---
kind: "section"
citation: "42 U.S.C. § 11023"
title: "42"
title_heading: "The Public Health and Welfare"
number: "11023"
heading: "Toxic chemical release forms"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/11023"
units:
  - "Chapter 116 — Emergency Planning and Community Right-To-Know"
  - "Subchapter II — Reporting Requirements"
---

# §11023. Toxic chemical release forms

- (a) **Basic requirement—** The [owner](/usc/42/13641.md?p=4) or operator of a [facility](/usc/42/11049.md?p=4) subject to the requirements of this section shall complete a [toxic chemical](/usc/42/11049.md?p=10) [release](/usc/42/11049.md?p=8) form as published under [subsection (g)](#g) for each [toxic chemical](/usc/42/11049.md?p=10) listed under [subsection (c)](#c) that was manufactured, processed, or otherwise used in quantities exceeding the [toxic chemical](/usc/42/11049.md?p=10) threshold quantity established by [subsection (f)](#f) during the preceding calendar year at such [facility](/usc/42/11049.md?p=4). Such form shall be submitted to the [Administrator](/usc/42/11049.md?p=1) and to an official or officials of the [State](/usc/42/11049.md?p=9) designated by the Governor on or before July 1, 1988, and annually thereafter on July 1 and shall contain data reflecting [releases](/usc/42/11049.md?p=8) during the preceding calendar year.
- (b) **Covered owners and operators of facilities—**
  - (1) **In general—**
    - (A) The requirements of this section shall apply to [owners](/usc/42/13641.md?p=4) and operators of [facilities](/usc/42/11049.md?p=4) that have 10 or more full-time employees and that are in Standard Industrial Classification Codes 20 through 39 (as in effect on July 1, 1985) and that manufactured, processed, or otherwise used a [toxic chemical](/usc/42/11049.md?p=10) listed under [subsection (c)](#c) in excess of the quantity of that [toxic chemical](/usc/42/11049.md?p=10) established under [subsection (f)](#f) during the calendar year for which a [release](/usc/42/11049.md?p=8) form is required under this section.
    - (B) The [Administrator](/usc/42/11049.md?p=1) may add or delete Standard Industrial Classification Codes for purposes of [subparagraph (A)](#b-1-A), but only to the extent necessary to provide that each Standard Industrial Code to which this section applies is relevant to the purposes of this section.
    - (C) For purposes of this section—
      - (i) The term “manufacture” means to produce, prepare, import, or compound a [toxic chemical](/usc/42/11049.md?p=10).
      - (ii) The term “process” means the preparation of a [toxic chemical](/usc/42/11049.md?p=10), after its manufacture, for distribution in commerce—
        - (I) in the same form or physical [state](/usc/42/11049.md?p=9) as, or in a different form or physical [state](/usc/42/11049.md?p=9) from, that in which it was received by the [person](/usc/42/11049.md?p=7) so preparing such chemical, or
        - (II) as part of an article containing the [toxic chemical](/usc/42/11049.md?p=10).
  - (2) **Discretionary application to additional facilities—** The [Administrator](/usc/42/11049.md?p=1), on his own motion or at the request of a Governor of a [State](/usc/42/11049.md?p=9) (with regard to [facilities](/usc/42/11049.md?p=4) located in that [State](/usc/42/11049.md?p=9)), may apply the requirements of this section to the [owners](/usc/42/13641.md?p=4) and operators of any particular [facility](/usc/42/11049.md?p=4) that manufactures, processes, or otherwise uses a [toxic chemical](/usc/42/11049.md?p=10) listed under [subsection (c)](#c) if the [Administrator](/usc/42/11049.md?p=1) determines that such action is warranted on the basis of toxicity of the [toxic chemical](/usc/42/11049.md?p=10), proximity to other [facilities](/usc/42/11049.md?p=4) that [release](/usc/42/11049.md?p=8) the [toxic chemical](/usc/42/11049.md?p=10) or to population centers, the history of [releases](/usc/42/11049.md?p=8) of such chemical at such [facility](/usc/42/11049.md?p=4), or such other factors as the [Administrator](/usc/42/11049.md?p=1) deems appropriate.
- (c) **Toxic chemicals covered—** The [toxic chemicals](/usc/42/11049.md?p=10) subject to the requirements of this section are—
  - (1) the chemicals on the list in Committee Print Number 99–169 of the Senate Committee on [Environment](/usc/42/11049.md?p=2) and Public Works, titled “[Toxic Chemicals](/usc/42/11049.md?p=10) Subject to Section 313 of the Emergency Planning and Community Right-To-Know Act of 1986” [42 U.S.C. 11023] (including any revised version of the list as may be made pursuant to subsection [(d)](#d) or [(e)](#e)); and
  - (2) the chemicals included on such list under subsections (b)(1), (c)(1), and (d)(3) of [section 8921 of title 15](/usc/15/8921.md).
- (d) **Revisions by Administrator—**
  - (1) **In general—** The [Administrator](/usc/42/11049.md?p=1) may by rule add or delete a chemical from the list described in [subsection (c)](#c) at any time.
  - (2) **Additions—** A chemical may be added if the [Administrator](/usc/42/11049.md?p=1) determines, in his judgment, that there is sufficient evidence to establish any one of the following:
    - (A) The chemical is known to cause or can reasonably be anticipated to cause significant adverse acute human health effects at concentration levels that are reasonably likely to exist beyond [facility](/usc/42/11049.md?p=4) site boundaries as a result of continuous, or frequently recurring, [releases](/usc/42/11049.md?p=8).
    - (B) The chemical is known to cause or can reasonably be anticipated to cause in humans—
      - (i) cancer or teratogenic effects, or
      - (ii) serious or irreversible—
        - (I) reproductive dysfunctions,
        - (II) neurological disorders,
        - (III) heritable genetic mutations, or
        - (IV) other chronic health effects.
    - (C) The chemical is known to cause or can reasonably be anticipated to cause, because of—
      - (i) its toxicity,
      - (ii) its toxicity and persistence in the [environment](/usc/42/11049.md?p=2), or
      - (iii) its toxicity and tendency to bioaccumulate in the [environment](/usc/42/11049.md?p=2),

