§128E-6 - Reporting requirements.
§128E-6 Reporting requirements. (a)
The owner or operator of a facility in the State that stores, uses, or
manufactures any hazardous substance shall comply with the following
requirements:
(1) Each owner or operator of a facility in the State
shall comply with the emergency planning and notification requirements of
sections 302 and 303 of the Emergency Planning and Community Right-to-Know Act
of 1986, 42 United States Code sections 11002 and 11003, if an extremely
hazardous substance is present at the facility in an amount in excess of the
threshold planning quantity established for the substance;
(2) Each owner or operator of a facility in this
State that 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, as amended, 15 United States Code section 651 et seq., and regulations
promulgated under that Act, for:
(A) All hazardous substances, except for
extremely hazardous substances, present at the facility in amounts not less
than ten thousand pounds; and
(B) All extremely hazardous substances present
at the facility in amounts not less than five hundred pounds, or the threshold
planning quantity for that substance, whichever is less,
shall comply with
the following reporting requirements:
(i) Complete a chemical list by March 1
of each year and submit material safety data sheets not more than thirty days
after a request;
(ii) Complete the state chemical inventory form
by March 1 of each year; provided that a Tier II list shall be used until
a state form is available;
(iii) Submit facility diagrams and location area
maps by March 1 of each year, and update the maps annually as needed; and
(iv) Submit emergency response plans required
under state or federal law.
The documents required in clauses (i) through
(iv) shall be submitted by March 1 of each year to the commission, the
respective committee, and the respective fire department;
(3) Each owner or operator of a facility in this
State that is subject to Section 313 of the Emergency Planning and Community
Right-to-Know Act of 1986, 42 United States Code section 11023, shall comply
with the toxic chemical release form requirements of Section 323 of the
Emergency Planning and Community Right-to-Know Act of 1986 by July 1 of
each year; and
(4) Each owner or operator of a facility in this State
covered under Section 304 of the Emergency Planning and Community Right-to-Know
Act of 1986, 42 United States Code section 11004, shall comply with the notification
requirements of Section 304 of the Emergency Planning and Community
Right-to-Know Act of 1986, and section 128E-7, if a release of an extremely
hazardous substance occurs from the facility.
(b) The commission shall adopt rules in
accordance with chapter 91 establishing the specific information required on
the state chemical inventory form. The chemical inventory form shall
facilitate ease in complying with the requirements of [this chapter] by
consolidating the necessary information into one form. The chemical inventory
form may include, but is not limited to:
(1) The chemical name;
(2) Quantity stored on the site;
(3) Hazardous components;
(4) Health and physical hazards; and
(5) Storage information. [L 1993, c 300, pt of
§1; am L 2008, c 87, §2]