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Page:United States Statutes at Large Volume 100 Part 2.djvu/615

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1717

"SEC. 403. RISK RETENTION GROUPS.

42 USC 9673.

"(a) EXEMPTION.—Except as provided in this section, a risk retention group shall be exempt from the following: "(1) A State law, rule, or order which makes unlawful, or regulates, directly or indirectly, the operation of a risk retention group. "(2) A State law, rule, or order which requires or permits a risk retention group to participate in any insurance insolvency '' guaranty association to which an insurer licensed in the State is required to belong. "(3) A State law, rule, or order which requires any insurance policy issued to a risk retention group or any member of the group to be countersigned by an insurance agent or broker residing in the State. "(4) A State law, rule, or order which otherwise discriminates against a risk retention group or any of its members. "(b) EXCEPTIONS.— "(1) STATE LAWS GENERALLY APPLICABLE.—Nothing

in subsection (a) shall be construed to affect the applicability of State laws generally applicable to persons or corporations. The State in which a risk retention group is chartered may regulate the formation and operation of the group. "(2) STATE REGULATIONS NOT SUBJECT TO EXEMPTION.—Subsec-

tion (a) shall not apply to any State law which requires a risk '^ retention group to do any of the following: "(A) Comply with the unfair claim settlement practices law of the State. ^ - ^ (., ^v "(B) Pay, on a nondiscriminatory basis, applicable pre,; mium and other taxes which are levied on admitted insurer ers and surplus line insurers, brokers, or policyholders J under the laws of the State. .jr "(C) Participate, on a nondiscriminatory basis, in any mechanism established or authorized under the law of the State for the equitable apportionment among insurers of pollution liability insurance losses and expenses incurred ''*' on policies written through such mechanism. "(D) Submit to the appropriate authority reports and ^ other information required of licensed insurers under the laws of a State relating solely to pollution liability insur^ ^ ance losses and expenses. ^ "(E) Register with and designate the State insurance commissioner as its agent solely for the purpose of receiving service of legal documents or process. '* "(F) Furnish, upon request, such commissioner a copy, ^ of any financial report submitted by the risk retention ^^3" group to the commissioner of the chartering or licensing B lie jurisdiction. "(G) Submit to an examination by the State insurance '" commissioner in any State in which the group is doing business to determine the group's financial condition, if— ^' "(i) the commissioner has reason to believe the risk ^, retention group is in a financially impaired condition; ai

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"(ii) the commissioner of the jurisdiction in which the group is chartered has not begun or has refused to initiate an examination of the group.

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 100 STAT. 1718

State and local governments. proMbition/°"' 42 USC 9674.

PUBLIC LAW 99-499—OCT. 17, 1986

"(H) Comply with a lawful order issued in a delinquency proceeding commenced by the State insurance commissioner if the commissioner of the jurisdiction in which the group is chartered has failed to initiate such a proceeding after notice of a finding of financial impairment under subparagraph (G). "(c) APPLICATION OF EXEMPTIONS.—The exemptions specified in subsection (a) apply to— "(1) pollution liability insurance coverage provided by a risk retention group for— "(A) such group; or ^; V "(B) any person who is a member of such group; "(2) the sale of pollution liability insurance coverage for a risk retention group; and "(3) the provision of insurance related services or management services for a risk retention group or any member of such a group. "(d) AGENTS OR BROKERS.—A State may require that a person acting, or offering to act, as an agent or broker for a risk retention group obtain a license from that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker. "SEC. 404. PURCHASING GROUPS. "(a) EXEMPTION.—Except as provided in this section, a purchasing group is exempt from the following: "(1) A State law, rule, or order which prohibits the establishment of a purchasing group. "(2) A State law, rule, or order which makes it unlawful for an insurer to provide or offer to provide insurance on a beisis based on their loss and expense experience, not afforded to other persons with respect to rates, policy forms, coverages, or other matters. "(3) A State law, rule, or order which prohibits a purchasing group or its members from purchasing insurance on the group J,,. basis described in paragraph (2) of this subsection. "(4) A State law, rule, or order which prohibits a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or ,., because any member has not belonged to the group for a ^.^ minimum period of time. "(5) A State law, rule, or order which requires that a purchas. ing group must have a minimum number of members, common ownership or affiliation, or a certain legal form. "(6) A State law, rule, or order which requires that a certain percentage of a purchasing group must obtain insurance on a ,,^ group basis. "(7) A State law, rule, or order which requires that any insurance policy issued to a purchasing group or any members of the group be countersigned by an insurance agent or broker residing in that State. "(8) A State law, rule, or order which otherwise discriminate against a purchasing group or any of its members. "(b) APPLICATION OF EXEMPTIONS.—The exemptions specified in subsection (a) apply to the following:
 * providing, to a purchasing group or its member, advantages,

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 100 Part 2.djvu/617

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1719

"(1) Pollution liability insurance, and comprehensive general liability insurance which includes this coverage, provided to— "(A) a purchasing group; or "(B) any person who is a member of a purchasing group. "(2) The sale of any one of the following to a purchasing group or a member of the group: "(A) Pollution liability insurance and comprehensive general liability coverage. iJj "(B) Insurance related services. "(C) Management services. "(c) AGENTS OR BROKERS.—A State may require that a person acting, or offering to act, as an agent or broker for a purchasing group obtain a license from that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker. "SEC. 405. APPLICABILITY OF SECURITIES LAWS.

"(a) OWNERSHIP INTERESTS.—The ownership interests of members of a risk retention group shall be considered to be— "(1) exempted securities for purposes of section 5 of the Securities Act of 1933 and for purposes of section 12 of the Securities Exchange Act of 1934; and "(2) securities for purposes of the provisions of section 17 of the Securities Act of 1933 and the provisions of section 10 of the Securities Exchange Act of 1934. "(b) INVESTMENT COMPANY ACT.—A risk retention group shall not be considered to be an investment company for purposes of the Investment Company Act of 1940 (15 U.S.C. 80a-l et seq.).

State and local governments. Discrimination, prohibition. 42 USC 9675.

15 USC 77e. 15 USC 78/. 15 USC 77q. 15 USC 78j.

"(c) BLUE SKY LAW.—The ownership interests of members in a

risk retention group shall not be considered securities for purposes of any State blue sky law.". SEC. 211. DEPARTMENT OF DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.

(a) IN GENERAL.—(1) Title 10, United States Code, is amended— (A) by redesignating section 2701 as section 2721; and (B) by inserting after chapter 159 the following new chapter:

"CHAPTER 160—ENVIRONMENTAL RESTORATION "Sec. "2701. "2702. "2703. "2704. "2705. "2706. "2707.

Environmental restoration program. Research, development, and demonstration program. Environmental restoration transfer account. Commonly found unregulated hazardous substances. Notice of environmental restoration activities. Annual report to Congress. Definitions.

"§ 2701. Environmental restoration program "(a) ENVIRONMENTAL RESTORATION PROGRAM.—

"(1) IN GENERAL.—The Secretary of Defense shall carry out a program of environmental restoration at facilities under the jurisdiction of the Secretary. The program shall be known as the 'Defense Environmental Restoration Program'. "(2) APPLICATION OF SECTION 120 OF CERCLA.—Activities of the

program described in subsection (b)(1) shall be carried out subject to, and in a manner consistent with, section 120 (relating to Federal facilities) of the Comprehensive Environmental Re-

10 USC 2701.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/618

 100 STAT. 1720

PUBLIC LAW 99-499—OCT. 17, 1986

Ante, p. 1666.

