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: 42USC11023]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
       CHAPTER 116--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
 
                  SUBCHAPTER II--REPORTING REQUIREMENTS
 
Sec. 11023. Toxic chemical release forms


(a) Basic requirement

    The owner or operator of a facility subject to the requirements of 
this section shall complete a toxic chemical release form as published 
under subsection (g) of this section for each toxic chemical listed 
under subsection (c) of this section that was manufactured, processed, 
or otherwise used in quantities exceeding the toxic chemical threshold 
quantity established by subsection (f) of this section during the 
preceding calendar year at such facility. Such form shall be submitted 
to the Administrator and to an official or officials of the State 
designated by the Governor on or before July 1, 1988, and annually 
thereafter on July 1 and shall contain data reflecting releases during 
the preceding calendar year.

(b) Covered owners and operators of facilities

                           (1) In general

        (A) The requirements of this section shall apply to owners and 
    operators of facilities that have 10 or more full-time employees and 
    that are in Standard Industrial Classification Codes 20 through 39 
    (as in effect on July 1, 1985) and that manufactured, processed, or 
    otherwise used a toxic chemical listed under subsection (c) of this 
    section in excess of the quantity of that toxic chemical established 
    under subsection (f) of this section during the calendar year for 
    which a release form is required under this section.
        (B) The Administrator may add or delete Standard Industrial 
    Classification Codes for purposes of subparagraph (A), but only to 
    the extent necessary to provide that each Standard Industrial Code 
    to which this section applies is relevant to the purposes of this 
    section.
        (C) For purposes of this section--
            (i) The term ``manufacture'' means to produce, prepare, 
        import, or compound a toxic chemical.
            (ii) The term ``process'' means the preparation of a toxic 
        chemical, after its manufacture, for distribution in commerce--
                (I) in the same form or physical state as, or in a 
            different form or physical state from, that in which it was 
            received by the person so preparing such chemical, or
                (II) as part of an article containing the toxic 
            chemical.

       (2) Discretionary application to additional facilities

        The Administrator, on his own motion or at the request of a 
    Governor of a State (with regard to facilities located in that 
    State), may apply the requirements of this section to the owners and 
    operators of any particular facility that manufactures, processes, 
    or otherwise uses a toxic chemical listed under subsection (c) of 
    this section if the Administrator determines that such action is 
    warranted on the basis of toxicity of the toxic chemical, proximity 
    to other facilities that release the toxic chemical or to population 
    centers, the history of releases of such chemical at such facility, 
    or such other factors as the Administrator deems appropriate.

(c) Toxic chemicals covered

    The toxic chemicals subject to the requirements of this section are 
those chemicals on the list in Committee Print Number 99-169 of the 
Senate Committee on Environment and Public Works, titled ``Toxic 
Chemicals Subject to Section 313 of the Emergency Planning and Community 
Right-To-Know Act of 1986'' [42 U.S.C. 11023] (including any revised 
version of the list as may be made pursuant to subsection (d) or (e) of 
this section).

(d) Revisions by Administrator

                           (1) In general

        The Administrator may by rule add or delete a chemical from the 
    list described in subsection (c) of this section at any time.

                            (2) Additions

        A chemical may be added if the Administrator determines, in his 
    judgment, that there is sufficient evidence to establish any one of 
    the following:
            (A) The chemical is known to cause or can reasonably be 
        anticipated to cause significant adverse acute human health 
        effects at concentration levels that are reasonably likely to 
        exist beyond facility site boundaries as a result of continuous, 
        or frequently recurring, releases.
            (B) The chemical is known to cause or can reasonably be 
        anticipated to cause in humans--
                (i) cancer or teratogenic effects, or
                (ii) serious or irreversible--
                    (I) reproductive dysfunctions,
                    (II) neurological disorders,
                    (III) heritable genetic mutations, or
                    (IV) other chronic health effects.

