US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC11001]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
       CHAPTER 116--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
 
            SUBCHAPTER I--EMERGENCY PLANNING AND NOTIFICATION
 
Sec. 11001. Establishment of State commissions, planning 
        districts, and local committees
        

(a) Establishment of State emergency response commissions

    Not later than six months after October 17, 1986, the Governor of 
each State shall appoint a State emergency response commission. The 
Governor may designate as the State emergency response commission one or 
more existing emergency response organizations that are State-sponsored 
or appointed. The Governor shall, to the extent practicable, appoint 
persons to the State emergency response commission who have technical 
expertise in the emergency response field. The State emergency response 
commission shall appoint local emergency planning committees under 
subsection (c) of this section and shall supervise and coordinate the 
activities of such committees. The State emergency response commission 
shall establish procedures for receiving and processing requests from 
the public for information under section 11044 of this title, including 
tier II information under section 11022 of this title. Such procedures 
shall include the designation of an official to serve as coordinator for 
information. If the Governor of any State does not designate a State 
emergency response commission within such period, the Governor shall 
operate as the State emergency response commission until the Governor 
makes such designation.

(b) Establishment of emergency planning districts

    Not later than nine months after October 17, 1986, the State 
emergency response commission shall designate emergency planning 
districts in order to facilitate preparation and implementation of 
emergency plans. Where appropriate, the State emergency response 
commission may designate existing political subdivisions or 
multijurisdictional planning organizations as such districts. In 
emergency planning areas that involve more than one State, the State 
emergency response commissions of all potentially affected States may 
designate emergency planning districts and local emergency planning 
committees by agreement. In making such designation, the State emergency 
response commission shall indicate which facilities subject to the 
requirements of this subchapter are within such emergency planning 
district.

(c) Establishment of local emergency planning committees

    Not later than 30 days after designation of emergency planning 
districts or 10 months after October 17, 1986, whichever is earlier, the 
State emergency response commission shall appoint members of a local 
emergency planning committee for each emergency planning district. Each 
committee shall include, at a minimum, representatives from each of the 
following groups or organizations: elected State and local officials; 
law enforcement, civil defense, firefighting, first aid, health, local 
environmental, hospital, and transportation personnel; broadcast and 
print media; community groups; and owners and operators of facilities 
subject to the requirements of this subchapter. Such committee shall 
appoint a chairperson and shall establish rules by which the committee 
shall function. Such rules shall include provisions for public 
notification of committee activities, public meetings to discuss the 
emergency plan, public comments, response to such comments by the 
committee, and distribution of the emergency plan. The local emergency 
planning committee shall establish procedures for receiving and 
processing requests from the public for information under section 11044 
of this title, including tier II information under section 11022 of this 
title. Such procedures shall include the designation of an official to 
serve as coordinator for information.

(d) Revisions

    A State emergency response commission may revise its designations 
and appointments under subsections (b) and (c) of this section as it 
deems appropriate. Interested persons may petition the State emergency 
response commission to modify the membership of a local emergency 
planning committee.

(Pub. L. 99-499, title III, Sec. 301, Oct. 17, 1986, 100 Stat. 1729.)


                             Effective Date

    Chapter effective Oct. 17, 1986, see section 4 of Pub. L. 99-499, 
set out as an Effective Date of 1986 Amendment note under section 9601 
of this title.


                               Short Title

    Section 300(a) of title III of Pub. L. 99-499 provided that: ``This 
title [enacting this chapter] may be cited as the `Emergency Planning 
and Community Right-To-Know Act of 1986'.''

                        Executive Order No. 12856

    Ex. Ord. No. 12856, Aug. 3, 1993, 58 F.R. 41981, which provided for 
Federal compliance with right-to-know laws and pollution prevention 
requirements, was revoked by Ex. Ord. No. 13148, Sec. 901, Apr. 21, 
2000, 65 F.R. 24604, set out as a note under section 4321 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 11004, 11042 of this title; 
title 49 sections 5115, 5116.