p sponse, Compensation, and Liability Act of 1980 (hereinafter in - this chapter referred to as 'CERCLA') (42 U.S.C. 9601 et seq.). "(3) CONSULTATION WITH EPA.—The program shall be carried q; out in consultation with the Administrator of the Environf|£ mental Protection Agency. "(4) ADMINISTRATIVE OFFICE WITHIN OSD.—The Secretary shall identify an office within the Office of the Secretary which shall have responsibility for carrying out the program. "(b) PROGRAM GTOALS.—Goals of the program shall include the following: "(1) The identification, investigation, research and development, and cleanup of contamination from hazardous substances, '"" a''^tupi,roi^ pollutants, and contaminants. "(2) Correction of other environmental damage (such as detection and disposal of unexploded ordnance) which creates an (T 1:. J Si. imminent and substantial endangerment to the public health or welfare or to the environment, "(3) Demolition and removal of unsafe buildings and structures, including buildings and structures of the Department of .. Defense at sites formerly used by or under the jurisdiction of ^ the Secretary. "(c) RESPONSIBILITY FOR RESPONSE ACTIONS.—

"(1) BASIC RESPONSIBILITY.—The Secretary shall carry out (in accordance with the provisions of this chapter and CERCLA) all ^ response actions with respect to releases of hazardous substances from each of the following: "(A) Each facility or site owned by, leased to, or otherwise ,. ^.,,,. possessed by the United States and under the jurisdiction of ,,'",, the Secretary. "(B) Each facility or site which was under the jurisdiction of the Secretary and owned by, leased to, or otherwise /!?} Tn* possessed by the United States at the time of actions leading to contamination by hazardous substances. - i. h: "(C) Each vessel owned or operated by the Department of Defense. "(2) OTHER RESPONSIBLE PARTIES.—Paragraph (1) shall not apply to a removal or remedial action if the Administrator has i* provided for response action by a potentially responsible person f1 in accordance with section 122 of CERCLA (relating to settlements). Waste disposal. "(3) STATE FEES AND CHARGES.—The Secretary shall pay fees and charges imposed by State authorities for permit services for the disposal of hazardous substances on lands which are under the jurisdiction of the Secretary to the same extent that nongovernmental entities are required to pay fees and charges imposed by State authorities for permit services. The preceding •^ sentence shall not apply with respect to a payment that is the responsibility of a lessee, contractor, or other private person. "(d) SERVICES OF OTHER AGENCIES.—The Secretary may enter into agreements on a reimbursable basis with any other Federal agency, and on a reimbursable or other basis with any State or local government agency, to obtain the services of that agency to assist the Secretary in carrying out any of the Secretary's responsibilities under this section. Services which may be obtained under this subsection include the identification, investigation, and cleanup of any off-site contamination possibly resulting from the release of a

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Page:United States Statutes at Large Volume 100 Part 2.djvu/619

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1721

hazardous substance or waste at a facility under the Secretary's jurisdiction. "(e) RESPONSE ACTION CONTRACTORS.—The provisions of section 119 of CERCLA apply to response action contractors (as defined in that section) who carry out response actions under this section. "§ 2702. Research, development, and demonstration program "(a) PROGRAM.—As part of the Defense Environmental Restoration Program, the Secretary of Defense shall carry out a program of research, development, and demonstration with respect to hazardous wastes. The program shall be carried out in consultation and cooperation with the Administrator and the advisory council established under section 311(a)(5) of CERCLA. The program shall include research, development, and demonstration with respect to each of the following: "(1) Means of reducing the quantities of hazardous waste generated by activities and facilities under the jurisdiction of the Secretary. "(2) Methods of treatment, disposal, and management (including recycling and detoxifying) of hazardous waste of the types - and quantities generated by current and former activities of the Secretary and facilities currently and formerly under the jurisdiction of the Secretary. "(3) Identifying more cost-effective technologies for cleanup of hazardous substances. "(4) Toxicological data collection and methodology on risk of exposure to hazardous waste generated by the Department of Defense. "(5) The testing, evaluation, and field demonstration of any innovative technology, processes, equipment, or related training devices which may contribute to establishment of new methods to control, contain, and treat hazardous substances, to be carried out in consultation and cooperation with, and to the extent possible in the same manner and standards as, testing, evaluation, and field demonstration carried out by the Administrator, acting through the office of technology demonstration of the Environmental Protection Agency. "(b) SPECIAL PERMIT.—The Administrator may use the authorities of section 3005(g) of the Solid Waste Disposal Act (42 U.S.C. 6925(g)) to issue a permit for testing and evaluation which receives support under this section. "(c) CONTRACTS AND GRANTS.—The Secretary may enter into contracts and cooperative agreements with, and make grants to, universities, public and private profit and nonprofit entities, and other persons to carry out the research, development, and demonstration authorized under this section. Such contracts may be entered into only to the extent that appropriated funds are available for that purpose. "(d) INFORMATION COLLECTION AND DISSEMINATION.—

J

"(1) IN GENERAL.—The Secretary shall develop, collect, evaluate, and disseminate information related to the use (or potential use) of the treatment, disposal, and management technologies that are researched, developed, and demonstrated under this section. "(2) ROLE OF EPA.—The functions of the Secretary under paragraph (1) shall be carried out in cooperation and consultation with the Administrator. To the extent appropriate and

10 USC 2702.

Ante, p. 1708.

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 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1722

agreed upon by the Administrator and the Secretary, the Administrator shall evaluate and disseminate such information through the office of technology demonstration of the Environmental Protection Agency. 10 USC 2703.

"§ 2703. Environmental restoration transfer account "(a) ESTABLISHMENT OF TRANSFER ACCOUNT.— ^^* ' ' "(1) ESTABLISHMENT.—There is hereby established in the Department of Defense an account to be known as the 'Defense Environmental Restoration Account' (hereinafter in this section referred to as the 'transfer account'). All sums appropriated to carry out the functions of the Secretary of Defense relating to environmental restoration under this chapter or any other provision of law shall be appropriated to the transfer account. "(2) REQUIREMENT OF AUTHORIZATION OF APPROPRIATIONS.—No

at ':Q

funds may be appropriated to the transfer account unless such sums have been specifically authorized by law. "(3) AVAILABILITY OF FUNDS IN TRANSFER ACCOUNT.—AmoUntS

appropriated to the transfer account shall remain available until transferred under subsection (b). "(b)

President of U.S.

AUTHORITY To

TRANSFER TO OTHER D O D ACCOUNTS.—

Amounts in the transfer account shall be available to be transferred by the Secretary to any appropriation account or fund of the Department for obligation from that account or fund. Funds so trsmsferred shall be merged with and available for the same purposes and for the same period as the account or fund to which transferred. "(c) OBLIGATION OF TRANSFERRED AMOUNTS.—Funds transferred under subsection (b) may only be obligated or expended from the account or fund to which transferred in order to carry out the functions of the Secretary under this chapter or environmental restoration functions under any other provision of law. "(d) BUDGET REPORTS.—In proposing the Budget for any fiscal year pursuant to section 1105 of title 31, the President shall set forth separately the amount requested for environmental restoration programs of the Department of Defense under this chapter or any other Act. "(e) AMOUNTS RECOVERED UNDER CERCLA.—Amounts recovered

under section 107 of CERCLA for response actions of the Secretary shall be credited to the transfer account. "§ 2704. Commonly found unregulated hazardous substances "(a) NOTICE TO H H S. —

15 USC 2601 note; 42 USC 201 note, 7401 note. 33 USC 1251 note.

"(1) IN GENERAL.—The Secretary of Defense shall notify the i' Secretary of Health and Human Services of the hazardous substsmces which the Secretary of Defense determines to be the most commonly found unregulated hazardous substances at facilities under the Secretary's jurisdiction. The notification shall be of not less than the 25 most widely used such substances. ? "(2) DEFINITION.—In this subsection, the term 'unregulated hazardous substance' means a hazardous substance— "(A) for which no standard, requirement, criteria, or limitation is in effect under the Toxic Substances Control Act, the Safe Drinking Water Act, the Cleein Air Act, or the Clean Water Act; and "(B) for which no water quality criteria are in effect r.,p under any provision of the Clean Water Act.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/621

