Browse Arkansas Code titles and sections
12-82-103. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-82-103. Definitions.
As used in this chapter:
(1) “Certification” means a formal document acknowledging that an individual has reached the minimum level of formal training and education, required under federal regulations and guidance provided through the State Hazardous Materials Emergency Response Commission, to perform his or her normally assigned duties for hazardous and toxic materials emergency response;
(2) “Emergency responder” means a person or persons enrolled in organizations which are entities of state or local government, or acting in behalf of state or local government, including, but not limited to, professional or volunteer law enforcement, firefighting, emergency medical, emergency services, or other public emergency response personnel who respond to the scene of a disaster with an assigned role in public safety and emergency services;
(3) “Emergency response and recovery” means those actions required at the scene of a disaster or emergency, as described in the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., for public safety, health, and welfare;
(4) “Hazardous and toxic materials” or “HAZMAT” means:
(A) Extremely hazardous substances under 42 U.S.C. § 11002, hazardous chemicals under 42 U.S.C. §§ 11021 and 11022, and toxic chemicals under 42 U.S.C. § 11023; and
(B) Such other hazardous and toxic substances as may later be designated by federal regulatory agencies; and
(5) “State Emergency Response Commission” or “SERC” refers to the State Hazardous Materials Emergency Response Commission as specified in this chapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-82-103
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Stable record: arkansas_code:legal_authorities:12-82-103
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3be48996c9ec8dc18f36c2258233135d7368bb5bf860394d8ce564d2ca7fed5f
Source location: content.xml paragraph 21160
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12-82-103. Definitions.
As used in this chapter:
(1) “Certification” means a formal document acknowledging that an individual has reached the minimum level of formal training and education, required under federal regulations and guidance provided through the State Hazardous Materials Emergency Response Commission, to perform his or her normally assigned duties for hazardous and toxic materials emergency response;
(2) “Emergency responder” means a person or persons enrolled in organizations which are entities of state or local government, or acting in behalf of state or local government, including, but not limited to, professional or volunteer law enforcement, firefighting, emergency medical, emergency services, or other public emergency response personnel who respond to the scene of a disaster with an assigned role in public safety and emergency services;
(3) “Emergency response and recovery” means those actions required at the scene of a disaster or emergency, as described in the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., for public safety, health, and welfare;
(4) “Hazardous and toxic materials” or “HAZMAT” means:
(A) Extremely hazardous substances under 42 U.S.C. § 11002, hazardous chemicals under 42 U.S.C. §§ 11021 and 11022, and toxic chemicals under 42 U.S.C. § 11023; and
(B) Such other hazardous and toxic substances as may later be designated by federal regulatory agencies; and
(5) “State Emergency Response Commission” or “SERC” refers to the State Hazardous Materials Emergency Response Commission as specified in this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Substances covered**
(1) **In general** — A substance is subject to the requirements of this subchapter if the substance is on the list published under paragraph (2).
(2) **List of extremely hazardous substances** — Within 30 days after October 17, 1986, the Administrator shall publish a list of extremely hazardous substances. The list shall be the same as the list of substances published in November 1985 by the Administrator in Appendix A of the “Chemical Emergency Preparedness Program Interim Guidance”.
(3) **Thresholds**
(A) At the time the list referred to in paragraph (2) is published the Administrator shall—
(i) publish an interim final regulation establishing a threshold planning quantity for each substance on the list, taking into account the criteria described in paragraph (4), and
(ii) initiate a rulemaking in order to publish final regulations establishing a threshold planning quantity for each substance on the list.
(B) The threshold planning quantities may, at the Administrator’s discretion, be based on classes of chemicals or categories of facilities.
(C) If the Administrator fails to publish an interim final regulation establishing a threshold planning quantity for a substance within 30 days after October 17, 1986, the threshold planning quantity for the substance shall be 2 pounds until such time as the Administrator publishes regulations establishing a threshold for the substance.
(4) **Revisions** — The Administrator may revise the list and thresholds under paragraphs (2) and (3) from time to time. Any revisions to the list shall take into account the toxicity, reactivity, volatility, dispersability, combustability, or flammability of a substance. For purposes of the preceding sentence, the term “toxicity” shall include any
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11002
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 11002. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8095
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11002
State emergency response commission. The Gov-
ernor may designate as the State emergency re-
sponse commission one or more existing emer-
gency response organizations that are State-
sponsored or appointed. The Governor shall, to
the extent practicable, appoint persons to the
State emergency response commission who have
technical expertise in the emergency response
field. The State emergency response commission
shall appoint local emergency planning commit-
tees under subsection (c) and shall supervise and
coordinate the activities of such committees.
The State emergency response commission shall
establish procedures for receiving and proc-
essing requests from the public for information
under section 11044 of this title, including tier II
information under section 11022 of this title.
Such procedures shall include the designation of
an official to serve as coordinator for informa-
tion. If the Governor of any State does not des-
ignate a State emergency response commission
within such period, the Governor shall operate
as the State emergency response commission
until the Governor makes such designation.
(b) Establishment of emergency planning dis-
tricts
Not later than nine months after October 17,
1986, the State emergency response commission
shall designate emergency planning districts in
order to facilitate preparation and implementa-
tion of emergency plans. Where appropriate, the
State emergency response commission may des-
ignate existing political subdivisions or multi-
jurisdictional planning organizations as such
districts. In emergency planning areas that in-
volve more than one State, the State emergency
response commissions of all potentially affected
States may designate emerg
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11002
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 11002. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Basic requirement**
(1) **Submission of MSDS or list** — The owner or operator of any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.] and regulations promulgated under that Act shall submit a material safety data sheet for each such chemical, or a list of such chemicals as described in paragraph (2), to each of the following:
(A) The appropriate local emergency planning committee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facility.
