42 U.S.C. § 11002 — Substances and Facilities Covered and Notification
Represent the statutory substance-list, planning-threshold, facility-designation, and notification provisions governing entry into the emergency-planning framework.
Other Information
Status: Independent draft prepared October 20, 2026. This rendition covers the main text of 42 U.S.C. § 11002, corresponding to EPCRA § 302. It is a requirements template, not an adopted governmental or facility performance plan, legal opinion, or compliance finding.
Source and currency: Official Office of the Law Revision Counsel section page, https://uscode.house.gov/us/usc/119-120/t42/s11002/ , accessed October 20, 2026. The page identifies currency through Public Law 119-120, October 7, 2026. Source excerpts preserve statutory wording with whitespace normalized.
Inferred statements: Vision, Mission, Values, goal groupings, concise noun Names, active-verb summaries, stakeholder role descriptions, measurement dimensions, and verb-based target descriptors were inferred with ChatGPT assistance. They are not official adopted statements and create no additional legal obligations.
Applicability: Subsection (a)(1) makes the published list relevant to substance coverage. Subsection (b)(1), except as provided in § 11004, addresses a listed substance present in excess of its threshold planning quantity. Subsection (b)(2) permits additional facility designations for emergency-planning purposes following public notice and opportunity for comment. This template does not establish that a particular substance or facility is covered.
Threshold distinctions: Threshold planning quantities are applicability conditions, not desired chemical-inventory levels. The historical two-pound fallback under subsection (a)(3)(C) applies only until regulations establish a threshold for the substance. It is not presumed to be the currently applicable quantity. Planning thresholds must not be confused with inventory-reporting thresholds or release-notification quantities under other provisions.
Historical and continuing duties: Initial list and threshold actions are tied to October 17, 1986. Initial facility notification has a seven-month historical deadline. The subsequent acquisition-or-list-revision notification duty has a conditional 60-day limit and requires notice to both the state commission and local committee. No historical clock is reset or historical nonperformance presumed.
Measurement: Target descriptors express intended states, not actual results. The 60-day numerical target is a maximum following the qualifying acquisition or revision, not a desired delay or universal deadline for every notification. No actual results, baselines, chemical quantities, unsupported calendar dates, or noncompliance findings are supplied. The ... qualitative unit is a display convention.
Relationships: Section 11001 provides the organizational framework; §§ 11003 and 11004 address planning and emergency notification. Current lists, substance-specific thresholds, definitions, and applicable regulations must be checked before operational use. This document does not reproduce a current chemical list or comprehensively convert implementing regulations.
Potential support, inferred: StratML could connect substance and facility coverage determinations with responsible organizations, notification evidence, and the resulting planning responsibilities. AI-assisted discovery could flag potentially affected requirements when lists or thresholds change, subject to substantive review.
🏢United States of America The jurisdiction whose emergency-planning coverage and notification provisions are represented in this independent template.
Stakeholders:
👥 | Source & SubmitterSource:https://uscode.house.gov/us/usc/119-120/t42/s11002/ Period: to Published: |
Vision
Emergency-planning responsibilities grounded in clear substance coverage, facility identification, and timely notification.
Mission
To connect statutory emergency-planning coverage and notification requirements with responsible parties, assessable targets, and evidence of fulfillment.
Values
Goal 1: Substances and Thresholds 🔗
Publish and maintain the statutory substance list and threshold planning quantities under the applicable requirements and discretionary powers.
Stakeholders:
🏢Environmental Protection Agency Lists and Thresholds : Act through the Administrator to carry out the publication and rulemaking provisions and exercise permitted revisions. (Performer)
Other Information
Source: § 11002(a). Subsection (a)(1): A substance is subject to the requirements of this subchapter if the substance is on the list published under paragraph (2). Administrator means the EPA Administrator under § 11049(1). This goal does not presume that every possible revision is required or that historical publication duties remain unfulfilled.