            (C) The chemical is known to cause or can reasonably be 
        anticipated to cause, because of--
                (i) its toxicity,
                (ii) its toxicity and persistence in the environment, or
                (iii) its toxicity and tendency to bioaccumulate in the 
            environment,

        a significant adverse effect on the environment of sufficient 
        seriousness, in the judgment of the Administrator, to warrant 
        reporting under this section. The number of chemicals included 
        on the list described in subsection (c) of this section on the 
        basis of the preceding sentence may constitute in the aggregate 
        no more than 25 percent of the total number of chemicals on the 
        list.

    A determination under this paragraph shall be based on generally 
    accepted scientific principles or laboratory tests, or appropriately 
    designed and conducted epidemiological or other population studies, 
    available to the Administrator.

                            (3) Deletions

        A chemical may be deleted if the Administrator determines there 
    is not sufficient evidence to establish any of the criteria 
    described in paragraph (2).

                         (4) Effective date

        Any revision made on or after January 1 and before December 1 of 
    any calendar year shall take effect beginning with the next calendar 
    year. Any revision made on or after December 1 of any calendar year 
    and before January 1 of the next calender year shall take effect 
    beginning with the calendar year following such next calendar year.

(e) Petitions

                           (1) In general

        Any person may petition the Administrator to add or delete a 
    chemical from the list described in subsection (c) of this section 
    on the basis of the criteria in subparagraph (A) or (B) of 
    subsection (d)(2) of this section. Within 180 days after receipt of 
    a petition, the Administrator shall take one of the following 
    actions:
            (A) Initiate a rulemaking to add or delete the chemical to 
        the list, in accordance with subsection (d)(2) or (d)(3) of this 
        section.
            (B) Publish an explanation of why the petition is denied.

                       (2) Governor petitions

        A State Governor may petition the Administrator to add or delete 
    a chemical from the list described in subsection (c) of this section 
    on the basis of the criteria in subparagraph (A), (B), or (C) of 
    subsection (d)(2) of this section. In the case of such a petition 
    from a State Governor to delete a chemical, the petition shall be 
    treated in the same manner as a petition received under paragraph 
    (1) to delete a chemical. In the case of such a petition from a 
    State Governor to add a chemical, the chemical will be added to the 
    list within 180 days after receipt of the petition, unless the 
    Administrator--
            (A) initiates a rulemaking to add the chemical to the list, 
        in accordance with subsection (d)(2) of this section, or
            (B) publishes an explanation of why the Administrator 
        believes the petition does not meet the requirements of 
        subsection (d)(2) of this section for adding a chemical to the 
        list.

(f) Threshold for reporting

                 (1) Toxic chemical threshold amount

        The threshold amounts for purposes of reporting toxic chemicals 
    under this section are as follows:
            (A) With respect to a toxic chemical used at a facility, 
        10,000 pounds of the toxic chemical per year.
            (B) With respect to a toxic chemical manufactured or 
        processed at a facility--
                (i) For the toxic chemical release form required to be 
            submitted under this section on or before July 1, 1988, 
            75,000 pounds of the toxic chemical per year.
                (ii) For the form required to be submitted on or before 
            July 1, 1989, 50,000 pounds of the toxic chemical per year.
                (iii) For the form required to be submitted on or before 
            July 1, 1990, and for each form thereafter, 25,000 pounds of 
            the toxic chemical per year.

                            (2) Revisions

        The Administrator may establish a threshold amount for a toxic 
    chemical different from the amount established by paragraph (1). 
    Such revised threshold shall obtain reporting on a substantial 
    majority of total releases of the chemical at all facilities subject 
    to the requirements of this section. The amounts established under 
    this paragraph may, at the Administrator's discretion, be based on 
    classes of chemicals or categories of facilities.

