Title 42The Public Health and WelfareRelease 119-73

§11001 Establishment of State commissions, planning districts, and local committees

Title 42 › Chapter CHAPTER 116— - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › Subchapter SUBCHAPTER I— - EMERGENCY PLANNING AND NOTIFICATION › § 11001

Last updated Apr 6, 2026|Official source

Summary

Governors must create a state emergency response commission within six months after October 17, 1986. A governor can name one or more existing state emergency groups to serve. The governor should, when possible, pick members who know about emergency response. The commission must set up local emergency planning committees, run and coordinate them, and create a way for the public to request information (including tier II information) and name an information coordinator. If a governor does not name a commission in time, the governor will act as the commission until one is named. Within nine months after October 17, 1986, the commission must map out emergency planning districts, using existing political units if that makes sense and working with other states for multi‑state areas. Within 30 days after a district is set or by 10 months after October 17, 1986 (whichever is earlier), the commission must appoint a local planning committee for each district. Each local committee must include representatives such as elected officials, emergency responders and health staff, local environmental and transportation people, media, community groups, and owners or operators of covered facilities. The committee must choose a chair, write rules for its work (including public notice, meetings, public comments and responses, and sharing the plan), create procedures for public information requests (including tier II information), and name an information coordinator. The state commission can change districts or committee appointments later, and people can petition the commission to change a local committee’s membership.

Full Legal Text

Title 42, §11001

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Not later than six months after October 17, 1986, the Governor of each State shall appoint a State emergency response commission. The Governor may designate as the State emergency response commission one or more existing emergency response organizations that are State-sponsored or appointed. The Governor shall, to the extent practicable, appoint persons to the State emergency response commission who have technical expertise in the emergency response field. The State emergency response commission shall appoint local emergency planning committees under subsection (c) and shall supervise and coordinate the activities of such committees. The State emergency response commission shall establish procedures for receiving and processing requests from the public for information under section 11044 of this title, including tier II information under section 11022 of this title. Such procedures shall include the designation of an official to serve as coordinator for information. If the Governor of any State does not designate a State emergency response commission within such period, the Governor shall operate as the State emergency response commission until the Governor makes such designation.
(b)Not later than nine months after October 17, 1986, the State emergency response commission shall designate emergency planning districts in order to facilitate preparation and implementation of emergency plans. Where appropriate, the State emergency response commission may designate existing political subdivisions or multijurisdictional planning organizations as such districts. In emergency planning areas that involve more than one State, the State emergency response commissions of all potentially affected States may designate emergency planning districts and local emergency planning committees by agreement. In making such designation, the State emergency response commission shall indicate which facilities subject to the requirements of this subchapter are within such emergency planning district.
(c)Not later than 30 days after designation of emergency planning districts or 10 months after October 17, 1986, whichever is earlier, the State emergency response commission shall appoint members of a local emergency planning committee for each emergency planning district. Each committee shall include, at a minimum, representatives from each of the following groups or organizations: elected State and local officials; law enforcement, civil defense, firefighting, first aid, health, local environmental, hospital, and transportation personnel; broadcast and print media; community groups; and owners and operators of facilities subject to the requirements of this subchapter. Such committee shall appoint a chairperson and shall establish rules by which the committee shall function. Such rules shall include provisions for public notification of committee activities, public meetings to discuss the emergency plan, public comments, response to such comments by the committee, and distribution of the emergency plan. The local emergency planning committee shall establish procedures for receiving and processing requests from the public for information under section 11044 of this title, including tier II information under section 11022 of this title. Such procedures shall include the designation of an official to serve as coordinator for information.
(d)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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Chapter effective Oct. 17, 1986, see section 4 of Pub. L. 99–499, set out as an

Effective Date

of 1986 Amendment note under section 9601 of this title.

Short Title

Pub. L. 99–499, title III, § 300(a), Oct. 17, 1986, 100 Stat. 1728, provided that: “This title [enacting this chapter] may be cited as the ‘Emergency Planning and Community Right-To-Know Act of 1986’.”

Executive Documents

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

Reference

Citations & Metadata

Citation

42 U.S.C. § 11001

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73