 PUBLIC LAW 99-499-OCT. 17, 1986

100 STAT. 1723

"(b) ToxicoLOGiCAL PROFILES.—The Secretary of Health and Human Services shall take such steps as necessary to ensure the timely preparation of toxicological profiles of each of the substances of which the Secretary is notified under subsection (a). The profiles of such substances shall include each of the following: "(1) The examination, summary, and interpretation of available toxicological information and epidemiologic evaluations on a hazardous substance in order to ascertain the levels of significant human exposure for the substance and the associated acute, subacute, and chronic health effects. "(2) A determination of whether adequate information on the health effects of each substance is available or in the process of development to determine levels of exposure which present a significant risk to human health of acute, subacute, and chronic health effects. "(3) Where appropriate, toxicological testing directed toward determining the maximum exposure level of a hazardous substance that is safe for humans. "(c) DOD SUPPORT.—The Secretary of Defense shall transfer to the Secretary of Health and Human Services such toxicological data, such sums from amounts appropriated to the Department of Defense, and such personnel of the Department of Defense as may be necessary (1) for the preparation of toxicological profiles under subsection (b) or (2) for other health related activities under section 104(i) of CERCLA. The Secretary of Defense and the Secretary of Health and Human Services shall enter into a memorandum of understanding regarding the manner in which this section shall be carried out, including the manner for transferring funds and personnel and for coordination of activities under this section. "(d) EPA HEALTH ADVISORIES.—

i' ~

"(1) PREPARATION.—At the request of the Secretary of Defense, the Administrator shall, in a timely manner, prepare health advisories on hazardous sul^tances. Such an advisory shall be prep£U*ed on each hazardous substance— "(A) for which no advisory exists; "(B) which is found to threaten drinking water; and "(C) which is emanating from a facility under the jurisdiction of the Secretary. "(2) CONTENT OF HEALTH ADVISORIES.—Such health advisories shall provide specific advice on the levels of contaminants in drinking water at which adverse health effects would not be anticipated and which include a margin of safety so as to protect the most sensitive members of the population at risk. The advisories shall provide data on one-day, 10-day, and longer-term exposure periods where available toxicological data exist. "(3) DOD SUPPORT FOR HEALTH ADVISORIES.—The Secretary of

Defense shall transfer to the Administrator such toxicological data, such sums from amounts appropriated to the Department of Defense, and such personnel of the Department of Defense as may be necessary for the preparation of such health advisories. The Secretary and the Administrator shall enter into a memorandum of understanding regarding the manner in which this subsection shall be carried out, including the manner for transferring funds and personnel and for coordination of activities under this subsection.

., v^,

Ante, p. 1636.

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 100 STAT. 1724 Ante, p. 1636.

PUBLIC LAW 99-499—OCT. 17, 1986

"(e) CROSS REFERENCE.—Section 104(i) of CERCLA applies to facilities under the jurisdiction of the Secretary of Defense in the manner prescribed in that section. "(f) FUNCTIONS OF H H S TO B E CARRIED OUT THROUGH A T S D R. —

The functions of the Secretary of Health and Human Services under this section shall be carried out through the Administrator of the Agency of Toxic Substances and Disease Registry of the Department of Health and Human Services established under section 104(i) of CERCLA. 10 USC 2705. State and local governments.

"§ 2705. Notice of environmental restoration activities "(a) EXPEDITED NOTICE.—The Secretary of Defense shall take such actions as necessary to ensure that the regional offices of the Environmental Protection Agency and appropriate State and local authorities for the State in which a facility under the Secretary's jurisdiction is located receive prompt notice of each of the following: "(1) The discovery of releases or threatened releases of hazardous substances at the facility. "(2) The extent of the threat to public health and the environ' ' ment which may be associated with any such release or threatened release. "(3) Proposals made by the Secretary to carry out response actions with respect to any such release or threatened^ release. "(4) The initiation of any response action with respect to such release or threatened release and the commencement of each . t J i >.i.\ distinct phase of such activities. "(b)

COMMENT BY EPA AND STATE AND LOCAL AUTHORITIES.— "(1) RELEASE NOTICES.—The Secretary shall ensure that the

Administrator of the Environmental Protection Agency and appropriate State and local officials have an adequate opportunity to comment on notices under paragraphs (1) and (2) of subsection (a). "(2) PROPOSALS FOR RESPONSE ACTIONS.—The Secretary shall, ii require that an adequate opportunity for timely review and comment be afforded to the Administrator and to appropriate State and local officials after making a proposal referred to in ^*i subsection (a)(3) and before undertaking an activity or action r.> referred to in subsection (a)(4). The preceding sentence does not apply if the action is an emergency removal taken because of g^ imminent and substantial endangerment to human health or the environment and consultation would be impractical. "(c) TECHNICAL REVIEW COMMFTTEE.—Whenever possible and practical, the Secretary shall establish a technical review committee to review and comment on Department of Defense actions and proposed actions with respect to releases or threatened releases of hazardous substances at installations. Members of any such committee shall include at least one representative of the Secretary, the Administrator, and appropriate State and local authorities and shall include a public representative of the community involved. "§ 2706. Annual report to Congress "(a) REPORT ON PROGRESS IN IMPLEMENTATION.—The Secretary of

Defense shall submit to Congress a report each fiscal year describing the prepress made by the Secretary during the preceding fiscal year in implementing the requirements of this chapter. "(b) MATTERS TO B E INCLUDED.—Each such report shall include the following: ^ a-..rt*^«.., *>.t

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Page:United States Statutes at Large Volume 100 Part 2.djvu/623

 PUBLIC LAW 99-499—OCT. 17, 1986

j

100 STAT. 1725

"(1) A statement for each installation under the jurisdiction of the Secretary of the number of individual facilities at which a hazardous substance has been identified. "(2) The status of response actions contemplated or undertaken at each such facility. "(3) The specific cost estimates and budgetary proposals involving response actions contemplated or undertaken at each such facility. "(4) A report on progress on conducting response actions at facilities other than facilities on the National Priorities List.

"§ 2707. Definitions s "In this chapter: 5: "(1) The terms 'environment', 'facility', 'hazardous substance', 'person', 'release', 'removal', 'response', 'disposal', and 'hazardous waste' have the meanings given those terms in section 101 of CERCLA (42 U.S.C. 9601). "(2) The term 'Administrator' means the Administrator of the Environmental Protection Agency.". (2) The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, of such title are each amended by inserting after the item relating to chapter 159 the following new item: "160. Environmental Restoration

i<,-

10 USC 2707.

2701".

(3) The table of sections at the beginning of chapter 161 of such title is amended to reflect the redesignation made by paragraph (I)(A). (b) MILITARY CONSTRUCTION PROJECTS.—(1) Chapter 169 of title 10, United States Code, is amended by inserting at the end of subchapter I the following new section: "§ 2810. Construction projects for environmental response actions "(a) Subject to subsection (b), the Secretary of Defense may carry out a military construction project not otherwise authorized by law (or may authorize the Secretary of a military department to carry out such a project) if the Secretary of Defense determines that the project is necessary to carry out a response action under chapter 160 of this title or under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). "(b)(1) When a decision is made to carry out a military construction project under this section, the Secretary of Defense shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include— "(A) the justification for the project and the current estimate of the cost of the project; and "(B) the justification for carrying out the project under this section. "(2) The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees. "(c) In this section, the term 'response action' has the meaning given that term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).".

10 USC 2810.

Reports.

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 100 STAT. 1726

PUBLIC LAW 99-499—OCT. 17, 1986

(2) The table of sections at the beginning of subchapter I of such chapter is amended by adding at the end thereof the following new item: 10 USC 2703 note-

Ante, p. 1707. 42 USC 9651.

