--- kind: "section" citation: "42 U.S.C. § 11002" title: "42" title_heading: "The Public Health and Welfare" number: "11002" heading: "Substances and facilities covered and notification" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/11002" units: - "Chapter 116 — Emergency Planning and Community Right-To-Know" - "Subchapter I — Emergency Planning and Notification" --- # §11002. Substances and facilities covered and notification - (a) **Substances covered—** - (1) **In general—** A substance is subject to the requirements of this subchapter if the substance is on the list published under [paragraph (2)](#a-2). - (2) **List of extremely hazardous substances—** Within 30 days after October 17, 1986, the [Administrator](/usc/42/11049.md?p=1) shall publish a list of [extremely hazardous substances](/usc/42/11049.md?p=3). The list shall be the same as the list of substances published in November 1985 by the [Administrator](/usc/42/11049.md?p=1) in Appendix A of the “Chemical Emergency Preparedness Program Interim Guidance”. - (3) **Thresholds—** - (A) At the time the list referred to in [paragraph (2)](#a-2) is published the [Administrator](/usc/42/11049.md?p=1) shall— - (i) publish an interim final regulation establishing a threshold planning quantity for each substance on the list, taking into account the criteria described in [paragraph (4)](#a-4), and - (ii) initiate a rulemaking in order to publish final regulations establishing a threshold planning quantity for each substance on the list. - (B) The threshold planning quantities may, at the [Administrator](/usc/42/11049.md?p=1)’s discretion, be based on classes of chemicals or categories of [facilities](/usc/42/11049.md?p=4). - (C) If the [Administrator](/usc/42/11049.md?p=1) fails to publish an interim final regulation establishing a threshold planning quantity for a substance within 30 days after October 17, 1986, the threshold planning quantity for the substance shall be 2 pounds until such time as the [Administrator](/usc/42/11049.md?p=1) publishes regulations establishing a threshold for the substance. - (4) **Revisions—** The [Administrator](/usc/42/11049.md?p=1) may revise the list and thresholds under paragraphs [(2)](#a-2) and [(3)](#a-3) from time to time. Any revisions to the list shall take into account the toxicity, reactivity, volatility, dispersability, combustability, or flammability of a substance. For purposes of the preceding sentence, the term “toxicity” shall include any short- or long-term health effect which may result from a short-term exposure to the substance. - (b) **Facilities covered—** - (1) Except as provided in [section 11004 of this title](/usc/42/11004.md), a [facility](/usc/42/11049.md?p=4) is subject to the requirements of this subchapter if a substance on the list referred to in [subsection (a)](#a) is present at the [facility](/usc/42/11049.md?p=4) in an amount in excess of the threshold planning quantity established for such substance. - (2) For purposes of emergency planning, a Governor or a [State](/usc/42/11049.md?p=9) emergency response commission may designate additional [facilities](/usc/42/11049.md?p=4) which shall be subject to the requirements of this subchapter, if such designation is made after public notice and opportunity for comment. The Governor or [State](/usc/42/11049.md?p=9) emergency response commission shall notify the [facility](/usc/42/11049.md?p=4) concerned of any [facility](/usc/42/11049.md?p=4) designation under this paragraph. - (c) **Emergency planning notification—** Not later than seven months after October 17, 1986, the [owner](/usc/42/13641.md?p=4) or operator of each [facility](/usc/42/11049.md?p=4) subject to the requirements of this subchapter by reason of [subsection (b)(1)](#b-1) shall notify the [State](/usc/42/11049.md?p=9) emergency response commission for the [State](/usc/42/11049.md?p=9) in which such [facility](/usc/42/11049.md?p=4) is located that such [facility](/usc/42/11049.md?p=4) is subject to the requirements of this subchapter. Thereafter, if a substance on the list of [extremely hazardous substances](/usc/42/11049.md?p=3) referred to in [subsection (a)](#a) first becomes present at such [facility](/usc/42/11049.md?p=4) in excess of the threshold planning quantity established for such substance, or if there is a revision of such list and the [facility](/usc/42/11049.md?p=4) has present a substance on the revised list in excess of the threshold planning quantity established for such substance, the [owner](/usc/42/13641.md?p=4) or operator of the [facility](/usc/42/11049.md?p=4) shall notify the [State](/usc/42/11049.md?p=9) emergency response commission and the local emergency planning committee within 60 days after such acquisition or revision that such [facility](/usc/42/11049.md?p=4) is subject to the requirements of this subchapter. - (d) **Notification of Administrator—** The [State](/usc/42/11049.md?p=9) emergency response commission shall notify the [Administrator](/usc/42/11049.md?p=1) of [facilities](/usc/42/11049.md?p=4) subject to the requirements of this subchapter by notifying the [Administrator](/usc/42/11049.md?p=1) of— - (1) each notification received from a [facility](/usc/42/11049.md?p=4) under [subsection (c)](#c), and - (2) each [facility](/usc/42/11049.md?p=4) designated by the Governor or [State](/usc/42/11049.md?p=9) emergency response commission under [subsection (b)(2)](#b-2). ## Source credit (Pub. L. 99–499, title III, § 302, Oct. 17, 1986, 100 Stat. 1730.)