42 U.S.C. § 11021 — Material safety data sheets

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 days after October 17, 1986, a review of emergency systems for monitoring, detecting, and preventing releases of extremely haz- ardous substances at representative domestic facilities that produce, use, or store extremely hazardous substances. The Administrator may select representative extremely hazardous substances from the substances on the list re- ferred to in section 11002(a) of this title for the purposes of this review. The Administrator shall report interim findings to the Congress not later than seven months after October 17, 1986, and issue a final report of findings and recommendations to the Congress not later than 18 months after October 17, 1986. Such re- port shall be prepared in consultation with the States and appropriate Federal agencies. (2) Report The report required by this subsection shall include the Administrator’s findings regarding each of the following: (A) The status of current technological ca- pabilities to (i) monitor, detect, and prevent, in a timely manner, significant releases of extremely hazardous substances, (ii) deter- mine the magnitude and direction of the hazard posed by each release, (iii) identify specific substances, (iv) provide data on the specific chemical composition of such re- leases, and (v) determine the relative con- centrations of the constituent substances. (B) The status of public emergency alert devices or systems for providing timely and effective public warning of an accidental re- lease of extremely hazardous substances into the environment, including releases into the atmosphere, surface water, or groundwater from facilities that produce, store, or use significant quantities of such extremely haz- ardous substances. (C) The technical and economic feasibility of establishing, maintaining, and operating perimeter alert systems for detecting re- leases of such extremely hazardous sub- stances into the atmosphere, surface water, or groundwater, at facilities that manufac- ture, use, or store significant quantities of such substances. (3) Recommendations The report required by this subsection shall also include the Administrator’s recommenda- tions for— (A) initiatives to support the development of new or improved technologies or systems that would facilitate the timely monitoring, detection, and prevention of releases of ex- tremely hazardous substances, and (B) improving devices or systems for effec- tively alerting the public in a timely man- ner, in the event of an accidental release of such extremely hazardous substances. (Pub. L. 99–499, title III, § 305, Oct. 17, 1986, 100 Stat. 1735.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. SUBCHAPTER II—REPORTING REQUIREMENTS § 11021. Material safety data sheets (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 ma- terial safety data sheet for a hazardous chem- Page 8100 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11021 ical under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regula- tions promulgated under that Act shall submit a material safety data sheet for each such chemical, or a list of such chemicals as de- scribed in paragraph (2), to each of the fol- lowing: (A) The appropriate local emergency plan- ning committee. (B) The State emergency response commis- sion. (C) The fire department with jurisdiction over the facility. (2) Contents of list (A) The list of chemicals referred to in para- graph (1) shall include each of the following: (i) A list of the hazardous chemicals for which a material safety data sheet is re- quired under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated under that Act, grouped in categories of health and physical hazards as set forth under such Act and reg- ulations 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 para- graph, the Administrator may modify the cat- egories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated under that Act by re- quiring information to be reported in terms of groups of hazardous chemicals which present similar hazards in an emergency. (3) Treatment of mixtures An owner or operator may meet the require- ments of this section with respect to a haz- ardous chemical which is a mixture by doing one of the following: (A) Submitting a material safety data sheet for, or identifying on a list, each ele- ment or compound in the mixture which is a hazardous chemical. If more than one mix- ture has the same element or compound, only one material safety data sheet, or one listing, of the element or compound is nec- essary. (B) Submitting a material safety data sheet for, or identifying on a list, the mix- ture itself. (b) Thresholds The Administrator may establish threshold quantities for hazardous chemicals below which no facility shall be subject to the provisions of this section. The threshold quantities may, in the Administrator’s discretion, be based on classes of chemicals or categories of facilities. (c) Availability of MSDS on request (1) To local emergency planning committee If an owner or operator of a facility submits a list of chemicals under subsection (a)(1), the owner or operator, upon request by the local emergency planning committee, shall submit the material safety data sheet for any chem- ical on the list to such committee. (2) To public A local emergency planning committee, upon request by any person, shall make avail- able a material safety data sheet to the person in accordance with section 11044 of this title. If the local emergency planning committee does not have the requested material safety data sheet, the committee shall request the sheet from the facility owner or operator and then make the sheet available to the person in accordance with section 11044 of this title. (d) Initial submission and updating (1) The initial material safety data sheet or list required under this section with respect to a hazardous chemical shall be provided before the later of— (A) 12 months after October 17, 1986, or (B) 3 months after the owner or operator of a facility is required to prepare or have avail- able a material safety data sheet for the chem- ical under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regula- tions