"2810. Construction projects for environmental response actions.". (c) EFFECTIVE DATE.—Section 2703(a)(2) of title 10, United States

Code, as added by subsection (a), shall apply with respect to funds appropriated for fiscal years beginning after September 30, 1986. SEC. 212. REPORT AND OVERSIGHT REQUIREMENTS. Section 301 of CERCLA is amended by adding at the end thereof the following new subsection: "(h) REPORT AND OVERSIGHT REQUIREMENTS.— " "(1) ANNUAL REPORT BY EPA.—On January 1 of each year the

r

5 USC app.

" Administrator of the Environmental Protection Agency shall submit an annual report to Congress of such Agency on the progress achieved in implementing this Act during the preceding fiscal year. In addition such report shall specifically include "(A) A detailed description of each feasibility study carried out at a facility under title I of this Act. "(B) The status and estimated date of completion of each, such study. "(C) Notice of each such study which will not meet a 5V , previously published schedule for completion and the new estimated date for completion. "(D) An evaluation of newly developed feasible and achievable permanent treatment technologies. J "(E) Progress made in reducing the number of facilities '!' subject to review under section 121(c). ' '' "(F) A report on the status of all remedial and enforcement actions undertaken during the prior fiscal year, ,.,». including a comparison to remedial and enforcement actions undertaken in prior fiscal years. "(G) An estimate of the amount of resources, including the number of work years or personnel, which would be necessary for each department, agency, or instrumentality which is carrying out any activities of this Act to complete the implementation of all duties vested in the department, agency, or instrumentality under this Act. "(2) REVIEW BY INSPECTOR GENERAL.—Consistent with the authorities of the Inspector General Act of 1978 the Inspector General of the Environmental Protection Agency shall review K] any report submitted under paragraph (1) related to EPA's activities for reasonableness and accuracy and submit to Cont? ^ gress, as a part of such report a report on the results of such review. "(3) CONGRESSIONAL OVERSIGHT.—After receiving the reports
 * i each of the following:

under paragraphs (1) and (2) of this subsection in any calendar year, the appropriate authorizing committees of Congress shall a conduct oversight hearings to ensure that this Act is being implemented according to the purposes of this Act and congressional intent in enacting this Act.". SEC. 213. LOVE CANAL PROPERTY ACQUISITION. 42 USC 9661 note.

(a) CONGRESSIONAL FINDINGS.—

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Page:United States Statutes at Large Volume 100 Part 2.djvu/625

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1727

(1) The area known as Love Canal located in the city of New York. Niagara Falls and the town of Wheatfield, New York, was the first toxic waste site to receive national attention. As a result of that attention Congress investigated the problems associated with toxic waste sites and enacted CERCLA to deal with these problems. (2) Because Love Canal came to the Nation's attention prior to the passage of CERCLA and because the fund under CERCLA was not available to compensate for all of the hardships endured by the citizens in the area, Congress has determined that special provisions are required. These provisions do not affect the lawfulness, implementation, or selection of any other response actions at Love Canal or at any other facilities. (b) AMENDMENT OF SUPERFUND.—Title III of CERCLA is amended by adding the following new section at the end thereof: "SEC. 312. LOVE CANAL PROPERTY ACQUISITION. "(a) ACQUISITION OF PROPERTY IN EMERGENCY DECLARATION

AREA.—The Administrator of the Environmental Protection Agency (hereinafter referred to as the 'Administrator') may make grants not to exceed $2,500,000 to the State of New York (or to any duly constituted public agency or authority thereof) for purposes of acquisition of private property in the Love Canal Emergency Declaration Area. Such acquisition shall include (but shall not be limited to) all private property within the Emergency Declaration Area, including non-owner occupied residential properties, commercial, industrial, public, religious, non-profit, and vacant properties. "(b) PROCEDURES FOR ACQUISITION.—No property shall be acquired pursuant to this section unless the property owner voluntarily agrees to such acquisition. Compensation for any property acquired pursuant to this section shall be based upon the fair market value of the property as it existed prior to the emergency declaration. Valuation procedures for property acquired with funds provided under this section shall be in accordance with those set forth in the agreement entered into between the New York State Disaster Preparedness Commission and the Love Canal Revitalization Agency on October 9, 1980. "(c) STATE OWNERSHIP.—The Administrator shall not provide any

funds under this section for the acquisition of any properties pursuant to this section unless a public agency or authority of the State of New York first enters into a cooperative agreement with the Administrator providing assurances deemed adequate by the Administrator that the State or an agency created under the laws of the State shall take title to the properties to be so acquired. "(d) MAINTENANCE OF PROPERTY.—The Administrator shall enter into a cooperative agreement with an appropriate public agency or authority of the State of New York under which the Administrator shall maintain or arrange for the maintenance of all properties within the Emergency Declaration Area that have been acquired by any public agency or authority of the State. Ninety (90) percent of the costs of such maintenance shall be paid by the Administrator. The remaining portion of such costs shall be paid by the State (unless a credit is available under section 104(c)). The Administrator is authorized, in his discretion, to provide technical assistance to any public agency or authority of the State of New York in order to implement the recommendations of the habitability and land-use

New York. 42 USC 9661. Grants.

Contracts,

Contracts.

Ante, p. 1619.

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 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1728

study in order to put the land within the Emergency Declaration Area to its best use. "(e) HABITABILITY AND LAND U S E STUDY.—The Administrator

Ante, pp. 1642, 1706, 1696.

Emergency Planning and Community Right-To-Know Act of 1986. 42 USC 11001 note.

shall conduct or cause to be conducted a habitability and land-use study. The study shall— "(1) assess the risks associated with inhabiting of the Love Canal Emergency Declaration Area; "(2) compare the level of hazardous waste contamination in that Area to that present in other comparable communities; and "(3) assess the potential uses of the land within the Emergency Declaration Area, including but not limited to residential, industrial, commercial and recreational, and the risks associated with such potential uses. The Administrator shall publish the findings of such study and shall work with the State of New York to develop recommendations based upon the results of such study. "(f) FUNDING.—For purposes of section 111 [and 221(c) of this Act], the expenditures authorized by this section shall be treated as a cost specified in section 111(c). "(g) RESPONSE.—The provisions of this section shall not affect the implementation of other response actions within the Emergency Declaration Area that the Administrator has determined (before enactment of this section) to be necessary to protect the public health or welfare or the environment. "(h) DEFINITIONS.—For purposes of this section: "(1) EMERGENCY DECLARATION AREA.—The terms 'Emergency Declaration Area' and 'Love Canal Emergency Declaration Area' mean the Emergency Declaration Area as defined in section 950, paragraph (2) of the General Municipal Law of the State of New York, Chapter 259, Laws of 1980, as in effect on the date of the enactment of this section. "(2) PRIVATE PROPERTY.—As used in subsection (a), the term 'private property' means all property which is not owned by a department, agency, or instrumentality of— "(A) the United States, or "(B) the State of New York (or any public agency or authority thereof).". TITLE III—EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW SEC. 300. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This title may be cited as the "Emergency Planning and (Community Right-To-Know Act of 1986". (b) TABLE OF CONTENTS.—The table of contents of this title is as follows: Sec. 300. Short title; table of contents. Sec. 301. Sec. Sec. Sec. Sec.

302. 303. 304. 305.

Subtitle A—Emergency Planning and Notification Establishment of State commissions, planning districts, and local committees. Substances and facilities covered and notification. Comprehensive emergency response plans. Emergency notification. Emergency training and review of emergency systems.

Subtitle B—Reporting Requirements Sec. 311. Material safety data sheets. "^ ^ "W^J-^ - « «;..« ^ ^^w 4w-.iu::j.,. a i

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Sec. 312. Emergency and hazardous chemical inventory forms. Sec. 313. Toxic chemical release forms. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Subtitle C—General Provisions 321. Relationship to other law. 322. Trade secrets. 323. Provision of information to health professionals, doctors, and nurses. 324. Public availability of plans, data sheets, forms, and followup notices. 325. Enforcement. 326. Civil Actions. 327. Exemption. 328. Regulations. 329. Definitions. 330. Authorization of appropriations.

,

•

Subtitle A—Emergency Planning and Notification SEC. 301. ESTABLISHMENT OF STATE COMMISSIONS, PLANNING DISTRICTS, AND LOCAL COMMITTEES. (a)

ESTABLISHMENT OF STATE EMERGENCY RESPONSE COMMIS-

SIONS.—Not later than six months after the date of the enactment of this title, 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) 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 324, including tier II information under section 312. 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 the date of the enactment of this title, 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 subtitle are within such emergency planning district. (c)

42 USC 11001.

ESTABLISHMENT OF LOCAL EMERGENCY PLANNING COMMIT-

TEES.—Not later than 30 days after designation of emergency planning districts or 10 months after the date of the enactment of this title, 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

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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 subtitle. 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 324, including tier II information under section 312. 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) as it deems appropriate. Interested persons may petition the State emergency response commission to modify the membership of a local emergency planning committee. 42 USC 11002.

