§11021 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Owners or operators of facilities that must have material safety data sheets (MSDS) under the Occupational Safety and Health Act must send either an MSDS for each hazardous chemical or a list of those chemicals to three places: the local emergency planning committee, the State emergency response commission, and the local fire department. The list must name the chemicals, show any hazardous parts of each, and group them by health or physical hazard (the Administrator can change how those groups are made to cover similar emergency hazards). For mixtures, a facility can either list each hazardous ingredient once or list the mixture itself. The Administrator can set minimum amounts of a chemical below which a facility does not have to follow these rules. If a facility gives a list, the local emergency planning committee can ask the facility for any MSDS on that list and must make any requested MSDS available to a person who asks, following section 11044. The initial MSDS or list had to be provided before the later of 12 months after October 17, 1986, or 3 months after the facility had to have the MSDS under OSHA. A revised MSDS must be sent within 3 months after the owner finds significant new information. Hazardous chemical — defined in 29 C.F.R. 1910.1200(c), but not including five types: FDA-regulated foods/drugs/cosmetics, solids in finished items when no exposure occurs, consumer products used as sold, substances used in supervised research or medical settings, and routine agricultural chemicals or fertilizers sold at retail.

Title 42, §11021

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)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 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)(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 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 Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated under that Act by requiring information to be reported in terms of groups of hazardous chemicals which present similar hazards in an emergency.

(3)An owner or operator may meet the requirements of this section with respect to a hazardous 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 element or compound in the mixture which is a hazardous chemical. If more than one mixture has the same element or compound, only one material safety data sheet, or one listing, of the element or compound is necessary.

(B)Submitting a material safety data sheet for, or identifying on a list, the mixture itself.

(b)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)(1)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 chemical on the list to such committee.

(2)A local emergency planning committee, upon request by any person, shall make available 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)(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 available a material safety data sheet for the chemical under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated under that Act.

(2)Within 3 months following discovery by an owner or operator of significant new information concerning an aspect of a hazardous chemical for which a material safety data sheet was previously submitted to the local emergency planning committee under subsection (a), a revised sheet shall be provided to such person.

(e)For purposes of this section, the term “hazardous 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 fertilizer held for sale by a retailer to the ultimate customer.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Occupational Safety and Health Act of 1970, referred to in subsecs. (a)(1), (2)(A)(i), (B) and (d)(1)(B), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified 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.

§11021 Material Safety Data Sheets