      a significant adverse effect on the [environment](/usc/42/11049.md?p=2) of sufficient seriousness, in the judgment of the [Administrator](/usc/42/11049.md?p=1), to warrant reporting under this section. The number of chemicals included on the list described in [subsection (c)](#c) on the basis of the preceding sentence may constitute in the aggregate no more than 25 percent of the total number of chemicals on the list.

    A determination under this paragraph shall be based on generally accepted scientific principles or laboratory tests, or appropriately designed and conducted epidemiological or other population studies, available to the [Administrator](/usc/42/11049.md?p=1).

  - (3) **Deletions—** A chemical may be deleted if the [Administrator](/usc/42/11049.md?p=1) determines there is not sufficient evidence to establish any of the criteria described in [paragraph (2)](#d-2).
  - (4) **Effective date—** Any revision made on or after January 1 and before December 1 of any calendar year shall take effect beginning with the next calendar year. Any revision made on or after December 1 of any calendar year and before January 1 of the next calender[^1] year shall take effect beginning with the calendar year following such next calendar year.
- (e) **Petitions—**
  - (1) **In general—** Any [person](/usc/42/11049.md?p=7) may petition the [Administrator](/usc/42/11049.md?p=1) to add or delete a chemical from the list described in [subsection (c)](#c) on the basis of the criteria in subparagraph [(A)](#d-2-A) or [(B)](#d-2-B) of subsection (d)(2). Within 180 days after receipt of a petition, the [Administrator](/usc/42/11049.md?p=1) shall take one of the following actions:
    - (A) Initiate a rulemaking to add or delete the chemical to the list, in accordance with subsection [(d)(2)](#d-2) or [(d)(3)](#d-3).
    - (B) Publish an explanation of why the petition is denied.
  - (2) **Governor petitions—** A [State](/usc/42/11049.md?p=9) Governor may petition the [Administrator](/usc/42/11049.md?p=1) to add or delete a chemical from the list described in [subsection (c)](#c) on the basis of the criteria in subparagraph [(A)](#d-2-A), [(B)](#d-2-B), or [(C)](#d-2-C) of subsection (d)(2). In the case of such a petition from a [State](/usc/42/11049.md?p=9) Governor to delete a chemical, the petition shall be treated in the same manner as a petition received under [paragraph (1)](#e-1) to delete a chemical. In the case of such a petition from a [State](/usc/42/11049.md?p=9) Governor to add a chemical, the chemical will be added to the list within 180 days after receipt of the petition, unless the [Administrator](/usc/42/11049.md?p=1)—
    - (A) initiates a rulemaking to add the chemical to the list, in accordance with [subsection (d)(2)](#d-2), or
    - (B) publishes an explanation of why the [Administrator](/usc/42/11049.md?p=1) believes the petition does not meet the requirements of [subsection (d)(2)](#d-2) for adding a chemical to the list.
- (f) **Threshold for reporting—**
  - (1) **Toxic chemical threshold amount—** The threshold amounts for purposes of reporting [toxic chemicals](/usc/42/11049.md?p=10) under this section are as follows:
    - (A) With respect to a [toxic chemical](/usc/42/11049.md?p=10) used at a [facility](/usc/42/11049.md?p=4), 10,000 pounds of the [toxic chemical](/usc/42/11049.md?p=10) per year.
    - (B) With respect to a [toxic chemical](/usc/42/11049.md?p=10) manufactured or processed at a [facility](/usc/42/11049.md?p=4)—
      - (i) For the [toxic chemical](/usc/42/11049.md?p=10) [release](/usc/42/11049.md?p=8) form required to be submitted under this section on or before July 1, 1988, 75,000 pounds of the [toxic chemical](/usc/42/11049.md?p=10) per year.
      - (ii) For the form required to be submitted on or before July 1, 1989, 50,000 pounds of the [toxic chemical](/usc/42/11049.md?p=10) per year.
      - (iii) For the form required to be submitted on or before July 1, 1990, and for each form thereafter, 25,000 pounds of the [toxic chemical](/usc/42/11049.md?p=10) per year.
  - (2) **Revisions—** The [Administrator](/usc/42/11049.md?p=1) may establish a threshold amount for a [toxic chemical](/usc/42/11049.md?p=10) different from the amount established by [paragraph (1)](#f-1). Such revised threshold shall obtain reporting on a substantial majority of total [releases](/usc/42/11049.md?p=8) of the chemical at all [facilities](/usc/42/11049.md?p=4) subject to the requirements of this section. The amounts established under this paragraph 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).