SEC. 302. SUBSTANCES AND FACILITIES COVERED AND NOTIFICATION. (a) SUBSTANCES COVERED.—

(1) IN GENERAL.—A substance is subject to the requirements of this subtitle if the substance is on the list published under paragraph (2). (2) LIST d r EXTREMELY HAZARDOUS SUBSTANCES.—Within 30

Regulations.

days after the date of the enactment of this title, the Administrator shall publish a list of extremely hazardous substances. The list shall be the same as the list of substances published in November 1985 by the Administrator in Appendix A of the "Chemical Emergency Preparedness Program Interim Guidance". (3) THRESHOLDS.—(A) At the time the list referred to in paragraph (2) is published the Administrator shall— (i) publish an interim final regulation establishing a threshold planning quantity for each substance on the list, taking into account the criteria described in paragraph (4), and (ii) initiate a rulemaking in order to publish final regulations establishing a threshold planning quantity for each substance on the list. (B) The threshold planning quantities may, at the Administrator's discretion, be based on classes of chemicals or categories of facilities. (C) If the Administrator fails to publish an interim final r^ulation establishing a threshold planning quantity for a substance within 30 days after the date of the enactment of this title, the threshold planning quantity for the substance shall be 2 pounds until such time as the Administrator publishes regulations establishing a threshold for the substance. (4) REVISIONS.—The Administrator may revise the list and thresholds under paragraphs (2) and (3) from time to time. Any revisions to the list shall take into account the toxicity, reactivity, volatility, dispersability, combustability, or flammability of a substance. For purposes of the preceding sentence, the term

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"toxicity" shall include any short- or long-term health effect which may result from a short-term exposure to the substance. (b) FACILITIES COVERED.—(1) Except as provided in section 304, a

facility is subject to the requirements of this subtitle if a substance on the list referred to in subsection (a) is present at the facility in an amount in excess of the threshold planning quantity established for such substance. (2) For purposes of emergency planning, a Governor or a State emergency response commission may designate additional facilities which shall be subject to the requirements of this subtitle, if such designation is made after public notice and opportunity for comment. The Governor or State emergency response commission shall notify the facility concerned of any facility designation under this paragraph. (c) EMERGENCY PLANNING NOTIFICATION.—Not later than seven months after the date of the enactment of this title, the owner or operator of each facility subject to the requirements of this subtitle by reason of subsection (b)(1) shall notify the State emergency response commission for the State in which such facility is located that such facility is subject to the requirements of this subtitle. Thereafter, if a substance on the list of extremely hazardous substances referred to in subsection (a) first becomes present at such facility in excess of the threshold planning quantity established for such substance, or if there is a revision of such list and the facility has present a substance on the revised list in excess of the threshold planning quantity established for such substance, the owner or operator of the facility shall notify the State emergency response commission and the local emergency planning committee within 60 days after such acquisition or revision that such facility is subject to the requirements of this subtitle. (d) NOTIFICATION OF ADMINISTRATOR.—The State emergency response commission shall notify the Administrator of facilities subject to the requirements of this subtitle by notifying the Administrator of— (1) each notification received from a facility under subsection (c), and (2) each facility designated by the Governor or State emergency response commission under subsection 0)X2). SEC. 303. COMPREHENSIVE EMERGENCY RESPONSE PLANS.

(a) PLAN REQUIRED.—Each local emergency planning committee shall complete preparation of an emergency plan in accordance with this section not later than two years after the date of the enactment of this title. The committee shall review such plan once a year, or more frequently as changed circumstances in the community or at any facility may require. (b) RESOURCES.—Each local emergency planning committee shall evsduate the need for resources necessary to develop, implement, and exercise the emergency plan, and shall make recommendations with respect to additional resources that may be required and the means for providing such additional resources. (c) PLAN PROVISIONS.—Each emergency plan shall include Osut is not limited to) each of the following: (1) Identification of facilities subject to the requirements of this subtitle that are within the emergency planning district, identification of routes likely to be used for the transportation of substances on the list of extremely hazardous substences

42 USC 11003.

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PUBLIC LAW 99-499—OCT. 17, 1986

referred to in section 302(a), and identification of additional facilities contributing or subjected to additional risk due to their proximity to facilities subject to the requirements of this subtitle, such as hospitals or natural gas facilities. (2) Methods and procedures to be followed by facility owners and operators and local emergency and medical personnel to respond to any release of such substances. (3) Designation of a community emergency coordinator and facility emergency coordinators, who shall make determinations necessary to implement the plan. (4) Procedures providing reliable, effective, and timely notification by the facility emergency coordinators and the community emergency coordinator to persons designated in the emergency plan, and to the public, that a release has occurred (consistent with the emergency notification requirements of section 304). (5) Methods for determining the occurrence of a release, and the area or population likely to be affected by such release. (6) A description of emergency equipment and facilities in the community and at each facility in the community subject to the requirements of this subtitle, and an identification of the persons responsible for such equipment and facilities. (7) Evacuation plans, including provisions for a precautionary evacuation and alternative traffic routes. (8) Training programs, including schedules for training of local emergency response and medical personnel. (9) Methods and schedules for exercising the emergency plan. (d) PROVIDING OF INFORMATION.—For each facility subject to the requirements of this subtitle: (1) Within 30 days after establishment of a local emergency planning committee for the emergency planning district in which such facility is located, or within 11 months after the date of the enactment of this title, whichever is earlier, the owner or operator of the facility shall notify the emergency planning committee (or the Governor if there is no committee) of a facility representative who will participate in the emergency planning process as a facility emergency coordinator. (2) The owner or operator of the facility shall promptly inform the emergency planning committee of any relevant changes occurring at such facility as such changes occur or are expected to occur. (3) Upon request from the emergency planning committee, the owner or operator of the facility shall promptly provide information to such committee necessary for developing and implementing the emergency plan. (e) REVIEW BY THE STATE EMERGENCY RESPONSE COMMISSION.—

After completion of an emergency plan under subsection (a) for an emergency planning district, the local emergency planning committee shall submit a copy of the plan to the State emergency response commission of each State in which such district is located. The commission shall review the plan and make recommendations to the committee on revisions of the plan that may be necessary to ensure coordination of such plan with emergency response plans of other emergency planning districts. To the maximum extent practicable, such review shall not delay implementation of such plan. (f) GUIDANCE DOCUMENTS.—The national response team, as established pursuant to the National Contingency Plan as established

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under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), shall publish guidance documents for preparation and implementation of emergency plans. Such documents shall be published not later than five months after the date of the enactment of this title, (g)

42 USC 9605.

REVIEW OF PLANS BY REGIONAL RESPONSE TEAMS.—The

regional response teams, as established pursuant to the National Contingency Plan as established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), may review and comment upon an emergency plan or other issues related to preparation, implementation, or exercise of such a plan upon request of a local emergency planning committee. Such review shall not delay implementation of the plan. SEC. 304. EMERGENCY NOTIFICATION. (a) TYPES OF RELEASES.— (1) 302(a).SUBSTANCE WHICH REQUIRES CERCLA NOTICE.—If

^^' 42 USC 9605.

