An official website of the United States government.

This is not the current EPA website. To navigate to the current EPA website, please go to This website is historical material reflecting the EPA website as it existed on January 19, 2021. This website is no longer updated and links to external websites and some internal pages may not work. More information »

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.