Frequent Questions

State refusing to comply with the emergency planning provisions

What will happen if a State refuses to comply with the emergency planning provisions?

A governor who does not designate a State emergency response commission becomes the commission by default.  While the governor could choose not to fulfill any of the Title III provisions, the public could still request information that would be submitted by facilities as part of the emergency plan, material safety data sheets (MSDS), inventory forms, toxic chemical release forms, and follow-up emergency notices.  In addition, Title III provides for citizens to bring suits against the State Governor or the State emergency response commission to force them to comply with certain Title III provisions.

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