Do Sections 311 and 312 pre-empt exisiting state and local programs?
What effect will Sections 311 and 312 requirements have on existing State and local "Right-to-Know" programs?
Title III does not pre-empt existing state or local laws. Sections 311 and 312 requirements establish "ground rules" for submitting information about the presence of hazardous chemicals in the community. Where existing "Right-to-Know" laws are in place, officials should examine their programs to see if their requirements conform to those established under Title III. Some key factors to consider are:
• What kind of information is required?
• What chemicals are covered?
• Is information publicly available?
• What are the reporting periods and frequency of reports?
• Under what conditions can trade secret protection be granted?
Existing Right-to-Know programs that meet (or exceed) the basic requirements of Title III will satisfy Sections 311 and 312 reporting requirements. To avoid duplicate reporting forms, state and local governments may use their own forms, but such forms must, at a minimum, include the content of the published uniform federal format.