- (g) **Form—**
  - (1) **Information required—** Not later than June 1, 1987, the [Administrator](/usc/42/11049.md?p=1) shall publish a uniform [toxic chemical](/usc/42/11049.md?p=10) [release](/usc/42/11049.md?p=8) form for [facilities](/usc/42/11049.md?p=4) covered by this section. If the [Administrator](/usc/42/11049.md?p=1) does not publish such a form, [owners](/usc/42/13641.md?p=4) and operators of [facilities](/usc/42/11049.md?p=4) subject to the requirements of this section shall provide the information required under this subsection by letter postmarked on or before the date on which the form is due. Such form shall—
    - (A) provide for the name and location of, and principal business activities at, the [facility](/usc/42/11049.md?p=4);
    - (B) include an appropriate certification, signed by a senior official with management responsibility for the [person](/usc/42/11049.md?p=7) or [persons](/usc/42/11049.md?p=7) completing the report, regarding the accuracy and completeness of the report; and
    - (C) provide for submission of each of the following items of information for each listed [toxic chemical](/usc/42/11049.md?p=10) known to be present at the [facility](/usc/42/11049.md?p=4):
      - (i) Whether the [toxic chemical](/usc/42/11049.md?p=10) at the [facility](/usc/42/11049.md?p=4) is manufactured, processed, or otherwise used, and the general category or categories of use of the chemical.
      - (ii) An estimate of the maximum amounts (in ranges) of the [toxic chemical](/usc/42/11049.md?p=10) present at the [facility](/usc/42/11049.md?p=4) at any time during the preceding calendar year.
      - (iii) For each wastestream, the waste [treatment](/usc/42/11851.md?p=11) or [disposal](/usc/42/2021b.md?p=7) methods employed, and an estimate of the [treatment](/usc/42/11851.md?p=11) efficiency typically achieved by such methods for that wastestream.
      - (iv) The annual quantity of the [toxic chemical](/usc/42/11049.md?p=10) entering each environmental medium.
  - (2) **Use of available data—** In order to provide the information required under this section, the [owner](/usc/42/13641.md?p=4) or operator of a [facility](/usc/42/11049.md?p=4) may use readily available data (including monitoring data) collected pursuant to other provisions of law, or, where such data are not readily available, reasonable estimates of the amounts involved. Nothing in this section requires the monitoring or measurement of the quantities, concentration, or frequency of any [toxic chemical](/usc/42/11049.md?p=10) released into the [environment](/usc/42/11049.md?p=2) beyond that monitoring and measurement required under other provisions of law or regulation. In order to assure consistency, the [Administrator](/usc/42/11049.md?p=1) shall require that data be expressed in common units.
- (h) **Use of release form—** The [release](/usc/42/11049.md?p=8) forms required under this section are intended to provide information to the Federal, [State](/usc/42/11049.md?p=9), and local governments and the public, including citizens of communities surrounding covered [facilities](/usc/42/11049.md?p=4). The [release](/usc/42/11049.md?p=8) form shall be available, consistent with [section 11044(a) of this title](/usc/42/11044.md?p=a), to inform [persons](/usc/42/11049.md?p=7) about [releases](/usc/42/11049.md?p=8) of [toxic chemicals](/usc/42/11049.md?p=10) to the [environment](/usc/42/11049.md?p=2); to assist governmental [agencies](/usc/42/8262.md?p=1), researchers, and other [persons](/usc/42/11049.md?p=7) in the conduct of research and data gathering; to aid in the development of appropriate regulations, guidelines, and standards; and for other similar purposes.
- (i) **Modifications in reporting frequency—**
  - (1) **In general—** The [Administrator](/usc/42/11049.md?p=1) may modify the frequency of submitting a report under this section, but the [Administrator](/usc/42/11049.md?p=1) may not modify the frequency to be any more often than annually. A modification may apply, either nationally or in a specific geographic area, to the following:
    - (A) All [toxic chemical](/usc/42/11049.md?p=10) [release](/usc/42/11049.md?p=8) forms required under this section.
    - (B) A class of [toxic chemicals](/usc/42/11049.md?p=10) or a category of [facilities](/usc/42/11049.md?p=4).
    - (C) A specific [toxic chemical](/usc/42/11049.md?p=10).
