Title 42, The Public Health and WelfareRelease 119-110

§11044 Public Availability of Plans, Data Sheets, Forms, and Followup Notices

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

Last updated Sep 22, 2026|Official source

Summary

Emergency response plans, safety data sheets, the list in section 11021(a)(2), inventory and toxic release forms, and followup emergency notices must be open to the public under section 11042 during normal business hours at locations picked by the Administrator, the Governor, the State emergency response commission, or the local emergency planning committee. If a facility owner or operator asks, the State commission and the local committee must withhold 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 these materials were filed, that followup emergency notices may be issued, and where the public can go to review them.

Full Legal Text

Title 42, §11044

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

(a)Availability to public
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)Notice of public availability
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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110