42 U.S.C. § 11022 — Emergency and Hazardous Chemical Inventories
Represent the reporting, information-access, inspection-access, and administrative provisions of 42 U.S.C. § 11022 as a StratML Part 2 requirements template for EPA, covered facility owners and operators, state commissions, local committees, and other affected parties.
Other Information
Status and scope: Independent draft prepared October 15, 2026. This rendition covers the main text of 42 U.S.C. § 11022 (EPCRA § 312), including discretionary powers and conditional provisions. It is not an adopted agency or facility plan, a legal opinion, or a determination of compliance. No reporting year, particular facility, or state implementation is selected.Source and currency: Official Office of the Law Revision Counsel section page, https://uscode.house.gov/us/usc/119-120/t42/s11022/, retrieved October 15, 2026. The page states that the text is current through Public Law 119-120 (October 7, 2026). Exact statutory excerpts are retained in objective OtherInformation with whitespace normalized; citations identify the subsection or paragraph. Source editorial notes identify the 2018 addition of access for affected community water systems. Historical amendment text is not treated as an additional current duty.Inferred statements: Vision, Mission, Values, goal groupings, concise noun Names, active-verb summaries, measurement dimensions, value-chain stages, and verb-based target descriptors were inferred with ChatGPT assistance. They are not official adopted statements. Fidelity describes the rendition process; the other values synthesize the source’s reporting, access, and coordination themes. These interpretations create no additional legal obligations.Statute versus regulations: Objectives and target conditions in this draft are derived from § 11022. References to 40 CFR Part 370 and EPA guidance are supplementary context. In particular, the facility-response limit of 30 days in 40 CFR § 370.45(b) is regulatory, while the public-request response limit of 45 days in § 11022(e)(3)(D) is statutory. The 30-day limit is not inserted as though it appeared in § 11022. Applicable regulations, OSHA definitions, state requirements, and implementing procedures must be reviewed before operational use. Regulatory reference: https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-370Applicability: The template does not establish that a specific facility or chemical is covered. Section 11022(a)(1) ties facility reporting to the OSHA material safety data sheet requirement; subsection (c) ties covered chemicals to § 11021. Thresholds, exemptions, chemical quantities, mixtures, and reporting periods require case-specific assessment. The statutory term material safety data sheet is preserved; current EPA guidance uses safety data sheet (SDS).Statutory definitions and exclusions: Section 11049 defines Administrator as the EPA Administrator and defines facility, hazardous chemical, material safety data sheet, person, and State. Definitions reference: https://uscode.house.gov/us/usc/119-120/t42/s11049/ . The hazardous-chemical definition incorporates § 11021(e), including exclusions for specified FDA-regulated items, certain manufactured solids, household-type uses or products, supervised laboratory or medical uses, and specified agricultural operations or retail fertilizer. Exact § 11021(e) text: “Hazardous chemical” definedFor purposes of this section, the term “hazardous chemical” has the meaning given such term by section 1910.1200(c) of title 29 of the Code of Federal Regulations, except that such term does not include the following:(1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.(2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.(3) Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.(4) Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.(5) Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.. Other § 11021 reporting duties are outside this rendition’s scope.Rights, permissions, and duties: The word may is preserved as discretion or permission. Optional methods, EPA powers, and request rights are not converted into unconditional duties. A conditional target is assessed only after its triggering facts and applicability have been established; nonexercise of a discretionary power is not itself a failure.Measurement: Indicators assess stated deliverables, information content, access, and timing; they do not by themselves demonstrate emergency preparedness, environmental protection, or reduced harm. No facility quantities, report counts, baselines, actual results, or performance scores are invented. The ... qualitative unit is a display convention. Target DescriptorValues generally use the relevant action verb in completion form. No trend can be inferred without comparable dated actual results.Dates: Annual March 1 deadlines and preceding-calendar-year coverage are retained in target Descriptions. No dated reporting cycle is fabricated. The § 11022(g) three-month form-publication deadline following October 17, 1986 is historical, not a new deadline or finding that a duty is unfulfilled. PublicationDate is omitted while this draft is under review.Public disclosure: Section 11022 repeatedly