Page:United States Statutes at Large Volume 100 Part 2.djvu/650

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 1752

PUBLIC LAW 99-499—OCT. 17, 1986

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(2) WRITTEN STATEMENT OF NEED.—The written statement of need shall be a statement that describes with reasonable detail ,^^ one or more of the following health needs for the information: (A) To assess exposure of persons living in a local commur*i nity to the hazards of the chemical concerned. .'j. (B) To conduct or assess sampling to determine exposure levels of various population groups. ,i \ (C) To conduct periodic medical surveillance of exposed population groups. \ !i ! 5r (D) To provide medical treatment to exposed individuals '\ * or population groups. (E) To conduct studies to determine the health effects of .. iexposure. (F) To conduct studies to aid in the identification of a I^ ., chemical that may reasonably be anticipated to cause an observed health effect. (d) CONFIDENTIALITY AGREEMENT.—Any person obtaining information under subsection (a) or (c) shall, in accordance with such subsection (a) or (c), be required to agree in a written confidentiality agreement that he will not use the information for any purpose other than the health needs asserted in the statement of need, except as may otherwise be authorized by the terms of the agreement or by the person providing such information. Nothing in this subsection shall preclude the parties to a confidentiality agreement from pursuing any remedies to the extent permitted by law. (e) REGULATIONS.—As soon as practicable after the date of the enactment of this title, the Administrator shall promulgate regulations describing criteria and parameters for the statement of need under subsection (a) and (c) and the confidentiality agreement under subsection (d). 42 USC 11044.

SEC. 324. PUBLIC AVAILABILITY OF PLANS, DATA SHEETS, FORMS, AND FOLLOWUP NOTICES.

(a) AVAILABILITY TO PUBLIC.—Each emergency response plan, material safety data sheet, list described in section 311(a)(2), inventory form, toxic chemical release form, and followup emergency notice shall be made available to the general public, consistent with section 322, during normal working hours at the location or locations designated by the Administrator, Governor, State emergency response commission, or local emergency planning committee, as appropriate. Upon request by an owner or operator of a facility subject to the requirements of section 312, the State emergency response commission and the appropriate local emergency planning committee shall withhold from disclosure under this section the location of any specific chemical required by section 312(d)(2) to be contained in an inventory form as tier II information. (b) NOTICE OF PUBLIC AVAILABILITY.—Each local emergency planning committee shall annually publish a notice in local newspapers that the emergency response plan, material safety data sheets, and inventory forms have been submitted under this section. The notice shall state that followup emergency notices may subsequently be issued. Such notice shall announce that members of the public who wish to review any such plan, sheet, form, or followup notice may do so at the location designated under subsection (a).