    - (D) A specific [facility](/usc/42/11049.md?p=4).
  - (2) **Requirements—** A modification may be made under [paragraph (1)](#i-1) only if the [Administrator](/usc/42/11049.md?p=1)—
    - (A) makes a finding that the modification is consistent with the provisions of [subsection (h)](#h), based on—
      - (i) experience from previously submitted [toxic chemical](/usc/42/11049.md?p=10) [release](/usc/42/11049.md?p=8) forms, and
      - (ii) determinations made under [paragraph (3)](#i-3), and
    - (B) the finding is made by a rulemaking in accordance with [section 553 of title 5](/usc/5/553.md).
  - (3) **Determinations—** The [Administrator](/usc/42/11049.md?p=1) shall make the following determinations with respect to a proposed modification before making a modification under [paragraph (1)](#i-1):
    - (A) The extent to which information relating to the proposed modification provided on the [toxic chemical](/usc/42/11049.md?p=10) [release](/usc/42/11049.md?p=8) forms has been used by the [Administrator](/usc/42/11049.md?p=1) or other [agencies](/usc/42/8262.md?p=1) of the Federal Government, [States](/usc/42/11049.md?p=9), local governments, health professionals, and the public.
    - (B) The extent to which the information is (i) readily available to potential users from other sources, such as [State](/usc/42/11049.md?p=9) reporting programs, and (ii) provided to the [Administrator](/usc/42/11049.md?p=1) under another Federal law or through a [State](/usc/42/11049.md?p=9) program.
    - (C) The extent to which the modification would impose additional and unreasonable burdens on [facilities](/usc/42/11049.md?p=4) subject to the reporting requirements under this section.
  - (4) **5-year review—** Any modification made under this subsection shall be reviewed at least once every 5 years. Such review shall examine the modification and ensure that the requirements of paragraphs [(2)](#i-2) and [(3)](#i-3) still justify continuation of the modification. Any change to a modification reviewed under this paragraph shall be made in accordance with this subsection.
  - (5) **Notification to Congress—** The [Administrator](/usc/42/11049.md?p=1) shall notify Congress of an intention to initiate a rulemaking for a modification under this subsection. After such notification, the [Administrator](/usc/42/11049.md?p=1) shall delay initiation of the rulemaking for at least 12 months, but no more than 24 months, after the date of such notification.
  - (6) **Judicial review—** In any judicial review of a rulemaking which establishes a modification under this subsection, a court may hold unlawful and set aside [agency](/usc/42/8262.md?p=1) action, findings, and conclusions found to be unsupported by substantial evidence.
  - (7) **Applicability—** A modification under this subsection may apply to a calendar year or other reporting period beginning no earlier than January 1, 1993.
  - (8) **Effective date—** Any modification made on or after January 1 and before December 1 of any calendar year shall take effect beginning with the next calendar year. Any modification made on or after December 1 of any calendar year and before January 1 of the next calendar year shall take effect beginning with the calendar year following such next calendar year.
- (j) **EPA management of data—** The [Administrator](/usc/42/11049.md?p=1) shall establish and maintain in a computer data base a national [toxic chemical](/usc/42/11049.md?p=10) inventory based on data submitted to the [Administrator](/usc/42/11049.md?p=1) under this section. The [Administrator](/usc/42/11049.md?p=1) shall make these data accessible by computer telecommunication and other means to any [person](/usc/42/11049.md?p=7) on a cost reimbursable basis.
- (k) **Report—** Not later than June 30, 1991, the Comptroller General, in consultation with the [Administrator](/usc/42/11049.md?p=1) and appropriate officials in the [States](/usc/42/11049.md?p=9), shall submit to the Congress a report including each of the following:
  - (1) A description of the steps taken by the [Administrator](/usc/42/11049.md?p=1) and the [States](/usc/42/11049.md?p=9) to implement the requirements of this section, including steps taken to make information collected under this section available to and accessible by the public.
  - (2) A description of the extent to which the information collected under this section has been used by the Environmental Protection [Agency](/usc/42/8262.md?p=1), other Federal [agencies](/usc/42/8262.md?p=1), the [States](/usc/42/11049.md?p=9), and the public, and the purposes for which the information has been used.
