42 U.S.C. § 11001

Establishment of State commissions, planning districts, and local committees

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(a) Establishment of State emergency response commissions

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) Establishment of emergency planning districts

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.

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) 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.

(Pub. L. 99–499, title III, § 301, Oct. 17, 1986, 100 Stat. 1729.)Statutory Notes and Related SubsidiariesEffective 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 DocumentsExecutive 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.

Notes of Decisions

Cited in 45 cases (6 in the last 5 years), 1991–2025 · leading case: Steel Co. v. Citizens for a Better Env't, 523 U.S. 83 (1998).

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Steel Co. v. Citizens for a Better Env't, 523 U.S. 83 (1998). · cites it 4× “This case presents two questions: (1) whether the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA), 42 U. S. C. § 11001 et seq., confers federal jurisdiction over citizen suits for wholly past violations; and (2) if so, whether respondent has standing under…”

Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996). · cites it 4× “§ 2254 (e) (federal court authorized to issue an "order directed to an appropriate State official"); 42 U. S. C. § 11001 (1988 ed.) (requiring "the Governor" of a State to perform certain actions and holding "the Governor" responsible for nonperformance); 33 U.”

Printz v. United States, 521 U.S. 898 (1997). · cites it 2× “80 -81, creating state emergency response commissions designed to manage the release of hazardous substances, 42 U. S. C. §§ 11001 , 11003, collecting and reporting data on underground storage tanks that may pose an environmental hazard, § 6991a, and reporting traffic…”

Dep't of Labor & Indus. v. Heltzel, 90 A.3d 823 (Pa. Commw. Ct. 2014). · cites it 2× “42 U.S.C. § 11001 . The Hazardous Material Emergency Planning and Response Act (Hazmat Act) 2 designates the Pennsylvania Emergency Management Council (Council) as the state emergency response commission.”

Ass'n of Irritated Residents v. Env't Prot. Agency, 494 F.3d 1027 (D.C. Cir. 2007). · cites it 2× “("CERCLA"), and the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. § 11001 et seq. ("EPCRA") (collectively, the "Acts").”

Ctr. for Biological Diversity, Inc. v. BP Am. Prod. Co., 704 F.3d 413 (5th Cir. 2013). “See 42 U.S.C. §§ 11001 (a), 11044(a). The obvious advantage of this requirement is to have vital health information available in one easily accessible place.”

Troy Corp. v. Carol M. Browner, Adm'r, United States Env't Prot. Agency & Env't Prot. Agency, 120 F.3d 277 (D.C. Cir. 1997). “avor of the Administrator of the United States Environmental Protection Agency (“EPA” or “the Administrator”) in actions appellants brought seeking to invalidate the Administrator’s rulemaking which had culminated in the addition of 286 chemicals to the Toxic Release Inventory…”

Redelmann v. Claire Sprayway, Inc., 874 N.E.2d 230 (Ill. App. Ct. 2007). “(2006)), the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. §11001 et seq. (2006)), the Illinois Chemical Safety Act (430 ILCS 45/1 et seq.”

Oxford Tire Supply, Inc. v. Comm'r of Revenue Servs., 755 A.2d 850 (Conn. 2000). “any substance listed in the Toxic Chemical Release Inventory (TRI) rule adopted under section 313 of the Emergency Planning and Community Right to Know Act ( 42 U.S.C. §§ 11001 through 11050). . . .” The notice also refers taxpayers to the department for assistance in…”

People v. Union Pac. R.R. Co., 2006 Cal. Daily Op. Serv. 7119 (Cal. Ct. App. 2006). “; 42 U.S.C. § 11001 et seq. [the Emergency Planning and Community Right-to-Know Act of 1986].”

Pizzato v. Alabama Educ. Television Comm'n, 151 So. 3d 283 (Ala. 2013). “Nonetheless, given the absence of a claim for reinstatement, the plaintiffs are in no better position vis-a-vis the requirement of redressability than was the plaintiff in Steel, about whose claim the Supreme Court noted as follows: “The complaint asks for (1) a declaratory…”

Nat'l Oilseed Processors Ass'n v. Browner, 924 F. Supp. 1193 (D.D.C. 1996). “42 U.S.C. § 11001 . Section 313 2 of EPCRA mandates that facilities manufacturing, processing or using certain toxic chemicals report annually on the presence of those chemicals at the facility, the uses of the chemicals, an estimate of the maximum amounts of the chemicals…”

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