26-349. Material safety data sheets
A. A person who owns or operates a 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 (P.L. 91-593; 84 Stat. 1590), and federal regulations
adopted under that act, or under title 23, chapter 2, article 10, and rules adopted under
that article, shall submit to the local emergency planning committee for the district in
which the facility is located, the commission and the fire department with jurisdiction
over the facility material safety data sheets or lists of hazardous chemicals and any
extremely hazardous substances stored, handled or processed at the facility pursuant to
minimum threshold levels prescribed in title 40 Code of Federal Regulations part 370 as
well as comply with section 311 of title III and regulations adopted under that act.
B. If a list of hazardous chemicals or extremely hazardous substances is submitted
under this section, it shall include:
1. Information prescribed by section 311 of title III.
2. The chemical abstract service registry number applicable to each such chemical
and substance, if available.
3. An indication of whether the owner elects to withhold information about the
hazardous chemical or extremely hazardous substance from disclosure as a trade secret.
C. On request of a local emergency planning committee, the commission or the local
fire department with jurisdiction over the facility, an owner or operator of a facility
who has submitted a list pursuant to this section shall also submit the material safety
data sheet for any chemical on the list to the requesting agency. On request by any
person, the local emergency planning committee may make available a material safety data
sheet to the person or transmit the request to the commission which shall make the
material safety data sheet available, subject to the trade secret provisions and
regulations adopted under title III. If the committee or commission does not have the
requested material safety data sheet, the committee or commission shall request the sheet
from the facility owner or operator. The facility owner or operator shall make the sheet
available within thirty days after receiving the request to the committee or commission
and the committee or commission shall make the sheet available to the requesting person
subject to the trade secret provisions and regulations adopted under title III.
D. Within three months after discovery by an owner or operator of a facility of
significant new information concerning an aspect of a hazardous chemical for which a list
or material safety data sheet was submitted, or within three months after a facility
obtains a new hazardous chemical subject to the reporting requirements of this section,
the owner or operator shall update and submit a revised list or material safety data
sheet to the local emergency planning committee, the commission and the fire department
with jurisdiction over the facility.
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