42 USC 11004.

a release of an extremely hazardous substance referred to in section 302(a) occurs from a facility at which a hazardous Ante, p. 1730. chemical is produced, used, or stored, and such release requires • 1980 (hereafter in this section referred to as "CERCLA") (42 42 USC 9603. ' U.S.C. 9601 et seq.), the owner or operator of the facility shall fe immediately provide notice as described in subsection (b). (2) OTHER 302(a) SUBSTANCE.—If a release of an extremely ^ hazardous substance referred to in section 302(a) occurs from a facility at which a hazardous chemical is produced, used, or stored, and such release is not subject to the notification requirements under section 103(a) of CERCLA, the owner or ""' operator of the facility shall immediately provide notice as described in subsection (b), but only if the release— ^ (A) is not a federally permitted release as defined in section 101(10) of CERCLA, ">'..: (g) is in an amount in excess of a quantity which the Administrator has determined (by regulation) requires J notice, and ?aiBS<; (C) occurs in a manner which would require notification under section 103(a) of CERCLA. ""i Unless and until superseded by regulations establishing a quan• tity for an extremely heizardous substance described in quantity the release of which requires notice as described in (3) NoN-302(a) SUBSTANCE WHICH REQUIRES CERCLA NOTICE.—If a release of a substance which is not on the list referred to in section 302(a) occurs at a facility at which a hazardous chemical ^ is produced, used, or stored, and such release requires notification under section 103(a) of CERCLA, the owner or operator (A) If the substance is one for which a reportable quantity " has been established under section 102(a) of CERCLA, the Ante, p. 1617. 1 owner or operator shall provide notice as described in '^ subsection (b). (B) If the substance is one for which a reportable quantity has not been established under section 102(a) of CERCLA—
 * a notification under section 103(a) of the Comprehensive
 * ~ Environmental Response, Compensation, and Liability Act of
 * this paragraph, a quantity of 1 pound shall be deemed that
 * suteection (b).
 * shall provide notice as follows:

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 100 STAT. 1734

PUBLIC LAW 99-499—OCT. 17, 1986 ,,-

42 USC 9603. J >,;,,;.j , '" *

(i) Until April 30, 1988, the owner or operator shall provide, for releases of one pound or more of the substance, the same notice to the community emergency coordinator for the local emergency planning committee, at the same time and in the same form, as notice is provided to the National Response Center under section 103(a) of CERCLA. (ii) On and after April 30, 1988, the owner or operator shall provide, for releases of one pound or more of the substance, the notice as described in subsection 0)). (4) EXEMPTED RELEASES.—This section does not apply to any release which results in exposure to persons solely within the site or sites on which a facility is located. Q)) NOTIFICATION.— (1) RECIPIENTS OF NOTICE.—Notice required under subsection

>:

'>

(a) shall be given immediately after the release by the owner or operator of a facility (by such means as telephone, radio, or in person) to the community emergency coordinator for the local , emergency planning committees, if established pursuant to secAnte, p. 1729. tion 301(c), for any area likely to be affected by the release and to the State emergency planning commission of any State likely to be affected by the release. With respect to transportation of a substance subject to the requirements of this section, or storage incident to such transportation, the notice requirements of this section with respect to a release shall be satisfied by dialing 911 or, in the absence of a 911 emergency telephone number, calling J the operator. (2) CONTENTS.—Notice required under subsection (a) shall include each of the following (to the extent known at the time of the notice and so long as no delay in responding to the emergency results): (A) The chemical name or identity of any substance involved in the release. (B) An indication of whether the substance is on the list referred to in section 302(a). (C) An estimate of the quantity of any such substance that was released into the environment. (D) The time and duration of the release. (E) The medium or media into which the release ^ (F) Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals. (G) Proper precautions to take as a result of the release, including evacuation (unless such information is readily available to the community emergency coordinator pursuant to the emergency plan). (H) The name and telephone number of the person or persons to be contacted for further information. (c) FoLLOWUP EMERGENCY NOTICE.—As soon as practicable after a release which requires notice under subsection (a), such owner or operator shall provide a written followup emergency notice (or si9j q «^svf, notices, as more information becomes available) setting forth and updating the information required under subsection (b), and including additional information with respect trt— (1) actions taken to respond to and contain the release.
 * occurred.

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(2) any known or anticipated acute or chronic health risks associated with the release, and (3) where appropriate, advice regarding medical attention necessary for exposed individuals. (d) TRANSPORTATION EXEMPTION NOT APPLICABLE.—The exemption

provided in section 327 (relating to transportation) does not apply to this section.

Post, p. 1757.

SEC. 305. EMERGENCY TRAINING AND REVIEW OF EMERGENCY SYSTEMS.

42 USC 11005.

(a) EMERGENCY TRAINING.—

J

(1) PROGRAMS.—Officials of the United States Government carrying out existing Federal programs for emergency training are authorized to specifically provide training and education programs for Federal, State, and local personnel in hazard mitigation, emergency preparedness, fire prevention and control, disaster response, long-term disaster recovery, national security, technological and natural hazards, and emergency processes. Such programs shall provide special emphasis for such training and education with respect to hazardous chemicals. (2) STATE AND LOCAL PROGRAM SUPPORT.—There is authorized to be appropriated to the Federal Emergency Management Agency for each of the fiscal years 1987, 1988, 1989, and 1990, $5,000,000 for making grants to support programs of State and local governments, and to support university-sponsored programs, which are designed to improve emergency planning, preparedness, mitigation, response, and recovery capabilities. Such programs shall provide special emphasis with respect to emergencies associated with hazardous chemicals. Such grants may not exceed 80 percent of the cost of any such program. The remaining 20 percent of such costs shall be funded from nonFederal sources. (3) OTHER PROGRAMS.—Nothing in this section shall affect the availability of appropriations to the Federal Emergency Management Agency for any programs carried out by such agency other than the programs referred to in paragraph (2).

Appropriation authorization. Grants.

I (b) REVIEW OF EMERGENCY SYSTEMS.—

(1) REVIEW.—The Administrator shall initiate, not later than 30 days after the date of the enactment of this title, a review of emergency systems for monitoring, detecting, and preventing releases of extremely hazardous substances at representative domestic facilities that produce, use, or store extremely hazardous substances. The Administrator may select representative extremely hazardous substances from the substances on the list referred to in section 302(a) for the purposes of this review. The Administrator shall report interim findings to the Congress not later than seven months after such date of enactment, and issue a final report of findings and recommendations to the Congress not later than 18 months after such date of enactment. Such report shall be prepared in consultation with the States and appropriate Federal agencies. (2) REPORT.—The report required by this subsection shall include the Administrator's findings regarding each of the following: (A) The status of current technological capabilities to (i) monitor, detect, and prevent, in a timely manner, significant releases of extremely hazardous substances, (ii) deter-

'•^'•j

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Reports.

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Reports.

PUBLIC LAW 99-499—OCT. 17, 1986

, i^; mine the magnitude and direction of the hazard posed by each release, (iii) identify specific substances, (iv) provide rxi;? data on the specific chemical composition of such releases, and (v) determine the relative concentrations of the constituent substances. (B) The status of public emergency alert devices or systems for providing timely and effective public warning of an accidental release of extremely hazardous substances ' into the environment, including releases into the atmosphere, surface water, or groundwater from facilities that produce, store, or use significant quantities of such extremely hazardous substances. (C) The technical and economic feasibility of establishing, maintaining, and operating perimeter alert systems for detecting releases of such extremely hazardous substances into the atmosphere, surface water, or groundwater, at facilities that manufacture, use, or store significant quantities of such substances. ' (3) RECOMMENDATIONS.—The report required by this subsection shall also include the Administrator's recommendations for— (A) initiatives to support the development of new or improved technologies or systems that would facilitate the timely monitoring, detection, and prevention of releases of extremely hazardous substances, and (B) improving devices or systems for effectively alerting the public in a timely manner, in the event of an accidental release of such extremely hazardous substances. i.tr, 3c

42 USC 11021.

Subtitle B—Reporting Requirements

SEC. 311. MATERIAL SAFETY DATA SHEETS.