incorporates § 11044. Public access is subject to applicable trade-secret protections under § 11042 and specific chemical-location withholding under § 11044(a). Confidentiality does not by itself authorize withholding required information from competent emergency authorities. The relevant § 11044(a) source text is retained with the public-access goal. Related notice duties in § 11044(b) are outside the selected section’s scope.Threshold boundary: Section 11022(e)(3)(B) uses in excess of 10,000 pounds and (C) uses less than 10,000 pounds when information is not already held. This rendition preserves those words and does not silently assign the exact-equality case to either branch. Regulatory interpretation and applicable law must be consulted. These request-access thresholds must not be confused with thresholds determining annual-report applicability.Responsibility and local application: The United States of America is the logical jurisdiction; EPA is not assigned facility filing duties or state/local request-response duties. Named offices and actor classes are used without assuming a particular state, county, facility, or official is responsible. Tribal implementation, state-specific forms and thresholds, and any South Carolina or Beaufort County application require a separate verified extension. EPA context: https://www.epa.gov/epcra/tier-ii-forms-and-instructionsPotential support (inferred): StratML could connect regulatory responsibilities with emergency plans, facility reporting evidence, public information services, and related agency performance objectives. AI-assisted discovery and asynchronous coordination could help match parties to shared objectives. These are proposed applications, not requirements to use StratML or AI.Validation and review: The XML is checked against the designated Part 2 v2.2.10 schema from the user’s Prompting Guide; its legacy root version attribute is retained in the supplied schema. XSD validation establishes structural validity, not legal fidelity, complete regulatory coverage, applicability, or evidence of compliance.
🏢United States of America The jurisdiction whose hazardous-chemical inventory reporting and access provisions are represented in this independent cross-organizational template.
Stakeholders:
🏢 👥 👥 👥 👥 👥 👥 👥 | Source & SubmitterSource:https://uscode.house.gov/us/usc/119-120/t42/s11022/ Period: to Published: |
Vision
Informed communities and coordinated emergency authorities with timely access to reliable hazardous-chemical information.
Mission
To connect hazardous-chemical reporting and information-access requirements with responsible parties, assessable targets, and evidence of fulfillment.
Values
Goal 1: Chemical Inventories 🔗
Prepare and submit applicable annual inventories with the required information and permitted treatment of mixtures.
Other Information
Sources: § 11022(a), (c), and (d)(1). Covered chemicals and facilities depend on OSHA requirements, § 11021, and applicable thresholds and exclusions. Chemical ranges are required data fields; no actual chemical amount or universally applicable quantity target is inferred.
Objective 1.1: Inventory Submission 🔗
Prepare and submit an emergency and hazardous chemical inventory form to the appropriate local emergency planning committee, state emergency response commission, and fire department with jurisdiction when the statutory facility and chemical reporting conditions are met.
Stakeholders:
👥Covered facility owners and operators : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(a)(1).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(a)(1). (Performer)
Other Information
Source: 42 U.S.C. § 11022(a)(1). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (1) The owner or operator of any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated under that Act shall prepare and submit an emergency and hazardous chemical inventory form (hereafter in this chapter referred to as an “inventory form”) to each of the following: (A) The appropriate local emergency planning committee. (B) The State emergency response commission. (C) The fire department with jurisdiction over the facility.Related context: Scope of hazardous chemicals under subsection (c): (c) Hazardous chemicals covered A hazardous chemical subject to the requirements of this section is any hazardous chemical for which a material safety data sheet or a listing is required under section 11021 of this title.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
1.1.1: Inventory Submission
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Submitted | Prepare and submit an emergency and hazardous chemical inventory form to the appropriate local emergency planning committee, state emergency response commission, and fire department with jurisdiction when the statutory facility and chemical reporting conditions are met. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(a)(1). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 1.2: Submission Timeliness 🔗
Submit the required preceding-calendar-year inventory information by March 1 annually, using Tier I information or providing Tier II information to all required recipients by the same deadline for the same calendar year.
