42 U.S.C. § 11044 — Public Availability of Emergency Plans and Chemical Information
Represent the public-access, chemical-location confidentiality, and annual newspaper-notice requirements of 42 U.S.C. § 11044 as a StratML Part 2 performance-requirements template.
Other Information
Status and scope: Independent draft prepared October 15, 2026. This rendition covers both subsections of 42 U.S.C. § 11044 (EPCRA § 324). It is not an adopted agency, state, local committee, or facility performance plan, a legal opinion, or a finding of compliance. No specific jurisdiction, location, reporting year, or custodian is selected.Source and currency: Official Office of the Law Revision Counsel section page, https://uscode.house.gov/us/usc/119-120/t42/s11044/, retrieved October 15, 2026. The page identifies its text as current through Public Law 119-120 (October 7, 2026). Source excerpts are preserved with whitespace normalized in objective OtherInformation. Editorial material and source credits are contextual, not additional performance duties.Inferred statements: Vision, Mission, Values, goal groupings, noun Names, active-verb summaries, stakeholder role descriptions, indicator dimensions, value-chain stages, and verb-based target descriptors were inferred with ChatGPT assistance. They are not quotations or officially adopted statements. Fidelity expresses a principle of the rendition process; the other values synthesize the section’s access, notice, and confidentiality themes. These statements create no new legal obligations.Responsibility: The United States of America identifies the logical jurisdiction. The first sentence of subsection (a) requires public availability but does not name a single universal custodian. Custodians of covered emergency information is an inferred actor class for the persons or bodies responsible for making the information available under the applicable arrangements. The Administrator, Governor, state commission, and local committee designate locations as appropriate; their mention does not establish that each holds every document. The EPA Administrator meaning is supplied by § 11049(1). Subsection (a) expressly assigns qualifying location-withholding duties to state commissions and appropriate local committees. Subsection (b) expressly assigns newspaper-notice duties to each local emergency planning committee.Cross-references and applicability: Section 11044 incorporates § 11042 trade-secret provisions and references the § 11021(a)(2) chemical list and § 11022 inventory reporting and Tier II location information. Those provisions are not fully converted here. Any trade-secret claim, facility coverage, document availability, or entitlement to information requires review under the applicable provisions. A chemical-location withholding request under the second sentence of subsection (a) must come from the owner or operator of a facility subject to § 11022.Disclosure limits: The confidentiality requirement concerns the location of a specific chemical in Tier II information upon a qualifying request. It must not be enlarged into an automatic exemption for all inventory information. Conversely, the public-access goal does not override § 11042 or qualifying location withholding. These public-disclosure rules do not by themselves authorize withholding required information from emergency authorities.Measurement: Indicators assess access, confidentiality, publication, and required notice content. They do not demonstrate that the public has read or understood the information or that emergencies or harm have been reduced. Target DescriptorValues generally use completion forms of the relevant action verbs. No actual results, baselines, numeric counts, fabricated dates, or noncompliance findings are supplied. Qualitative UnitOfMeasurement uses ... solely as a display convention. Evidence must be assessed against all applicable conditions; missing evidence is not zero or failure.Dates and frequency: Subsection (b) requires annual newspaper publication but specifies no calendar publication date in this section. The template therefore does not invent a March 1 notice deadline or a particular annual reporting period. The normal-working-hours requirement is retained in the access target. PublicationDate is omitted pending review and publication of this draft.Digital support (inferred): Online discovery, machine-readable notices, subscription alerts, and accessible document indexes could supplement statutory access and notification. They are not stated requirements of § 11044 and must not be presented as replacing the express annual local-newspaper notice requirement or other applicable access obligations. No new digital-publication target is imposed in this rendition.Relationship to the inventory pilot: Section 11022 addresses facility inventory submissions and Tier II requests; § 11044 addresses public availability, qualifying chemical-location withholding, and annual notices. This document complements the earlier inventory rendition without changing its filename or contents. No publication URL for that rendition is presumed.Validation limitation: The completed XML is validated against the designated Part 2 v2.2.10 schema. However, structural validation does not certify legal interpretation, complete regulatory coverage, specific responsibility assignments, or compliance.
Submitter's Note: This StratML rendition has been compiled from the source by ChatGPT. I have reviewed and lightly edited it in the form at https://stratml.us/forms/Claude/Part2.html
🏢United States of America The jurisdiction whose public-information provisions are represented in this independent cross-organizational requirements template.
