---
kind: "section"
citation: "40 C.F.R. § 370.61"
title: "40"
number: "370.61"
heading: "How does a person obtain inventory information about a specific facility?"
url: "https://uscodex.org/cfr/40/370.61"
---

# §370.61. How does a person obtain inventory information about a specific facility?

- (a) Any person may request Tier II information for a specific facility by writing to the SERC or LEPC.
  - (1) If the SERC or LEPC has the Tier II information, the SERC or LEPC must provide it to the person making the request.
  - (2) 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:
    - (i) **The person making the request is a state or local official acting in an official capacity.**
    - (ii) 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.
  - (3) 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)](#a-2) of this section is met but the person's request includes a general statement of need.
- (b) 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

### 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.