Stakeholders:
👥Covered facility owners and operators : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(a)(2).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(a)(2). (Performer)
Other Information
Source: 42 U.S.C. § 11022(a)(2). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (2) The inventory form containing tier I information (as described in subsection (d)(1)) shall be submitted on or before March 1, 1988, and annually thereafter on March 1, and shall contain data with respect to the preceding calendar year. The preceding sentence does not apply if an owner or operator provides, by the same deadline and with respect to the same calendar year, tier II information (as described in subsection (d)(2)) to the recipients described in paragraph (1).Qualification: The initial March 1, 1988 date is historical. No specific reporting year is selected. EPA guidance states Tier II information is generally required by states; state procedures must be checked. Both timely delivery and correct period coverage are required.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
1.2.1: Submission Timeliness
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Submitted | Submit the required preceding-calendar-year inventory information by March 1 annually, using Tier I information or providing Tier II information to all required recipients by the same deadline for the same calendar year. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(a)(2). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 1.3: Mixture Information 🔗
Report a hazardous chemical mixture using either its hazardous elements or compounds, with one listing sufficient for the same element or compound in multiple mixtures, or information on the mixture itself.
Stakeholders:
👥Covered facility owners and operators : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(a)(3).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(a)(3). (Performer)
Other Information
Source: 42 U.S.C. § 11022(a)(3). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (3) An owner or operator may meet the requirements of this section with respect to a hazardous chemical which is a mixture by doing one of the following: (A) Providing information on the inventory form on each element or compound in the mixture which is a hazardous chemical. If more than one mixture has the same element or compound, only one listing on the inventory form for the element or compound at the facility is necessary. (B) Providing information on the inventory form on the mixture itself.Qualification: These are permitted alternative reporting methods; both alternatives need not be performed.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
1.3.1: Mixture Information
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Reported | Report a hazardous chemical mixture using either its hazardous elements or compounds, with one listing sufficient for the same element or compound in multiple mixtures, or information on the mixture itself. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(a)(3). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 1.4: Hazard Categories 🔗
Provide applicable Tier I inventory information in aggregate terms for hazardous chemicals in the statutory health and physical hazard categories.
Stakeholders:
👥Covered facility owners and operators : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(d)(1)(A).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(d)(1)(A). (Performer)
Other Information
Source: 42 U.S.C. § 11022(d)(1)(A). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (A) Aggregate information by category An inventory form shall provide the information described in subparagraph (B) in aggregate terms for hazardous chemicals in categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated under that Act.Qualification: Read with any applicable category modifications under subsection (d)(1)(C) and the Tier II alternative under subsection (a)(2).Related context: (B) Required information The information referred to in subparagraph (A) is the following: (i) An estimate (in ranges) of the maximum amount of hazardous chemicals in each category present at the facility at any time during the preceding calendar year. (ii) An estimate (in ranges) of the average daily amount of hazardous chemicals in each category present at the facility during the preceding calendar year. (iii) The general location of hazardous chemicals in each category.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
1.4.1: Hazard Categories
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Provided | Provide applicable Tier I inventory information in aggregate terms for hazardous chemicals in the statutory health and physical hazard categories. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(d)(1)(A). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 1.5: Maximum Amounts 🔗
Provide range estimates of the maximum amount of hazardous chemicals in each category present at any time during the preceding calendar year.
Stakeholders:
👥Covered facility owners and operators : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(d)(1)(B)(i).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(d)(1)(B)(i). (Performer)
Other Information
Source: 42 U.S.C. § 11022(d)(1)(B)(i). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (i) An estimate (in ranges) of the maximum amount of hazardous chemicals in each category present at the facility at any time during the preceding calendar year.Qualification: This is an information-content requirement, not a target for the amount of hazardous chemicals held. The Tier I context in subsection (d)(1)(A) and the Tier II alternative in subsection (a)(2) apply.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
1.5.1: Maximum Amounts
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Provided | Provide range estimates of the maximum amount of hazardous chemicals in each category present at any time during the preceding calendar year. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(d)(1)(B)(i). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 1.6: Average Amounts 🔗
Provide range estimates of the average daily amount of hazardous chemicals in each category present during the preceding calendar year.