Objective 1.1: Substance List 🔗
Publish the required list of extremely hazardous substances within the historical 30-day period following October 17, 1986.
Other Information
Source: § 11002(a)(2). Source text: Within 30 days after October 17, 1986, the Administrator shall publish a list of extremely hazardous substances. The list shall be the same as the list of substances published in November 1985 by the Administrator in Appendix A of the Chemical Emergency Preparedness Program Interim Guidance. This is the initial publication requirement. No new publication date or present failure is inferred.
Performance Indicators
1.1.1: Substance List
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Published | Publish the historically specified substance list within 30 days after October 17, 1986. |
Objective 1.2: Threshold Regulations 🔗
Publish interim final regulations establishing threshold planning quantities and initiate rulemaking for final threshold regulations at the time the initial list is published.
Other Information
Source: § 11002(a)(3). Source text: At the time the list referred to in paragraph (2) is published the Administrator shall publish an interim final regulation establishing a threshold planning quantity for each substance on the list, taking into account the criteria described in paragraph (4), and initiate a rulemaking in order to publish final regulations establishing a threshold planning quantity for each substance on the list. The threshold planning quantities may, at the Administrator's discretion, be based on classes of chemicals or categories of facilities. If the Administrator fails to publish an interim final regulation establishing a threshold planning quantity for a substance within 30 days after October 17, 1986, the threshold planning quantity for the substance shall be 2 pounds until such time as the Administrator publishes regulations establishing a threshold for the substance. The fallback is a conditional legal applicability rule, not an agency performance target or a presumed current threshold. Current substance-specific regulations require separate verification.
Performance Indicators
1.2.1: Threshold Regulations
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Published and Initiated | Publish the required interim threshold regulations, accounting for the statutory criteria, and initiate the required final-regulation rulemaking at initial list publication. |
Objective 1.3: List and Threshold Revisions 🔗
Revise the list or thresholds when exercising the Administrator's discretionary authority, and account for the statutory substance characteristics when revising the list.
Other Information
Source: § 11002(a)(4). Source text: The Administrator may revise the list and thresholds under paragraphs (2) and (3) from time to time. Any revisions to the list shall take into account the toxicity, reactivity, volatility, dispersability, combustability, or flammability of a substance. For purposes of the preceding sentence, the term toxicity shall include any short- or long-term health effect which may result from a short-term exposure to the substance. Revision is permitted rather than universally required. The criteria explicitly govern revisions to the list; the summary does not silently impose identical wording on every threshold revision.
Performance Indicators
1.3.1: List and Threshold Revisions
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Revised if Exercised | Revise the list or thresholds when the Administrator exercises that authority, applying the statutory criteria to list revisions. |
Goal 2: Facility Designations 🔗
Designate additional facilities for emergency planning through the permitted public process and notify the affected facilities.
Stakeholders:
👥Governors and state emergency response commissions Additional Facility Designations : Exercise the alternative designation authority and carry out its public-process and facility-notification conditions. (Performer)
Other Information
Source: § 11002(b). Source text: Except as provided in section 11004 of this title, a facility is subject to the requirements of this subchapter if a substance on the list referred to in subsection (a) is present at the facility in an amount in excess of the threshold planning quantity established for such substance. For purposes of emergency planning, a Governor or a State emergency response commission may designate additional facilities which shall be subject to the requirements of this subchapter, if such designation is made after public notice and opportunity for comment. The Governor or State emergency response commission shall notify the facility concerned of any facility designation under this paragraph. The statutory Governor-or-commission alternatives do not require both actors to make every designation. Automatic threshold-based coverage and additional designations are distinct pathways.
Objective 2.1: Designation Process 🔗
Designate additional facilities for emergency-planning purposes, if exercising this authority, only after public notice and opportunity for comment.
Other Information
Source: § 11002(b)(2). Public notice and opportunity for comment are conditions of exercising the additional-designation power. No unsupported comment period, hearing format, or deadline is supplied.