. r,

(a) BASIC REQUIREMENT.— (1) SUBMISSION OF MSDS OR UST.—The owner or operator of

any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations 29 USC 651 note. promulgated under that Act (15 U.S.C. 651 et seq.) shall submit a material safety data sheet for each such chemical, or a list of such chemicals as described in paragraph (2), to each of the following: (A) The appropriate local emergency planning committee. (B) The State emergency response commission. (C) The fire department with jurisdiction over the facility. (2) CONTENTS OF UST.—(A) The list of chemicals referred to in paragraph (1) shall include each of the following: Regulations. (i) A list of the hazardous chemicals for which a material hf^B s; > safety data sheet is required under the Occupational Safety and Health Act of 1970 and regulations promulgated under svc^rir.' that Act, grouped in categories of health and physical
 * j r,. hazards as set forth under such Act and regulations

promulgated under such Act, or in such other categories as the Administrator may prescribe under subparagraph (B). (ii) The chemical name or the common name of each such r <si:. chemical as provided on the material safety data sheet.

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(iii) Any hazardous component of each such chemical as provided on the material safety data sheet. (B) For purposes of the list under this paragraph, the Reports. Administrator may modify the categories of health and physical hazards as set forth under the Occupational Safety and Health \ Act of 1970 and regulations promulgated under that Act by 29 USC 651 note. requiring information to be reported in terms of groups of s hazardous chemicals which present similar hazards in an f emergency. (3) TREATMENT OF MIXTURES.—An owner or operator may meet the requirements of this section with respect to a hazard0 ous chemical which is a mixture by doing one of the following: (A) Submitting a material safety data sheet for, or identifying on a list, each element or compound in the mixture f l v'i which is a hazardous chemical. If more than one mixture '' « has the same element or compound, only one material ir. safety data sheet, or one listing, of the element or ^' compound is necessary. t (B) Submitting a material safety data sheet for, or identi;< OB?j '^j fying on a list, the mixture itself. (b) THRESHOLDS.—The Administrator may establish threshold quantities for hazardous chemicals below which no facility shall be subject to the provisions of this section. The threshold quantities may, in the Administrator's discretion, be based on classes of chemicals or categories of facilities. (c) AVAILABILITY OF M S D S ON REQUEST.— (1) To LOCAL EMERGENCY PLANNING COMMITTEE.—If

i r i

an owner or operator of a facility submits a list of chemicals under subsection (a)(D, the owner or operator, upon request by the local emergency plemning committee, shall submit the material safety data sheet for any chemical on the list to such committee. (2) To PUBLIC.—A local emergency planning committee, upon request by any person, shall make available a material safety data sheet to the person in accordance with section 324. If the local emergency planning committee does not have the requested material safety data sheet, the committee shall request the sheet from the facility owner or operator and then make the sheet available to the person in accordance with section 324.

(d) INITIAL SUBMISSION AND UPDATING.—(1) The initial material

safety data sheet or list required under this section with respect to a hazardous chemical shall be provided before the later of— (A) 12 months after the date of the enactment of this title, or (B) 3 months after the owner or operator of a facility is k required to prepare or have available a material safety data V sheet for the chemical under the Occupational Safety and , J Hesdth Act of 1970 and regulations promulgated under that Act. (2) Within 3 months following discovery by an owner or operator of significant new information concerning an aspect of a hazardous chemical for which a material safety data sheet was previously submitted to the local emergency planning committee under subsection (a), a revised sheet shall be provided to such person. (e) HAZARDOUS CHEMICAL DEFINED.—For purposes of this section, the term "hazardous chemical" has the meaning given such term by section 1910.1200(c) of title 29 of the Code of Federal Regulations, except that such term does not include the following: (1) Any food, food additive, color additive, drug, or cosmetic •f- regulated by the Food and Drug Administration.

29 USC 651 note.

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42 USC 11022.

(2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use. (3) Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. (4) Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual. (5) Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

SEC. 312. EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORMS. (a) BASIC REQUIREMENT.—(1) The owner or operator of any facility

29 USC 651 note.

--•ir.v,,

which is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act shall prepare and submit an emergency and hazardous chemical inventory form (hereafter in this title referred to as an "inventory form") to each of the following: (A) The appropriate local emergency planning committee. (B) The State emergency response commission. (C) The fire department with jurisdiction over the facility. (2) The inventory form containing tier I information (as described in subsection (d)(l)) shall be submitted on or before March 1, 1988, and annually thereafter on March 1, and shall contain data with respect to the preceding calendar year. The preceding sentence does not apply if an owner or operator provides, by the same deadline and with respect to the same calendar year, tier II information (as described in subsection (d)(2)) to the recipients described in paragraph (1). (3) An owner or operator may meet the requirements of this section with respect to a hazardous chemical which is a mixture by doing one of the following: (A) Providing information on the inventory form on each element or compound in the mixture which is a hazardous chemical. If more than one mixture has the same element or compound, only one listing on the inventory form for the element or compound at the facility is necessary. (B) Providing information on the inventory form on the mixture itself. (b) THRESHOLDS.—The Administrator may establish threshold quantities for hazardous chemicals covered by this section below which no facility shall be subject to the provisions of this section. The threshold quantities may, in the Administrator's discretion, be based on classes of chemicals or categories of facilities. (c) HAZARDOUS CHEMICALS COVERED.—A hazardous chemical subject to the requirements of this section is any hazardous chemical for which a material safety data sheet or a listing is required under section 311. (d) CONTENTS OF FORM.— (1) TIER I INFORMATION.— (A) AGGREGATE INFORMATION BY CATEGORY.—An

-W,

inventory form shall provide the information described in subparagraph (B) in aggregate terms for hazardous chemi-

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 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1739

cals in categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act. (B) REQUIRED INFORMATION.—The information referred to in subparagraph (A) is the following: (i) An estimate (in ranges) of the maximum amount of hazardous chemicals in each category present at the facility at any time during the preceding calendar year. (ii) An estimate (in ranges) of the average daily amount of hazardous chemicals in each category present at the facility during the preceding calendar year. (iii) The general location of hazardous chemicals in each category. (C) MODIFICATIONS.—For purposes of reporting information under this paragraph, the Administrator may— (i) modify the categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act by requiring information to be reported in terms of groups of hazardous chemicals which present similar hazards in an emergency, or (ii) require reporting on individual hazardous chemicals of special concern to emergency response personnel. (2) TIER II INFORMATION.—An inventory form shall provide the following additional information for each hazardous chemical present at the facility, but only upon request and in accordance with subsection (e): (A) The chemical name or the common name of the chemical as provided on the material safety data sheet. (B) An estimate (in ranges) of the maximum amount of the hazardous chemical present at the facility at any time during the preceding calendar year. (C) An estimate (in ranges) of the average daily amount of the hazardous chemical present at the facility during the preceding calendar year. (D) A brief description of the manner of storage of the hazardous chemical. (E) The location at the facility of the hazardous chemical. (F) An indication of whether the owner elects to withhold location information of a specific hazardous chemical from disclosure to the public under section 324. (e) AVAILABILITY OF TIER II INFORMATION.— (1) AVAILABILITY TO STATE COMMISSIONS, LOCAL COMMITTEES,

AND FIRE DEPARTMENTS.—Upon request by a State emergency planning commission, a local emergency planning committee, or a fire department with jurisdiction over the facility, the owner or operator of a facility shall provide tier II information, as described in subsection (d), to the person making the request. Any such request shall be with respect to a specific facility. (2) AVAILABILITY TO OTHER STATE AND LOCAL OFFICIALS.—A

State or local official acting in his or her official capacity may have access to tier II information by submitting a request to the State emergency response commission or the local emergency planning committee. Upon receipt of a request for tier II information, the State commission or local committee shall,

29 USC 651 note.

Regulations,

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Page:United States Statutes at Large Volume 100 Part 2.djvu/638

 100 STAT. 1740

PUBLIC LAW 99-499—OCT. 17, 1986 pursuant to paragraph (1), request the facility owner or operator for the tier II information and make available such information to the official.