Stakeholders:
👥Covered facility owners and operators : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(d)(1)(B)(ii).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(d)(1)(B)(ii). (Performer)
Other Information
Source: 42 U.S.C. § 11022(d)(1)(B)(ii). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (ii) An estimate (in ranges) of the average daily amount of hazardous chemicals in each category present at the facility during the preceding calendar year.Qualification: This is an information-content requirement. Apply the Tier I context and any applicable Tier II alternative.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
1.6.1: Average Amounts
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Provided | Provide range estimates of the average daily amount of hazardous chemicals in each category present during the preceding calendar year. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(d)(1)(B)(ii). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 1.7: General Locations 🔗
Provide the general location of hazardous chemicals in each category as required for the applicable Tier I inventory.
Stakeholders:
👥Covered facility owners and operators : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(d)(1)(B)(iii).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(d)(1)(B)(iii). (Performer)
Other Information
Source: 42 U.S.C. § 11022(d)(1)(B)(iii). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (iii) The general location of hazardous chemicals in each category.Qualification: Distinguish general category locations from the specific chemical-location information in Tier II reporting and fire-department access.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
1.7.1: General Locations
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Provided | Provide the general location of hazardous chemicals in each category as required for the applicable Tier I inventory. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(d)(1)(B)(iii). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Goal 2: Information Access 🔗
Provide or obtain Tier II information for authorized requests while observing statutory conditions, response deadlines, and disclosure protections.
Other Information
Sources: § 11022(d)(2) and (e). Full public-request conditions: (A) In general Any person may request a State emergency response commission or local emergency planning committee for tier II information relating to the preceding calendar year with respect to a facility. Any such request shall be in writing and shall be with respect to a specific facility.Public-disclosure safeguard context from § 11044(a): (a) Availability to publicEach 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. These safeguards are cross-reference context, not a claim of complete conversion of §§ 11042–11044. A response within 45 days is not automatically proof that all information-production duties have been fulfilled.
Objective 2.1: Chemical Information 🔗
Provide applicable Tier II information for each hazardous chemical: its chemical or common name from the material safety data sheet, range estimates of maximum and average daily amounts for the preceding calendar year, storage description, facility location, and an indication of any election to withhold specific chemical locations from public disclosure under § 11044.
Stakeholders:
👥Covered facility owners and operators : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(d)(2).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(d)(2). (Performer)
Other Information
Source: 42 U.S.C. § 11022(d)(2). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (2) Tier II information An inventory form shall provide the following additional information for each hazardous chemical present at the facility, but only upon request and in accordance with subsection (e): (A) The chemical name or the common name of the chemical as provided on the material safety data sheet. (B) An estimate (in ranges) of the maximum amount of the hazardous chemical present at the facility at any time during the preceding calendar year. (C) An estimate (in ranges) of the average daily amount of the hazardous chemical present at the facility during the preceding calendar year. (D) A brief description of the manner of storage of the hazardous chemical. (E) The location at the facility of the hazardous chemical. (F) An indication of whether the owner elects to withhold location information of a specific hazardous chemical from disclosure to the public under section 11044 of this title.Qualification: The source requires this additional information upon request in accordance with subsection (e); subsection (a)(2) also permits Tier II information as the annual submission alternative. No assumption is made that all recipients or the public have identical access rights.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
2.1.1: Chemical Information
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Provided | Provide applicable Tier II information for each hazardous chemical: its chemical or common name from the material safety data sheet, range estimates of maximum and average daily amounts for the preceding calendar year, storage description, facility location, and an indication of any election to withhold specific chemical locations from public disclosure under § 11044. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(d)(2). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 2.2: Authority Requests 🔗
Provide Tier II information to a requesting state emergency response commission, local emergency planning committee, or fire department with jurisdiction, for a request concerning a specific facility.
