40 CFR § 370.61 - How does a person obtain inventory information about a specific facility?
---identifier: "/us/cfr/t40/s370.61"source: "ecfr"legal_status: "authoritative_unofficial"title: "40 CFR § 370.61 - How does a person obtain inventory information about a specific facility?"title_number: 40title_name: "Protection of Environment"section_number: "370.61"section_name: "How does a person obtain inventory information about a specific facility?"chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"subchapter_number: "J"subchapter_name: "SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS"part_number: "370"part_name: "HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW"positive_law: falsecurrency: "2026-04-05"last_updated: "2026-04-05"format_version: "1.1.0"generator: "[email protected]"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)."regulatory_source: "73 FR 65478, Nov. 3, 2008, unless otherwise noted."cfr_part: "370"---
Identifier
/us/cfr/t40/s370.61
Currency
2026-04-05
Positive Law
No
Updated
2026-04-05
Chapter
Environmental Protection Agency
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... 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).
# 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 the LEPC and asking for such information.(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 his or her 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) 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.