§370.61. How does a person obtain inventory information about a specific facility?
40 C.F.R. § 370.61
Any person may request Tier II information for a specific facility by writing to the SERC or LEPC.
If the SERC or LEPC has the Tier II information, the SERC or LEPC must provide it to the person making the request.
If the SERC or LEPC does not have the Tier II information, it must request it from the facility owner or operator in either of the following cases:
The person making the request is a state or local official acting in an official capacity.
The request is for hazardous chemicals in amounts greater than 10,000 pounds stored at the facility at any time during the previous calendar year.
If the SERC or LEPC does not have the Tier II information, it may request it from the facility owner or operator when neither condition in paragraph (a)(2) of this section is met but the person's request includes a general statement of need.
A SERC or LEPC must respond to a request for Tier II information under this section within 45 days of receiving such a request.
Notes, amendments, and revision history
Authority
Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and 329 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).
Source
Source: 73 FR 65478, Nov. 3, 2008, as amended at 91 FR 37036, June 22, 2026, unless otherwise noted.