Stakeholders:
👥 👥 | Source & SubmitterSource:https://uscode.house.gov/us/usc/119-120/t42/s11044/ Period: to Published: |
Vision
Informed communities with accessible emergency information and protected confidential chemical locations.
Mission
To connect public access, confidentiality, and emergency-information notices with responsible parties, assessable requirements, and evidence of fulfillment.
Values
Goal 1: Public Access 🔗
Make covered emergency information available to the general public under the statutory access conditions.
Stakeholders:
🏢Environmental Protection Agency : Designate public-review locations as appropriate under § 11044(a); EPA acts through its Administrator.Location Designation : Designate public-review locations as appropriate under § 11044(a); EPA acts through its Administrator. (Performer)
👥Governors : Designate public-review locations as appropriate under § 11044(a); EPA acts through its Administrator.Location Designation : Designate public-review locations as appropriate under § 11044(a); EPA acts through its Administrator. (Performer)
👥State emergency response commissions : Designate public-review locations as appropriate under § 11044(a); EPA acts through its Administrator.Location Designation : Designate public-review locations as appropriate under § 11044(a); EPA acts through its Administrator. (Performer)
👥Local emergency planning committees : Designate public-review locations as appropriate under § 11044(a); EPA acts through its Administrator.Location Designation : Designate public-review locations as appropriate under § 11044(a); EPA acts through its Administrator. (Performer)
Other Information
Source: § 11044(a), first sentence. Availability is subject to § 11042 and qualifying location withholding under the second sentence. Designated locations and normal working hours are part of the requirement.
Objective 1.1: Information Availability 🔗
Make each covered emergency response plan, material safety data sheet, § 11021(a)(2) chemical list, inventory form, toxic chemical release form, and followup emergency notice available to the general public during normal working hours at the appropriately designated location or locations, consistent with § 11042 and applicable chemical-location withholding.
Stakeholders:
👥Custodians of covered emergency information : Make information available under the applicable custody and access arrangements; this actor class is inferred from the public-availability requirement.Implementation : Make information available under the applicable custody and access arrangements; this actor class is inferred from the public-availability requirement. (Performer)
Other Information
Source: 42 U.S.C. § 11044(a). https://uscode.house.gov/us/usc/119-120/t42/s11044/Source text (verbatim with whitespace normalized): (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.Qualification: The Administrator, Governor, state commission, or local committee designates locations as appropriate. The source does not assign universal document custody to any one of them. Apply trade-secret protections and qualifying location withholding; this objective does not require unrestricted disclosure.
Performance Indicators
1.1.1: Information Availability
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Made Available | Make each covered emergency response plan, material safety data sheet, § 11021(a)(2) chemical list, inventory form, toxic chemical release form, and followup emergency notice available to the general public during normal working hours at the appropriately designated location or locations, consistent with § 11042 and applicable chemical-location withholding. |
Other Information
The target is derived from § 11044(a). The measurement dimension and verb-based completion descriptor are editorial conventions. The ... unit supports qualitative display. No actual fulfillment is asserted. Suggested evidence (inferred): document-access arrangements, designated review locations and working hours, and records showing access subject to applicable protections.
Goal 2: Chemical Locations 🔗
Withhold qualifying specific chemical-location information from public disclosure upon a covered facility owner’s or operator’s request.
Other Information
Source: § 11044(a), second sentence. This is a conditional public-disclosure restriction, not a requirement to withhold all Tier II information or a general exemption from providing information to emergency authorities.
Objective 2.1: Location Confidentiality 🔗
Withhold from public disclosure under this section the specific chemical-location information contained in Tier II inventories when requested by an owner or operator of a facility subject to § 11022.
Stakeholders:
👥State emergency response commissions : Withhold qualifying specific chemical locations upon a covered owner’s or operator’s request.Implementation : Withhold qualifying specific chemical locations upon a covered owner’s or operator’s request. (Performer)
👥Appropriate local emergency planning committees : Withhold qualifying specific chemical locations upon a covered owner’s or operator’s request.Implementation : Withhold qualifying specific chemical locations upon a covered owner’s or operator’s request. (Performer)
Other Information
Source: 42 U.S.C. § 11044(a). https://uscode.house.gov/us/usc/119-120/t42/s11044/Source text (verbatim with whitespace normalized): (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.Qualification: The source applies to location information required under § 11022(d)(2), upon the qualifying request. It does not justify withholding all chemical or facility information. No request or completed withholding action is presumed.