Stakeholders:
👥Covered facility owners and operators : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(1).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(1). (Performer)
Other Information
Source: 42 U.S.C. § 11022(e)(1). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (1) Availability to State commissions, local committees, and fire departments Upon request by a State emergency response commission, a local emergency planning committee, or a fire department with jurisdiction over the facility, the owner or operator of a facility shall provide tier II information, as described in subsection (d), to the person making the request. Any such request shall be with respect to a specific facility.Qualification: The statute supplies no 30-day number in this paragraph. Supplementary regulatory context: 40 CFR § 370.45(b) requires submission within 30 days of receipt of a request under the applicable regulatory provisions; that limit is not represented as statutory text.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
2.2.1: Authority Requests
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Provided | Provide Tier II information to a requesting state emergency response commission, local emergency planning committee, or fire department with jurisdiction, for a request concerning a specific facility. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(e)(1). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 2.3: Official Requests 🔗
Obtain requested Tier II information from the facility owner or operator and make it available to a state or local official who requests it in an official capacity through the state commission or local committee.
Stakeholders:
👥State emergency response commissions and local emergency planning committees : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(2).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(2). (Performer)
Other Information
Source: 42 U.S.C. § 11022(e)(2). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (2) Availability to other State and local officials A State or local official acting in his or her official capacity may have access to tier II information by submitting a request to the State emergency response commission or the local emergency planning committee. Upon receipt of a request for tier II information, the State commission or local committee shall, pursuant to paragraph (1), request the facility owner or operator for the tier II information and make available such information to the official.Qualification: Officials may request access. The commission or committee’s obligation is triggered by a qualifying request; requesting information is not a mandatory action for every official.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
2.3.1: Official Requests
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Provided | Obtain requested Tier II information from the facility owner or operator and make it available to a state or local official who requests it in an official capacity through the state commission or local committee. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(e)(2). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 2.4: Held Information 🔗
Make Tier II information already held by a state commission or local committee available to a person making a qualifying written, facility-specific public request, in accordance with § 11044.
Stakeholders:
👥State emergency response commissions and local emergency planning committees : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(3)(B).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(3)(B). (Performer)
Other Information
Source: 42 U.S.C. § 11022(e)(3)(B). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (B) Automatic provision of information to public Any tier II information which a State emergency response commission or local emergency planning committee has in its possession shall be made available to a person making a request under this paragraph in accordance with section 11044 of this title. If the State emergency response commission or local emergency planning committee does not have the tier II information in its possession, upon a request for tier II information the State emergency response commission or local emergency planning committee shall, pursuant to paragraph (1), request the facility owner or operator for tier II information with respect to a hazardous chemical which a facility has stored in an amount in excess of 10,000 pounds present at the facility at any time during the preceding calendar year and make such information available in accordance with section 11044 of this title to the person making the request.Qualification: This objective covers information already possessed, regardless of the separate thresholds used when information must first be obtained.Related context: (A) In general Any person may request a State emergency response commission or local emergency planning committee for tier II information relating to the preceding calendar year with respect to a facility. Any such request shall be in writing and shall be with respect to a specific facility.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
2.4.1: Held Information
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Provided | Make Tier II information already held by a state commission or local committee available to a person making a qualifying written, facility-specific public request, in accordance with § 11044. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(e)(3)(B). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 2.5: Information Acquisition 🔗
Request Tier II information from a facility owner or operator and make it available in accordance with § 11044 when a qualifying public request concerns a chemical stored in excess of 10,000 pounds at any time during the preceding calendar year and the information is not already held.
