Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to add a new title IV: State and Local Coordination of Emergency Response; Community Right to Know. Directs each Governor to appoint an emergency response commission to coordinate response planning in such State for hazardous substance emergencies. Directs these commissions to designate local emergency response committees to develop and implement emergency response plans in case of a hazardous substance emergency. Requires such plans to include emergency notification personnel and procedures, evacuation plans, and an assessment and use plan for local medical and police resources.
Requires owners and operators of covered facilities which produce, use, or store hazardous substances to file with local committees a hazardous substance report setting forth the following information for each substance: type; amount; location; emergency and first aid procedures; routes and symptoms of exposure; and emergency personnel to contact. Requires the periodic updating of such reports. Directs the Administrator to publish and update a list of covered hazardous substances requiring such a report. Permits individuals or a local committee to petition the Administrator to add a substance to such list.
Requires such owners and operators to submit to the Administrator and the committee and other State and local officials a material safety data sheet on each listed chemical which shall also be furnished with shipments of such substance. Excludes from coverage under these requirements certain small manufacturers, research laboratories, and consumer users. Requires such sheet to be updated and kept (for 30 years), and the information to be made available to the public via a toll-free telephone number. Permits other exemptions from these requirements as specified.
Sets forth emergency notice and bulletin procedures a covered operator must follow in the case of any hazardous substance emergency, including notifying the appropriate government officials. Requires such bulletins to include a full description of the nature and scope of the emergency, together with any recommendations for action.
Requires that all such plans, reports, data sheets, and bulletins be made available for public inspection. Requires that medical personnel be granted access to necessary information by any owner or operator required to file data sheets or reports. Requires such personnel to maintain the confidentiality of such information beyond health purposes. Permits owners and operators to withhold trade secret information from the data sheets and reports for all but health-related purposes. Sets forth standards for determining what constitutes a trade secret and requires the Administrator to establish procedures for citizen challenge of such a designation.
Establishes civil and criminal penalties for violations of these information requirements. Permits citizen suits to enforce this Act.
Permits States and local governments to also require the submission of hazardous chemicals information.
Authorizes appropriations for FY 1986 through 1990 to the Federal Emergency Management Agency for training government personnel to cope with hazardous substance emergencies.
Introduced in House
Introduced in House
Referred to House Committee on Energy and Commerce.
Referred to House Committee on Public Works and Transportation.
Referred to Subcommittee on Commerce, Transportation and Tourism.
Referred to Subcommittee on Water Resources.
See H.R.2005.
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