  - (3) An identification and evaluation of options for modifications to the requirements of this section for the purpose of making information collected under this section more useful.
- (l) **Mass balance study—**
  - (1) **In general—** The [Administrator](/usc/42/11049.md?p=1) shall arrange for a mass balance study to be carried out by the National Academy of Sciences using mass balance information collected by the [Administrator](/usc/42/11049.md?p=1) under [paragraph (3)](#l-3). The [Administrator](/usc/42/11049.md?p=1) shall submit to Congress a report on such study no later than 5 years after October 17, 1986.
  - (2) **Purposes—** The purposes of the study are as follows:
    - (A) To assess the value of mass balance analysis in determining the accuracy of information on [toxic chemical](/usc/42/11049.md?p=10) [releases](/usc/42/11049.md?p=8).
    - (B) To assess the value of obtaining mass balance information, or portions thereof, to determine the waste reduction efficiency of different [facilities](/usc/42/11049.md?p=4), or categories of [facilities](/usc/42/11049.md?p=4), including the effectiveness of [toxic chemical](/usc/42/11049.md?p=10) regulations promulgated under laws other than this chapter.
    - (C) To assess the utility of such information for evaluating [toxic chemical](/usc/42/11049.md?p=10) management [practices](/usc/42/17061.md?p=19) at [facilities](/usc/42/11049.md?p=4), or categories of [facilities](/usc/42/11049.md?p=4), covered by this section.
    - (D) To determine the implications of mass balance information collection on a national scale similar to the mass balance information collection carried out by the [Administrator](/usc/42/11049.md?p=1) under [paragraph (3)](#l-3), including implications of the use of such collection as part of a national annual quantity [toxic chemical](/usc/42/11049.md?p=10) [release](/usc/42/11049.md?p=8) program.
  - (3) **Information collection—**
    - (A) The [Administrator](/usc/42/11049.md?p=1) shall acquire available mass balance information from [States](/usc/42/11049.md?p=9) which currently conduct (or during the 5 years after October 17, 1986 initiate) a mass balance-oriented annual quantity [toxic chemical](/usc/42/11049.md?p=10) [release](/usc/42/11049.md?p=8) program. If information from such [States](/usc/42/11049.md?p=9) provides an inadequate representation of industry classes and categories to carry out the purposes of the study, the [Administrator](/usc/42/11049.md?p=1) also may acquire mass balance information necessary for the study from a representative number of [facilities](/usc/42/11049.md?p=4) in other [States](/usc/42/11049.md?p=9).
    - (B) Any information acquired under this section shall be available to the public, except that upon a showing satisfactory to the [Administrator](/usc/42/11049.md?p=1) by any [person](/usc/42/11049.md?p=7) that the information (or a particular part thereof) to which the [Administrator](/usc/42/11049.md?p=1) or any officer, employee, or representative has access under this section if made public would divulge information entitled to protection under [section 1905 of title 18](/usc/18/1905.md), such information or part shall be considered confidential in accordance with the purposes of that section, except that such information or part may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this section.
    - (C) The [Administrator](/usc/42/11049.md?p=1) may promulgate regulations prescribing procedures for collecting mass balance information under this paragraph.
    - (D) For purposes of collecting mass balance information under [subparagraph (A)](#l-3-A), the [Administrator](/usc/42/11049.md?p=1) may require the submission of information by a [State](/usc/42/11049.md?p=9) or [facility](/usc/42/11049.md?p=4).
  - (4) **Mass balance definition—** For purposes of this subsection, the term “mass balance” means an accumulation of the annual quantities of chemicals transported to a [facility](/usc/42/11049.md?p=4), produced at a [facility](/usc/42/11049.md?p=4), consumed at a [facility](/usc/42/11049.md?p=4), used at a [facility](/usc/42/11049.md?p=4), accumulated at a [facility](/usc/42/11049.md?p=4), released from a [facility](/usc/42/11049.md?p=4), and transported from a [facility](/usc/42/11049.md?p=4) as a waste or as a commercial product or byproduct or component of a commercial product or byproduct.