Stakeholders:
👥State emergency response commissions and local emergency planning committees : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(3)(B).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(3)(B). (Performer)
Other Information
Source: 42 U.S.C. § 11022(e)(3)(B). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (B) Automatic provision of information to public Any tier II information which a State emergency response commission or local emergency planning committee has in its possession shall be made available to a person making a request under this paragraph in accordance with section 11044 of this title. If the State emergency response commission or local emergency planning committee does not have the tier II information in its possession, upon a request for tier II information the State emergency response commission or local emergency planning committee shall, pursuant to paragraph (1), request the facility owner or operator for tier II information with respect to a hazardous chemical which a facility has stored in an amount in excess of 10,000 pounds present at the facility at any time during the preceding calendar year and make such information available in accordance with section 11044 of this title to the person making the request.Qualification: The statutory words in excess of 10,000 pounds are preserved. This is a public-request acquisition condition, not a general annual-report threshold.Related context: (A) In general Any person may request a State emergency response commission or local emergency planning committee for tier II information relating to the preceding calendar year with respect to a facility. Any such request shall be in writing and shall be with respect to a specific facility.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
2.5.1: Information Acquisition
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Obtained and Provided | Request Tier II information from a facility owner or operator and make it available in accordance with § 11044 when a qualifying public request concerns a chemical stored in excess of 10,000 pounds at any time during the preceding calendar year and the information is not already held. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(e)(3)(B). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 2.6: Discretionary Requests 🔗
Request Tier II information not already held concerning a chemical stored in an amount less than 10,000 pounds during the preceding calendar year if the requester states the general need and the commission or committee exercises its discretion to request the information; provide any information obtained on that person’s behalf in accordance with § 11044.
Stakeholders:
👥State emergency response commissions and local emergency planning committees : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(3)(C).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(3)(C). (Performer)
Other Information
Source: 42 U.S.C. § 11022(e)(3)(C). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (C) Discretionary provision of information to public In the case of tier II information which is not in the possession of a State emergency response commission or local emergency planning committee and which is with respect to a hazardous chemical which a facility has stored in an amount less than 10,000 pounds present at the facility at any time during the preceding calendar year, a request from a person must include the general need for the information. The State emergency response commission or local emergency planning committee may, pursuant to paragraph (1), request the facility owner or operator for the tier II information on behalf of the person making the request. Upon receipt of any information requested on behalf of such person, the State emergency response commission or local emergency planning committee shall make the information available in accordance with section 11044 of this title to the person.Qualification: The commission or committee may request the information; if requested and received on behalf of the person, it shall make the information available. Preserve the statute’s quantity wording and do not silently resolve the exact 10,000-pound boundary.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
2.6.1: Discretionary Requests
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Requested if Exercised; Provided if Received | Request Tier II information not already held concerning a chemical stored in an amount less than 10,000 pounds during the preceding calendar year if the requester states the general need and the commission or committee exercises its discretion to request the information; provide any information obtained on that person’s behalf in accordance with § 11044. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(e)(3)(C). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 2.7: Response Delay 🔗
Respond to a qualifying public request for Tier II information no later than 45 days after receipt of the request.
Stakeholders:
👥State emergency response commissions and local emergency planning committees : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(3)(D).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(3)(D). (Performer)
Other Information
Source: 42 U.S.C. § 11022(e)(3)(D). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (D) Response in 45 days A State emergency response commission or local emergency planning committee shall respond to a request for tier II information under this paragraph no later than 45 days after the date of receipt of the request.Qualification: This deadline is under subsection (e)(3), governing public requests. Do not apply it indiscriminately to all official, water-system, or fire-department requests. Responding and fulfilling information-access duties are assessed separately.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
2.7.1: Response Delay
| Type | Start Date | End Date | Days after receipt of request | Status | Description |
|---|---|---|---|---|---|
| Target | 45 | Responded | Respond to a qualifying public request for Tier II information no later than 45 days after receipt of the request. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(e)(3)(D). The numeric limit is a maximum, not an exact-duration target or a minimum. Time runs from receipt of the qualifying public request. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 2.8: Water System Requests 🔗
Obtain Tier II information from the facility owner or operator and make it available to an affected community water system requesting it through the state commission or local committee.