(g) Form

                      (1) Information required

        Not later than June 1, 1987, the Administrator shall publish a 
    uniform toxic chemical release form for facilities covered by this 
    section. If the Administrator does not publish such a form, owners 
    and operators of facilities subject to the requirements of this 
    section shall provide the information required under this subsection 
    by letter postmarked on or before the date on which the form is due. 
    Such form shall--
            (A) provide for the name and location of, and principal 
        business activities at, the facility;
            (B) include an appropriate certification, signed by a senior 
        official with management responsibility for the person or 
        persons completing the report, regarding the accuracy and 
        completeness of the report; and
            (C) provide for submission of each of the following items of 
        information for each listed toxic chemical known to be present 
        at the facility:
                (i) Whether the toxic chemical at the facility is 
            manufactured, processed, or otherwise used, and the general 
            category or categories of use of the chemical.
                (ii) An estimate of the maximum amounts (in ranges) of 
            the toxic chemical present at the facility at any time 
            during the preceding calendar year.
                (iii) For each wastestream, the waste treatment or 
            disposal methods employed, and an estimate of the treatment 
            efficiency typically achieved by such methods for that 
            wastestream.
                (iv) The annual quantity of the toxic chemical entering 
            each environmental medium.

                      (2) Use of available data

        In order to provide the information required under this section, 
    the owner or operator of a facility may use readily available data 
    (including monitoring data) collected pursuant to other provisions 
    of law, or, where such data are not readily available, reasonable 
    estimates of the amounts involved. Nothing in this section requires 
    the monitoring or measurement of the quantities, concentration, or 
    frequency of any toxic chemical released into the environment beyond 
    that monitoring and measurement required under other provisions of 
    law or regulation. In order to assure consistency, the Administrator 
    shall require that data be expressed in common units.

(h) Use of release form

    The release forms required under this section are intended to 
provide information to the Federal, State, and local governments and the 
public, including citizens of communities surrounding covered 
facilities. The release form shall be available, consistent with section 
11044(a) of this title, to inform persons about releases of toxic 
chemicals to the environment; to assist governmental agencies, 
researchers, and other persons in the conduct of research and data 
gathering; to aid in the development of appropriate regulations, 
guidelines, and standards; and for other similar purposes.

(i) Modifications in reporting frequency

                           (1) In general

        The Administrator may modify the frequency of submitting a 
    report under this section, but the Administrator may not modify the 
    frequency to be any more often than annually. A modification may 
    apply, either nationally or in a specific geographic area, to the 
    following:
            (A) All toxic chemical release forms required under this 
        section.
            (B) A class of toxic chemicals or a category of facilities.
            (C) A specific toxic chemical.
            (D) A specific facility.

                          (2) Requirements

        A modification may be made under paragraph (1) only if the 
    Administrator--
            (A) makes a finding that the modification is consistent with 
        the provisions of subsection (h) of this section, based on--
                (i) experience from previously submitted toxic chemical 
            release forms, and
                (ii) determinations made under paragraph (3), and

            (B) the finding is made by a rulemaking in accordance with 
        section 553 of title 5.

                         (3) Determinations

        The Administrator shall make the following determinations with 
    respect to a proposed modification before making a modification 
    under paragraph (1):
            (A) The extent to which information relating to the proposed 
        modification provided on the toxic chemical release forms has 
        been used by the Administrator or other agencies of the Federal 
        Government, States, local governments, health professionals, and 
        the public.
            (B) The extent to which the information is (i) readily 
        available to potential users from other sources, such as State 
        reporting programs, and (ii) provided to the Administrator under 
        another Federal law or through a State program.
            (C) The extent to which the modification would impose 
        additional and unreasonable burdens on facilities subject to the 
        reporting requirements under this section.

                          (4) 5-year review

        Any modification made under this subsection shall be reviewed at 
    least once every 5 years. Such review shall examine the modification 
    and ensure that the requirements of paragraphs (2) and (3) still 
    justify continuation of the modification. Any change to a 
    modification reviewed under this paragraph shall be made in 
    accordance with this subsection.