## Footnotes

[^1]: So in original. Probably should be “calendar”.

## Source credit

(Pub. L. 99–499, title III, § 313, Oct. 17, 1986, 100 Stat. 1741; Pub. L. 116–92, div. F, title LXXIII, § 7321(f), Dec. 20, 2019, 133 Stat. 2281.)

## Notes

### Editorial Notes

### Amendments

2019—Subsec. (c). Pub. L. 116–92 substituted “are—” and “(1) the chemicals” for “are those chemicals”, and added par. (2).

### Executive Documents

### Expediting Community Right-to-Know Initiatives

Memorandum of President of the United States, Aug. 8, 1995, 60 F.R. 41791, provided:

Memorandum for the Administrator of the Environmental Protection Agency and the Heads of Executive Departments and Agencies

The Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001–11050) (“EPCRA”) and the Pollution Prevention Act of 1990 (42 U.S.C. 13101–13109) provide an innovative approach to protecting public health and the environment by ensuring that communities are informed about the toxic chemicals being released into the air, land, and water by manufacturing facilities. I am committed to the effective implementation of this law, because Community Right-to-Know protections provide a basic informational tool to encourage informed community-based environmental decision making and provide a strong incentive for businesses to find their own ways of preventing pollution.

The laws provide the Environmental Protection Agency with substantial authority to add to the Toxics Release Inventory under EPCRA: (1) new chemicals; (2) new classes of industrial facilities; and (3) additional types of information concerning toxic chemical use at facilities. Community Right-to-Know should be enhanced wherever possible as appropriate. EPA currently is engaged in an on-going process to address potential facility expansion and the collection of use information. I am committed to a full and open process on the policy issues posed by EPA’s exercise of these authorities.

So that consideration of these issues can be fully accomplished during this Administration, I am directing the Administrator of the Environmental Protection Agency, in consultation with the Office of Management and Budget and appropriate Federal agencies with applicable technical and functional expertise, as necessary, to take the following actions:

(a) Continuation on an expedited basis of the public notice and comment rulemaking proceedings to consider whether, as appropriate and consistent with section 313(b) of EPCRA, 42 U.S.C. 11023(b), to add to the list of Standard Industrial Classification (“SIC”) Code designations of 20 through 39 (as in effect on July 1, 1985). For SIC Code designations, see “Standard Industrial Classification Manual” published by the Office of Management and Budget. EPA shall complete the rulemaking process on an accelerated schedule.

(b) Development and implementation of an expedited, open, and transparent process for consideration of reporting under EPCRA on information on the use of toxic chemicals at facilities, including information on mass balance, materials accounting, or other chemical use date [data], pursuant to section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A). EPA shall report on the progress of this effort by October 1, 1995, with a goal of obtaining sufficient information to be able to make informed judgments concerning implementation of any appropriate program.

These actions should continue unless specifically prohibited by law. The head of each executive department or agency shall assist the Environmental Protection Agency in implementing this directive as quickly as possible.

This directive is for the internal management of the executive branch and does not create any right or benefit, substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its officers or employees, or any person.

The Director of the Office of Management and Budget is authorized and directed to publish this Memorandum in the Federal Register.