26-350. Emergency and hazardous chemical
inventory forms
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 which has to provide a material safety data sheet or listing
under this article shall either file electronically as prescribed by subsection D or
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 an
emergency and hazardous chemical inventory form pursuant to section 312 of title III as
well as comply with section 312 of title III and regulations adopted under that act,
except that the tier II emergency and hazardous chemical inventory form shall be the
required form to comply with section 312 of title III effective with inventory forms due
on or after March 1, 1991.
B. The tier II inventory form shall contain the following information:
1. The chemical name or the common name of the chemical as provided on the material
safety data sheet and the CAS number.
2. An estimate, in ranges, of the maximum amount of the hazardous chemical present
at the facility at any time during the preceding year.
3. An estimate, in ranges, of the average daily amount of the hazardous chemical
present at the facility during the preceding year.
4. A brief description of the manner of storage of the hazardous chemical.
5. The location of the hazardous chemical at the facility.
6. An indication of whether the owner elects to withhold location information or
other information about a specific hazardous chemical from disclosure to the public as a
trade secret.
7. The fire department or district with jurisdiction for the facility, including a
notation of whether the facility is located on Indian lands.
C. An owner or operator of a facility subject to this section shall submit the
information required by this section on the inventory form provided by the commission.
The tier II inventory form provided by the commission shall be available in electronic
and paper formats and shall be based on and contain at least the information required by
the federal forms as prescribed by 40 Code of Federal Regulations section 370.41. The
commission shall identify on its tier II inventory form each item that is required to be
reported by 40 Code of Federal Regulations section 370.41. The commission shall provide
notice on the form that the provision of the information items not required by 40 Code of
Federal Regulations section 370.41 is optional.
D. Facilities that are subject to reporting under this article may file reports
electronically at an internet web site that is designated by the Arizona emergency
response commission. A facility that files electronically pursuant to this subsection is
deemed to have complied with the reporting requirements of the commission and with the
requirements of title III. Local emergency planning committees, fire departments and
districts also may accept electronic reporting if they have agreed to do so in a written
agreement with the commission that provides for the electronic filing and sharing of
reports. The commission shall publish on the commission's web site a listing of local
emergency planning committees, fire departments and fire districts that have agreed to
accept electronic reporting to assist facilities in determining submission requirements.
E. On certifying an electronic submittal pursuant to subsection D, the facility is
deemed to have complied with the original signature requirements of section 312 of title
III. The commission and the facility shall each maintain tracking information for the
submittal for purposes of confirmation.
F. Information that is collected pursuant to this section shall be made available
to the public pursuant to 40 Code of Federal Regulations part 370, subpart C, except for
confidential information.
G. For purposes of this section, tier II forms are the forms established under 40
Code of Federal Regulations part 370.
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