Performance Indicators
2.1.1: Location Confidentiality
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Withheld upon Qualifying Request | Withhold from public disclosure under this section the specific chemical-location information contained in Tier II inventories when requested by an owner or operator of a facility subject to § 11022. |
Other Information
The target is derived from § 11044(a). The measurement dimension and verb-based completion descriptor are editorial conventions. The ... unit supports qualitative display. No actual fulfillment is asserted. Suggested evidence (inferred): a qualifying withholding request and controlled public copies or access procedures that protect the requested specific chemical locations.
Goal 3: Public Notices 🔗
Publish annual local-newspaper notices identifying submitted information, possible followup notices, and the location for public review.
Other Information
Source: § 11044(b). Publication frequency, medium, and required notice content are separately assessable. The section specifies annual frequency, not a particular calendar deadline. Online notification may supplement the statutory newspaper notice.
Objective 3.1: Notice Publication 🔗
Publish annually in local newspapers a notice of the public availability of the emergency information specified in § 11044(b).
Stakeholders:
👥Local emergency planning committees : Publish annual local-newspaper notices containing the information required by § 11044(b).Implementation : Publish annual local-newspaper notices containing the information required by § 11044(b). (Performer)
Other Information
Source: 42 U.S.C. § 11044(b). https://uscode.house.gov/us/usc/119-120/t42/s11044/Source text (verbatim with whitespace normalized): (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).Qualification: Newspaper publication is express statutory language. No particular newspaper, calendar publication date, number of newspapers, or extra publication frequency is invented. Digital notices alone are not treated as satisfying this requirement.
Performance Indicators
3.1.1: Notice Publication
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Published | Publish annually in local newspapers a notice of the public availability of the emergency information specified in § 11044(b). |
Other Information
The target is derived from § 11044(b). The measurement dimension and verb-based completion descriptor are editorial conventions. The ... unit supports qualitative display. No actual fulfillment is asserted. Suggested evidence (inferred): a dated local-newspaper copy or publication record identifying the annual notice.
Objective 3.2: Notice Content 🔗
State in the annual notice that the emergency response plan, material safety data sheets, and inventory forms have been submitted under this section and that followup emergency notices may subsequently be issued.
Stakeholders:
👥Local emergency planning committees : Publish annual local-newspaper notices containing the information required by § 11044(b).Implementation : Publish annual local-newspaper notices containing the information required by § 11044(b). (Performer)
Other Information
Source: 42 U.S.C. § 11044(b). https://uscode.house.gov/us/usc/119-120/t42/s11044/Source text (verbatim with whitespace normalized): (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).Qualification: The notice must cover both the submission statement and the possibility of followup emergency notices. The target does not assert that the underlying materials have actually been submitted in a particular jurisdiction.
Performance Indicators
3.2.1: Notice Content
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Stated | State in the annual notice that the emergency response plan, material safety data sheets, and inventory forms have been submitted under this section and that followup emergency notices may subsequently be issued. |
Other Information
The target is derived from § 11044(b). The measurement dimension and verb-based completion descriptor are editorial conventions. The ... unit supports qualitative display. No actual fulfillment is asserted. Suggested evidence (inferred): the published notice text confirming submission of the specified materials and stating that followup emergency notices may subsequently be issued.
Objective 3.3: Review Locations 🔗
Announce in the annual notice that members of the public may review covered plans, sheets, forms, or followup notices at the location designated under subsection (a).
Stakeholders:
👥Local emergency planning committees : Publish annual local-newspaper notices containing the information required by § 11044(b).Implementation : Publish annual local-newspaper notices containing the information required by § 11044(b). (Performer)
Other Information
Source: 42 U.S.C. § 11044(b). https://uscode.house.gov/us/usc/119-120/t42/s11044/Source text (verbatim with whitespace normalized): (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).Qualification: The published location statement should correspond to the applicable designated review location. Web addresses or notification subscriptions are supplementary unless applicable law establishes otherwise.
Performance Indicators
3.3.1: Review Locations
| Type | Start Date | End Date | ... | Status | Description |
|---|---|---|---|---|---|
| Target | Announced | Announce in the annual notice that members of the public may review covered plans, sheets, forms, or followup notices at the location designated under subsection (a). |
Other Information
The target is derived from § 11044(b). The measurement dimension and verb-based completion descriptor are editorial conventions. The ... unit supports qualitative display. No actual fulfillment is asserted. Suggested evidence (inferred): the published notice text identifying where members of the public may review the covered information.