Stakeholders:
👥State emergency response commissions and local emergency planning committees : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(4).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(e)(4). (Performer)
Other Information
Source: 42 U.S.C. § 11022(e)(4). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (4) Availability to community water systems (A) In general An affected community water system may have access to tier II information by submitting a request to the State emergency response commission or the local emergency planning committee. Upon receipt of a request for tier II information, the State commission or local committee shall, pursuant to paragraph (1), request the facility owner or operator for the tier II information and make available such information to the affected community water system. (B) Definition In this paragraph, the term “affected community water system” means a community water system (as defined in section 300f(15) of this title) that receives supplies of drinking water from a source water area, delineated under section 300j–13 of this title, in which a facility that is required to prepare and submit an inventory form under subsection (a)(1) is located.Qualification: Affected community water system has the definition in subsection (e)(4)(B), including the source-water-area location relationship and cross-referenced community-water-system definition. A generic water utility is not automatically within this class.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
2.8.1: Water System Requests
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Provided | Obtain Tier II information from the facility owner or operator and make it available to an affected community water system requesting it through the state commission or local committee. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(e)(4). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Goal 3: Fire Department Access 🔗
Allow requested on-site inspections and provide specific chemical-location information to the fire department with jurisdiction.
Other Information
Source: § 11022(f). Applies upon a request to an owner or operator of a facility that files an inventory form under this section. Inspection and location-information provision are distinct responsibilities. The statute does not supply a numeric inspection-completion deadline here.
Objective 3.1: Site Inspections 🔗
Allow the fire department with jurisdiction to conduct an on-site inspection upon its request to the owner or operator of a facility that files an inventory form under this section.
Stakeholders:
👥Covered facility owners and operators : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(f).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(f). (Performer)
Other Information
Source: 42 U.S.C. § 11022(f). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (f) Fire department access Upon request to an owner or operator of a facility which files an inventory form under this section by the fire department with jurisdiction over the facility, the owner or operator of the facility shall allow the fire department to conduct an on-site inspection of the facility and shall provide to the fire department specific location information on hazardous chemicals at the facility.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
3.1.1: Site Inspections
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Allowed | Allow the fire department with jurisdiction to conduct an on-site inspection upon its request to the owner or operator of a facility that files an inventory form under this section. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(f). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 3.2: Chemical Locations 🔗
Provide specific hazardous-chemical location information to the fire department with jurisdiction upon its request to the owner or operator of a facility that files an inventory form under this section.
Stakeholders:
👥Covered facility owners and operators : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(f).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(f). (Performer)
Other Information
Source: 42 U.S.C. § 11022(f). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (f) Fire department access Upon request to an owner or operator of a facility which files an inventory form under this section by the fire department with jurisdiction over the facility, the owner or operator of the facility shall allow the fire department to conduct an on-site inspection of the facility and shall provide to the fire department specific location information on hazardous chemicals at the facility.Qualification: Public-disclosure restrictions must not be treated as a blanket exemption from providing location information to the fire department.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
3.2.1: Chemical Locations
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Provided | Provide specific hazardous-chemical location information to the fire department with jurisdiction upon its request to the owner or operator of a facility that files an inventory form under this section. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(f). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Goal 4: Reporting Framework 🔗
Provide uniform forms and exercise any applicable discretionary threshold or reporting-category powers within their statutory scope.
Other Information
Sources: § 11022(b), (d)(1)(C), and (g). Threshold and category powers are discretionary. The initial form deadline is historical; conditional letter reporting applies if the Administrator does not publish forms. No current failure to publish is inferred.
Objective 4.1: Threshold Quantities 🔗
Establish threshold quantities below which facilities are not subject to this section if the Administrator exercises that authority, with discretion to base thresholds on chemical classes or facility categories.
