42 U.S.C. § 11044

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

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(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).

(Pub. L. 99–499, title III, § 324, Oct. 17, 1986, 100 Stat. 1752.)
Notes of Decisions
Cited in 2 cases, 2014–2017 · leading case: Dep't of Labor & Indus. v. Heltzel, 90 A.3d 823 (Pa. Commw. Ct. 2014).
Dep't of Labor & Indus. v. Heltzel, 90 A.3d 823 (Pa. Commw. Ct. 2014). · cites it 8× “42 U.S.C. § 11044 (a) (emphasis added). EPCRA also provides, in a section addressing the Inventory Forms, and the availability of Tier II information: (3) Availability to the public.”
Waterkeeper All. v. Env't Prot. Agency, 853 F.3d 527 (D.C. Cir. 2017). · cites it 2× “See 42 U.S.C. § 11044 (a); see also Ctr. for Biological Diversity, Inc.”
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