                    (5) Notification to Congress

        The Administrator shall notify Congress of an intention to 
    initiate a rulemaking for a modification under this subsection. 
    After such notification, the Administrator shall delay initiation of 
    the rulemaking for at least 12 months, but no more than 24 months, 
    after the date of such notification.

                         (6) Judicial review

        In any judicial review of a rulemaking which establishes a 
    modification under this subsection, a court may hold unlawful and 
    set aside agency action, findings, and conclusions found to be 
    unsupported by substantial evidence.

                          (7) Applicability

        A modification under this subsection may apply to a calendar 
    year or other reporting period beginning no earlier than January 1, 
    1993.

                         (8) Effective date

        Any modification made on or after January 1 and before December 
    1 of any calendar year shall take effect beginning with the next 
    calendar year. Any modification made on or after December 1 of any 
    calendar year and before January 1 of the next calendar year shall 
    take effect beginning with the calendar year following such next 
    calendar year.

(j) EPA management of data

    The Administrator shall establish and maintain in a computer data 
base a national toxic chemical inventory based on data submitted to the 
Administrator under this section. The Administrator shall make these 
data accessible by computer telecommunication and other means to any 
person on a cost reimbursable basis.

(k) Report

    Not later than June 30, 1991, the Comptroller General, in 
consultation with the Administrator and appropriate officials in the 
States, shall submit to the Congress a report including each of the 
following:
        (1) A description of the steps taken by the Administrator and 
    the States to implement the requirements of this section, including 
    steps taken to make information collected under this section 
    available to and accessible by the public.
        (2) A description of the extent to which the information 
    collected under this section has been used by the Environmental 
    Protection Agency, other Federal agencies, the States, and the 
    public, and the purposes for which the information has been used.
        (3) An identification and evaluation of options for 
    modifications to the requirements of this section for the purpose of 
    making information collected under this section more useful.

(l) Mass balance study

                           (1) In general

        The Administrator shall arrange for a mass balance study to be 
    carried out by the National Academy of Sciences using mass balance 
    information collected by the Administrator under paragraph (3). The 
    Administrator shall submit to Congress a report on such study no 
    later than 5 years after October 17, 1986.

                            (2) Purposes

        The purposes of the study are as follows:
            (A) To assess the value of mass balance analysis in 
        determining the accuracy of information on toxic chemical 
        releases.
            (B) To assess the value of obtaining mass balance 
        information, or portions thereof, to determine the waste 
        reduction efficiency of different facilities, or categories of 
        facilities, including the effectiveness of toxic chemical 
        regulations promulgated under laws other than this chapter.
            (C) To assess the utility of such information for evaluating 
        toxic chemical management practices at facilities, or categories 
        of facilities, covered by this section.
            (D) To determine the implications of mass balance 
        information collection on a national scale similar to the mass 
        balance information collection carried out by the Administrator 
        under paragraph (3), including implications of the use of such 
        collection as part of a national annual quantity toxic chemical 
        release program.

                     (3) Information collection

        (A) The Administrator shall acquire available mass balance 
    information from States which currently conduct (or during the 5 
    years after October 17, 1986 initiate) a mass balance-oriented 
    annual quantity toxic chemical release program. If information from 
    such States provides an inadequate representation of industry 
    classes and categories to carry out the purposes of the study, the 
    Administrator also may acquire mass balance information necessary 
    for the study from a representative number of facilities in other 
    States.
        (B) Any information acquired under this section shall be 
    available to the public, except that upon a showing satisfactory to 
    the Administrator by any person that the information (or a 
    particular part thereof) to which the Administrator or any officer, 
    employee, or representative has access under this section if made 
    public would divulge information entitled to protection under 
    section 1905 of title 18, such information or part shall be 
    considered confidential in accordance with the purposes of that 
    section, except that such information or part may be disclosed to 
    other officers, employees, or authorized representatives of the 
    United States concerned with carrying out this section.
        (C) The Administrator may promulgate regulations prescribing 
    procedures for collecting mass balance information under this 
    paragraph.
        (D) For purposes of collecting mass balance information under 
    subparagraph (A), the Administrator may require the submission of 
    information by a State or facility.