(2) **Contents of list**
(A) The list of chemicals referred to in paragraph (1) shall include each of the following:
(i) A list of the hazardous chemicals for which a material safety data sheet is required under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.] and regulations promulgated under that Act, grouped in categories of health and physical hazards as set forth under such Act and regulations promulgated under such Act, or in such other categories as the Administrator may prescribe under subparagraph (B).
(ii) The chemical name or the common name of each such chemical as provided on the material safety data sheet.
(iii) Any hazardous component of each such chemical as provided on the material safety data sheet.
(B) For purposes of the list under this paragraph, the Administrator may modify the categories of health and physical hazards as set forth under the Occupational Safety and Hea
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11021
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 11021. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8099
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11021
Subsec. (e). Pub. L. 115–270, § 2018(a)(2), added subsec.
(e).
§ 11005. Emergency training and review of emer-
gency systems
(a) Emergency training
(1) Programs
Officials of the United States Government
carrying out existing Federal programs for
emergency training are authorized to specifi-
cally provide training and education programs
for Federal, State, and local personnel in haz-
ard mitigation, emergency preparedness, fire
prevention and control, disaster response,
long-term disaster recovery, national security,
technological and natural hazards, and emer-
gency processes. Such programs shall provide
special emphasis for such training and edu-
cation with respect to hazardous chemicals.
(2) State and local program support
There is authorized to be appropriated to the
Federal Emergency Management Agency for
each of the fiscal years 1987, 1988, 1989, and
1990, $5,000,000 for making grants to support
programs of State and local governments, and
to support university-sponsored programs,
which are designed to improve emergency
planning, preparedness, mitigation, response,
and recovery capabilities. Such programs shall
provide special emphasis with respect to emer-
gencies associated with hazardous chemicals.
Such grants may not exceed 80 percent of the
cost of any such program. The remaining 20
percent of such costs shall be funded from non-
Federal sources.
(3) Other programs
Nothing in this section shall affect the
availability of appropriations to the Federal
Emergency Management Agency for any pro-
grams carried out by such agency other than
the programs referred to in paragraph (2).
(b) Review of emergency systems
(1) Review
The Administrator shall initiate, not later
than 30
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11021
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 11021. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Basic requirement** The owner or operator of a facility subject to the requirements of this section shall complete a toxic chemical release form as published under subsection (g) for each toxic chemical listed under subsection (c) that was manufactured, processed, or otherwise used in quantities exceeding the toxic chemical threshold quantity established by subsection (f) during the preceding calendar year at such facility. Such form shall be submitted to the Administrator and to an official or officials of the State designated by the Governor on or before July 1, 1988, and annually thereafter on July 1 and shall contain data reflecting releases during the preceding calendar year.
**(b) Covered owners and operators of facilities**
(1) **In general**
(A) The requirements of this section shall apply to owners and operators of facilities that have 10 or more full-time employees and that are in Standard Industrial Classification Codes 20 through 39 (as in effect on July 1, 1985) and that manufactured, processed, or otherwise used a toxic chemical listed under subsection (c) in excess of the quantity of that toxic chemical established under subsection (f) during the calendar year for which a release form is required under this section.
(B) The Administrator may add or delete Standard Industrial Classification Codes for purposes of subparagraph (A), but only to the extent necessary to provide that each Standard Industrial Code to which this section applies is relevant to the purposes of this section.
(C) For purposes of this section—
(i) The term “manufacture” means to produce, prepare, import, or compound a toxic chemical.
(ii) The term “process” means the preparation of a toxic chemical, after its manufacture, for distribution in commerce—
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11023
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 11023. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8103
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11023
Subsec. (e)(4). Pub. L. 115–270, § 2018(b)(2), added par.
(4).
§ 11023. Toxic chemical release forms
(a) Basic requirement
The owner or operator of a facility subject to
the requirements of this section shall complete
a toxic chemical release form as published under
subsection (g) for each toxic chemical listed
under subsection (c) that was manufactured,
processed, or otherwise used in quantities ex-
ceeding the toxic chemical threshold quantity
established by subsection (f) during the pre-
ceding calendar year at such facility. Such form
shall be submitted to the Administrator and to
an official or officials of the State designated by
the Governor on or before July 1, 1988, and annu-
ally thereafter on July 1 and shall contain data
reflecting releases during the preceding calendar
year.
(b) Covered owners and operators of facilities
(1) In general
(A) The requirements of this section shall
apply to owners and operators of facilities
that have 10 or more full-time employees and
that are in Standard Industrial Classification
Codes 20 through 39 (as in effect on July 1,
1985) and that manufactured, processed, or
otherwise used a toxic chemical listed under
subsection (c) in excess of the quantity of that
toxic chemical established under subsection (f)
during the calendar year for which a release
form is required under this section.
(B) The Administrator may add or delete
Standard Industrial Classification Codes for
purposes of subparagraph (A), but only to the
extent necessary to provide that each Stand-
ard Industrial Code to which this section ap-
plies is relevant to the purposes of this sec-
tion.
(C) For purposes of this section—
(i) The term ‘‘manufacture’’ means to
produce, p
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11023
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 11023. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-75-101. Title.
This chapter may be cited as the Arkansas Emergency Services Act of 1973.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-75-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-75-101. This identifies an authority to review, not proof of applicability.