promulgated under that Act. (2) Within 3 months following discovery by an owner or operator of significant new informa- tion concerning an aspect of a hazardous chem- ical for which a material safety data sheet was previously submitted to the local emergency planning committee under subsection (a), a re- vised sheet shall be provided to such person. (e) ‘‘Hazardous chemical’’ defined For purposes of this section, the term ‘‘haz- ardous chemical’’ has the meaning given such term by section 1910.1200(c) of title 29 of the Code of Federal Regulations, except that such term does not include the following: (1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration. (2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use. (3) Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. (4) Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual. (5) Any substance to the extent it is used in routine agricultural operations or is a fer- tilizer held for sale by a retailer to the ulti- mate customer. (Pub. L. 99–499, title III, § 311, Oct. 17, 1986, 100 Stat. 1736.) Editorial Notes REFERENCES IN TEXT The Occupational Safety and Health Act of 1970, re- ferred to in subsecs. (a)(1), (2)(A)(i), (B) and (d)(1)(B), is Page 8101 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11022 Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is clas- sified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables. § 11022. Emergency and hazardous chemical inventory forms (a) Basic requirement (1) The owner or operator of any facility which is required to prepare or have available a mate- rial safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations pro- mulgated under that Act shall prepare and sub- mit an emergency and hazardous chemical in- ventory form (hereafter in this chapter referred to as an ‘‘inventory form’’) to each of the fol- lowing: (A) The appropriate local emergency plan- ning committee. (B) The State emergency response commis- sion. (C) The fire department with jurisdiction over the facility. (2) The inventory form containing tier I infor- mation (as described in subsection (d)(1)) shall be submitted on or before March 1, 1988, and an- nually thereafter on March 1, and shall contain data with respect to the preceding calendar year. The preceding sentence does not apply if an owner or operator provides, by the same deadline and with respect to the same calendar year, tier II information (as described in sub- section (d)(2)) to the recipients described in paragraph (1). (3) An owner or operator may meet the re- quirements of this section with respect to a haz- ardous chemical which is a mixture by doing one of the following: (A) Providing information on the inventory form on each element or compound in the mix- ture which is a hazardous chemical. If more than one mixture has the same element or compound, only one listing on the inventory form for the element or compound at the facil- ity is necessary. (B) Providing information on the inventory form on the mixture itself. (b) Thresholds The Administrator may establish threshold quantities for hazardous chemicals covered by this section below which no facility shall be sub- ject to the provisions of this section. The threshold quantities may, in the Administra- tor’s discretion, be based on classes of chemicals or categories of facilities. (c) Hazardous chemicals covered A hazardous chemical subject to the require- ments of this section is any hazardous chemical for which a material safety data sheet or a list- ing is required under section 11021 of this title. (d) Contents of form (1) Tier I information (A) Aggregate information by category An inventory form shall provide the infor- mation described in subparagraph (B) in ag- gregate terms for hazardous chemicals in categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated under that Act. (B) Required information The information referred to in subpara- graph (A) is the following: (i) An estimate (in ranges) of the max- imum amount of hazardous chemicals in each category present at the facility at any time during the preceding calendar year. (ii) An estimate (in ranges) of the aver- age daily amount of hazardous chemicals in each category present at the facility during the preceding calendar year. (iii) The general location of hazardous chemicals in each category. (C) Modifications For purposes of reporting information under this paragraph, the Administrator may— (i) modify the categories of health and physical hazards as set forth under the Oc- cupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations pro- mulgated under that Act by requiring in- formation to be reported in terms of groups of hazardous chemicals which present similar hazards in an emergency, or (ii) require reporting on individual haz- ardous chemicals of special concern to emergency response personnel. (2) Tier II information An inventory form shall provide the fol- lowing additional information for each haz- ardous chemical present at the facility, but only upon request and in accordance with sub- section (e): (A) The chemical name or the common name of the chemical as provided on the ma- terial safety data sheet. (B) An estimate (in ranges) of the max- imum amount of the hazardous chemical present at the facility at any time during the preceding calendar year. (C) An estimate (in ranges) of the average daily amount of the hazardous chemical present at the facility during the preceding calendar year. (D) A brief description of the manner of storage of the hazardous chemical. (E) The location at the facility of the haz- ardous chemical. (F) An indication of whether the owner elects to withhold location information of a specific hazardous chemical from disclosure to the public under section 11044 of this title. (e) Availability of tier II information (1) Availability to State commissions, local committees, and fire departments Upon request by a State emergency response commission, a local emergency planning com- mittee, or a fire department with jurisdiction over the facility, the owner or operator of a fa- cility shall provide tier II information, as de- scribed in subsection (d), to the person making