                     (4) Mass balance definition

        For purposes of this subsection, the term ``mass balance'' means 
    an accumulation of the annual quantities of chemicals transported to 
    a facility, produced at a facility, consumed at a facility, used at 
    a facility, accumulated at a facility, released from a facility, and 
    transported from a facility as a waste or as a commercial product or 
    byproduct or component of a commercial product or byproduct.

(Pub. L. 99-499, title III, Sec. 313, Oct. 17, 1986, 100 Stat. 1741.)

             Expediting Community Right-to-Know Initiatives

    Memorandum of President of the United States, Aug. 8, 1995, 60 F.R. 
41791, provided:
    Memorandum for the Administrator of the Environmental Protection 
Agency and the Heads of Executive Departments and Agencies
    The Emergency Planning and Community Right-to-Know Act of 1986 (42 
U.S.C. 11001-11050) (``EPCRA'') and the Pollution Prevention Act of 1990 
(42 U.S.C. 13101-13109) provide an innovative approach to protecting 
public health and the environment by ensuring that communities are 
informed about the toxic chemicals being released into the air, land, 
and water by manufacturing facilities. I am committed to the effective 
implementation of this law, because Community Right-to-Know protections 
provide a basic informational tool to encourage informed community-based 
environmental decision making and provide a strong incentive for 
businesses to find their own ways of preventing pollution.
    The laws provide the Environmental Protection Agency with 
substantial authority to add to the Toxics Release Inventory under 
EPCRA: (1) new chemicals; (2) new classes of industrial facilities; and 
(3) additional types of information concerning toxic chemical use at 
facilities. Community Right-to-Know should be enhanced wherever possible 
as appropriate. EPA currently is engaged in an on-going process to 
address potential facility expansion and the collection of use 
information. I am committed to a full and open process on the policy 
issues posed by EPA's exercise of these authorities.
    So that consideration of these issues can be fully accomplished 
during this Administration, I am directing the Administrator of the 
Environmental Protection Agency, in consultation with the Office of 
Management and Budget and appropriate Federal agencies with applicable 
technical and functional expertise, as necessary, to take the following 
actions:
    (a) Continuation on an expedited basis of the public notice and 
comment rulemaking proceedings to consider whether, as appropriate and 
consistent with section 313(b) of EPCRA, 42 U.S.C. 11023(b), to add to 
the list of Standard Industrial Classification (``SIC'') Code 
designations of 20 through 39 (as in effect on July 1, 1985). For SIC 
Code designations, see ``Standard Industrial Classification Manual'' 
published by the Office of Management and Budget. EPA shall complete the 
rulemaking process on an accelerated schedule.
    (b) Development and implementation of an expedited, open, and 
transparent process for consideration of reporting under EPCRA on 
information on the use of toxic chemicals at facilities, including 
information on mass balance, materials accounting, or other chemical use 
date [data], pursuant to section 313(b)(1)(A) of EPCRA, 42 U.S.C. 
11023(b)(1)(A). EPA shall report on the progress of this effort by 
October 1, 1995, with a goal of obtaining sufficient information to be 
able to make informed judgments concerning implementation of any 
appropriate program.
    These actions should continue unless specifically prohibited by law. 
The head of each executive department or agency shall assist the 
Environmental Protection Agency in implementing this directive as 
quickly as possible.
    This directive is for the internal management of the executive 
branch and does not create any right or benefit, substantive or 
procedural, enforceable by any party against the United States, its 
agencies or instrumentalities, its officers or employees, or any person.
    The Director of the Office of Management and Budget is authorized 
and directed to publish this Memorandum in the Federal Register.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 11042, 11043, 11045, 11046, 
11049, 13102, 13106 of this title.