Performance Indicators
2.1.1: Additional Designations
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Designated after Notice and Comment if Exercised | Designate additional covered facilities only after the required public notice and opportunity for comment when the Governor or commission exercises this authority. |
Objective 2.2: Facility Notices 🔗
Notify each facility of its designation under subsection (b)(2).
Other Information
Source: § 11002(b)(2). The duty follows an additional designation. This paragraph supplies no numerical facility-notice deadline; the separate 60-day facility-owner duty under subsection (c) must not be substituted here.
Performance Indicators
2.2.1: Facility Notices
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Notified upon Designation | Notify the facility concerned of any additional designation made under subsection (b)(2). |
Goal 3: Planning Notifications 🔗
Notify the responsible emergency-planning bodies and EPA of covered facilities under the applicable historical or continuing provisions.
Other Information
Sources: § 11002(c)–(d). Historical initial notification, later event-triggered facility notification, and state reporting to EPA have different actors, recipients, and timing conditions.
Objective 3.1: Initial Notifications 🔗
Notify the state emergency response commission of threshold-based facility coverage within the historical seven-month period following October 17, 1986.
Stakeholders:
👥Owners and operators of covered facilities Initial Coverage Notification (Performer)
Other Information
Source: § 11002(c), first sentence. Source text: Not later than seven months after October 17, 1986, the owner or operator of each facility subject to the requirements of this subchapter by reason of subsection (b)(1) shall notify the State emergency response commission for the State in which such facility is located that such facility is subject to the requirements of this subchapter. This initial historical duty is not rewritten as a fresh seven-month period for every facility.
Performance Indicators
3.1.1: Initial Notifications
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Notified | Notify the appropriate state commission of subsection (b)(1) coverage within the historical statutory period. |
Objective 3.2: Coverage Notifications 🔗
Notify the state emergency response commission and local emergency planning committee within 60 days after a qualifying substance acquisition or list revision makes the facility subject to the planning requirements.
Stakeholders:
👥Owners and operators of covered facilities Coverage Notification (Performer)
Other Information
Source: § 11002(c), second sentence. Source text: Thereafter, if a substance on the list of extremely hazardous substances referred to in subsection (a) first becomes present at such facility in excess of the threshold planning quantity established for such substance, or if there is a revision of such list and the facility has present a substance on the revised list in excess of the threshold planning quantity established for such substance, the owner or operator of the facility shall notify the State emergency response commission and the local emergency planning committee within 60 days after such acquisition or revision that such facility is subject to the requirements of this subchapter. Both recipients and the statutory acquisition-or-list-revision triggers are preserved. The source uses in excess of the threshold planning quantity. This summary does not independently establish additional triggers from threshold-only amendments or treat every acquisition as reportable.
Performance Indicators
3.2.1: Notification Delay
| Type | Start Date | End Date | Days after qualifying acquisition or revision | Status | Description |
|---|---|---|---|---|---|
| Target | 60 | Notified | Notify both the state commission and local committee no later than 60 days after the qualifying acquisition or list revision described in subsection (c). |
Other Information
The target is a maximum, not an exact-duration or minimum target. Earlier notification may satisfy the timing condition. Evidence must establish the trigger date, applicability, required content, and delivery to both recipients. No actual delay is supplied.
Objective 3.3: EPA Notifications 🔗
Notify the EPA Administrator of each facility notification received under subsection (c) and each additional facility designated under subsection (b)(2).
Stakeholders:
👥State emergency response commissions EPA Notification (Performer)
Other Information
Source: § 11002(d). Source text: The State emergency response commission shall notify the Administrator of facilities subject to the requirements of this subchapter by notifying the Administrator of each notification received from a facility under subsection (c), and each facility designated by the Governor or State emergency response commission under subsection (b)(2). This paragraph supplies no numerical state-to-EPA deadline. The facility-owner 60-day limit is not silently imposed on the commission.
Performance Indicators
3.3.1: EPA Notifications
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Notified | Notify the Administrator of both categories of covered-facility information required by subsection (d). |