Title 42The Public Health and WelfareRelease 119-73

§11044 Public availability of plans, data sheets, forms, and followup notices

Title 42 › Chapter CHAPTER 116— - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › Subchapter SUBCHAPTER III— - GENERAL PROVISIONS › § 11044

Last updated Apr 6, 2026|Official source

Summary

Requires emergency response plans, material safety data sheets, the lists in section 11021(a)(2), inventory forms, toxic chemical release forms, and followup emergency notices to be open to the public during normal working hours at places chosen by the Administrator, Governor, the State emergency response commission, or the local emergency planning committee, but only as allowed by section 11042. If an owner or operator asks, the State commission and the local committee must hide the location of any specific chemical listed as tier II under section 11022(d)(2). Each local emergency planning committee must publish a yearly notice in local newspapers saying those documents were filed, that followup notices may be issued, and where people can go to look at them.

Full Legal Text

Title 42, §11044

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

(a)Each emergency response plan, material safety data sheet, list described in section 11021(a)(2) of this title, inventory form, toxic chemical release form, and followup emergency notice shall be made available to the general public, consistent with section 11042 of this title, during normal working hours at the location or locations designated by the Administrator, Governor, State emergency response commission, or local emergency planning committee, as appropriate. Upon request by an owner or operator of a facility subject to the requirements of section 11022 of this title, the State emergency response commission and the appropriate local emergency planning committee shall withhold from disclosure under this section the location of any specific chemical required by section 11022(d)(2) of this title to be contained in an inventory form as tier II information.
(b)Each local emergency planning committee shall annually publish a notice in local newspapers that the emergency response plan, material safety data sheets, and inventory forms have been submitted under this section. The notice shall state that followup emergency notices may subsequently be issued. Such notice shall announce that members of the public who wish to review any such plan, sheet, form, or followup notice may do so at the location designated under subsection (a).

Reference

Citations & Metadata

Citation

42 U.S.C. § 11044

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73