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(3) AVAILABILITY TO PUBLIC.—

(A) IN GENERAL.—Any person may request a State emergency response commission or local emergency planning committee for tier II information relating to the preceding calendar year with respect to a facility. Any such request shall be in writing and shall be with respect to a specific facility. (B) AUTOMATIC PROVISION OF INFORMATION TO PUBLIC.—

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Any tier II information which a State emergency response f«, iiii, commission or local emergency planning committee has in its possession shall be made available to a person making a •nmic-t; request under this paragraph in accordance with section 324. If the State emergency response commission or local ?;' emergency planning committee does not have the tier II information in its possession, upon a request for tier II information the State emergency response commission or ^ ' local emergency planning committee shall, pursuant to Jii it, paragraph (1), request the facility owner or operator for tier , ^^^ ^ II information with respect to a hazardous chemical which ': '; ' a facility has stored in an amount in excess of 10,000 -'f'^"; pounds present at the facility at any time during the preceding calendar year and make such information avail"' able in accordance with section 324 to the person making the request. (C)

,. J

DISCRETIONARY

PROVISION

OF

INFORMATION

TO

PUBLIC.—In the case of tier II information which is not in the possession of a State emergency response commission or local emergency planning committee and which is with respect to a hazardous chemical which a facility has stored in an amount less than 10,000 pounds present at the facility at any time during the preceding calendar year, a request from a person must include the general need for the information. The State emergency response commission or s i t te local emergency planning committee may, pursuant to paragraph (1), request the facility owner or operator for the » V tier II information on behalf of the person making the request. Upon receipt of any information requested on behalf of such person, the State emergency response commission or local emergency planning committee shall make the information available in accordance with section 324 to the person. (D) RESPONSE IN 45 DAYS.—A State emergency response commission or local emergency planning committee shall , respond to a request for tier II information under this QB paragraph no later than 45 days after the date of receipt of the request. (f) FIRE DEPARTMENT ACCESS.—Upon request to an owner or operator of a facility which files an inventory form under this section by the fire department with jurisdiction over the facility, the owner or operator of the facility shall allow the fire department to conduct an on-site inspection of the facility and shall provide to the fire department specific location information on hazardous chemicals at the facility.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/639

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1741

(g) FORMAT OF FORMS.—The Administrator shall publish a uniform format for inventory forms within three months after the date of the enactment of this title. If the Administrator does not publish such forms, owners and operators of facilities subject to the requirements of this section shall provide the information required under this section by letter. SEC. 313. TOXIC CHEMICAL RELEASE FORMS.

42 USC 11023.

(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) for each toxic chemical listed under subsection (c) that was manufactured, processed, or otherwise used in quantities exceeding the toxic chemical threshold quantity established by subsection (f) 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 5 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) in excess of the quantity of that toxic chemical established under subsection (f) during the calendar year for which a release form is required under this section. 1 (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 I Code to which this section applies is relevant to the purposes of fi this section. (C) For purposes of this section— it V (i) The term "manufacture" means to produce, prepare, import, or compound a toxic chemical. r, (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.—

'J I '

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) 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

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Page:United States Statutes at Large Volume 100 Part 2.djvu/640

 100 STAT. 1742

PUBLIC LAW 99-499—OCT. 17, 1986

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-ToKnow Act of 1986" (including any revised version of the list as may be made pursuant to subsection (d) or (e)). (d) REVISIONS BY ADMINISTRATOR.—

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Science and technology. Research and development.

(1) IN GENERAL.—The Administrator may by rule add or delete a chemical from the list described in subsection (c) 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 r 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, 1.... 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) 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 calendar year shall take effect beginning with the calendar year following such next calendar year.

(e) PETITIONS.—

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Page:United States Statutes at Large Volume 100 Part 2.djvu/641

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1743

(1) IN GENERAL.—Any person may petition the Administrator to add or delete a chemical from the list described in subsection (c) on the basis of the criteria in subparagraph (A) or (B) of subsection (d)(2). 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). (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) on the basis of the criteria in subparagraph (A), (B), or (C) of subsection (d)(2). 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), or (B) publishes an explanation of why the Administrator believes the petition does not meet the requirements of subsection (d)(2) 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. H (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

Public

later than June 1, 1987, the information. 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—

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Page:United States Statutes at Large Volume 100 Part 2.djvu/642

 100 STAT. 1744

PUBLIC LAW 99-499—OCT. 17, 1986

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Public information.

(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 I;j ^,^ treatment efficiency typically achieved by such meth' *' " ' ods for that wastestream. (iv) The annual quantity of the toxic chemical enterj^ ing 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 frejf-j, quency 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, J 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 324(a), 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.—

":• J •*' "

(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—

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Page:United States Statutes at Large Volume 100 Part 2.djvu/643

 PUBLIC LAW 99-499—OCT. 17, 1986 ,; ^

100 STAT. 1745

(A) makes a finding that the modification is consistent with the provisions of subsection (h), 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, United States Code. I;; (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 pro-£: posed modification provided on the toxic chemical release fc forms has been used by the Administrator or other agencies ': of the Federal Government, States, local governments, health professionals, and the public. s*F (B) The extent to which the information is (i) readily • ^ available to potential users from other sources, such as f' State reporting programs, and (ii) provided to the Adminis^' trator under another Federal law or through a State IK r. at 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 ^l 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. . g (6) JUDICIAL REVIEW.—In any judicial review of a rulemaking I which establishes a modification under this subsection, a court may hold unlawful and set aside agency action, findings, and j; conclusions found to be unsupported by substantial evidence. % (7) APPLICABILITY.—A modification under this subsection may l' apply to a calendar year or other reporting period beginning no f earlier than January 1, 1993. , '^, (8) EFFECTIVE DATE.—Any modification made on or after Janu,' ary 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 estab- Communications lish and maintain in a computer data base a national toxic chemical and teleinventory based on data submitted to the Administrator under this communications. 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 offi-

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Page:United States Statutes at Large Volume 100 Part 2.djvu/644

 100 STAT. 1746

PUBLIC LAW 99-499—OCT. 17, 1986

cials 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 V 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. (1) MASS BALANCE STUDY,—

Reports.

State and local governments.

Public information. Classified information.

(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 the date of the enactment of this title. (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 title. (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 the date of enactment of this title 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, United States Code, such information or part shall be considered confidential in accord-

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Page:United States Statutes at Large Volume 100 Part 2.djvu/645

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1747

ance 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 prescrib- Regulations. ing procedures for collecting mass balance information under this paragraph. (D) For purposes of collecting mass balance information under State and local subparagraph (A), the Administrator may require the submis- governments. sion 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 chemiceds 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. Subtitle C—General Provisions SEC. 321. RELATIONSHIP TO OTHER LAW.

(a) IN GENERAL.—Nothing in this title shall— (1) preempt any State or local law, 3 (2) except as provided in subsection 0)), otherwise affect any State or local law or the authority of any State or local government to adopt or enforce any State or local law, or (3) affect or modify in any way the obligations or liabilities of any person under other Federal law. (b) EFFECT ON M S D S REQUIREMENTS.—Any State or local law enacted after August 1, 1985, which requires the submission of a material safety data sheet from facility owners or operators shall require that the data sheet be identical in content and format to the data sheet required under subsection (a) of section 311. In addition, a State or locality may require the submission of information which is supplemental to the information required on the data sheet (including information on the location and quantity of hsizardous chemicals present at the facility), through additional sheets attached to the data sheet or such other means as the State or locality considers appropriate. SEC. 322. TRADE SECRETS. (a) AUTHORITY TO WITHHOLD INFORMATION.— (1) GENERAL AUTHORITY.—(A) With regard to a hazardous

chemical, an extremely hazardous substance, or a toxic chemical, any person required under section 303(d)(2), 303(d)(3), 311, 312, or 313 to submit information to any other person may withhold from such submittal the specific chemical identity (including the chemical name and other specific identification), as defined in regulations prescribed by the Administrator under subsection (c), if the person complies with paragraph (2). (B) Any person withholding the specific chemical identity shall, in the place on the submittal where the chemical identity would normally be included, include the generic class or category of the hazardous chemical, extremely heizardous substance, or toxic chemical (as the case may be). (2) REQUIREMENTS.—(A) A person is entitled to withhold information under paragraph (1) if such person—

71-19A 0

22: QL. 3 Part2

State and local governments. 42 USC 11041.

Classified information. Claims. 42 USC 11042.

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