Stakeholders:
🏢Environmental Protection Agency : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(b).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(b). (Performer)
Other Information
Source: 42 U.S.C. § 11022(b). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (b) Thresholds The Administrator may establish threshold quantities for hazardous chemicals covered by this section below which no facility shall be subject to the provisions of this section. The threshold quantities may, in the Administrator’s discretion, be based on classes of chemicals or categories of facilities.Qualification: This is statutory discretionary authority. Existing regulatory thresholds and exemptions must be consulted separately; no new or universal threshold is invented.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
4.1.1: Threshold Quantities
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Established if Exercised | Establish threshold quantities below which facilities are not subject to this section if the Administrator exercises that authority, with discretion to base thresholds on chemical classes or facility categories. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(b). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 4.2: Reporting Categories 🔗
Modify reporting categories to group chemicals with similar emergency hazards, or require reporting on individual chemicals of special concern to emergency response personnel, if the Administrator exercises the applicable authority.
Stakeholders:
🏢Environmental Protection Agency : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(d)(1)(C).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(d)(1)(C). (Performer)
Other Information
Source: 42 U.S.C. § 11022(d)(1)(C). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (C) Modifications For purposes of reporting information under this paragraph, the Administrator may— (i) modify the categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated under that Act by requiring information to be reported in terms of groups of hazardous chemicals which present similar hazards in an emergency, or (ii) require reporting on individual hazardous chemicals of special concern to emergency response personnel.Qualification: These are discretionary alternatives. Neither action is presumed mandatory or unperformed.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
4.2.1: Reporting Categories
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Modified or Required if Exercised | Modify reporting categories to group chemicals with similar emergency hazards, or require reporting on individual chemicals of special concern to emergency response personnel, if the Administrator exercises the applicable authority. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(d)(1)(C). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 4.3: Inventory Forms 🔗
Publish a uniform inventory-form format within the statutory initial period of three months after October 17, 1986.
Stakeholders:
🏢Environmental Protection Agency : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(g).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(g). (Performer)
Other Information
Source: 42 U.S.C. § 11022(g). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (g) Format of forms The Administrator shall publish a uniform format for inventory forms within three months after October 17, 1986. If the Administrator does not publish such forms, owners and operators of facilities subject to the requirements of this section shall provide the information required under this section by letter.Qualification: This is a historical statutory deadline. No current failure or fresh deadline is inferred. EPA currently publishes Tier I and Tier II forms; those forms have not been evaluated as actual-performance evidence in this draft.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
4.3.1: Inventory Forms
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Published | Publish a uniform inventory-form format within the statutory initial period of three months after October 17, 1986. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(g). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.
Objective 4.4: Letter Reporting 🔗
Provide the information required by this section by letter if the Administrator does not publish the inventory forms.
Stakeholders:
👥Covered facility owners and operators : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(g).Implementation : Carry out the applicable responsibility or exercise the permission described in 42 U.S.C. § 11022(g). (Performer)
Other Information
Source: 42 U.S.C. § 11022(g). https://uscode.house.gov/us/usc/119-120/t42/s11022/Source text (verbatim with whitespace normalized): (g) Format of forms The Administrator shall publish a uniform format for inventory forms within three months after October 17, 1986. If the Administrator does not publish such forms, owners and operators of facilities subject to the requirements of this section shall provide the information required under this section by letter.Qualification: This is a conditional fallback, not a general direction to replace current reporting systems with letters. The triggering condition is not asserted to exist.Editorial treatment: Name, active-verb summary, indicator dimension, and completion-form descriptor are inferred. Statutory conditions and permissions govern. No fulfillment finding is made.
Performance Indicators
4.4.1: Letter Reporting
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Provided if Triggered | Provide the information required by this section by letter if the Administrator does not publish the inventory forms. |
Other Information
Target condition is derived from 42 U.S.C. § 11022(g). The ... unit is a qualitative-table display convention. The descriptor expresses a target state, not an actual achievement. Applicability and conditions must be reviewed before evaluating evidence; no actual result is supplied.