§11022 Emergency and Hazardous Chemical Inven­tory Forms

Summary

Owners or operators of facilities that must have material safety data sheets under the Occupational Safety and Health Act must fill out and send an emergency and hazardous chemical inventory form to three places: the local emergency planning committee, the State emergency response commission, and the local fire department. The first report with basic (tier I) information was due March 1, 1988, and then every year on March 1 after that. Tier I gives totals by hazard category using ranges for the maximum amount and the average daily amount during the prior year, and the general location at the site. For mixtures, a facility can list each hazardous ingredient or list the mixture itself. The Administrator may set smaller threshold amounts that exempt some chemicals or groups of chemicals and may change how categories are grouped or require details about particular chemicals. The Administrator must publish a uniform form within three months after October 17, 1986; if no form is published, owners must send the required information by letter. More detailed (tier II) information must be kept and given when asked. Tier II lists each chemical’s name, ranges for maximum and average amounts for the prior year, a short storage description, the location on site, and whether the owner wants to withhold location details from the public. State commissions, local committees, and the fire department can request tier II for a specific facility. Other state or local officials may get it through those committees. Any person can request tier II in writing; the committees must provide tier II for chemicals stored over 10,000 pounds in the prior year and may get information for smaller amounts if the requester explains why they need it. The committees must answer public requests within 45 days. An affected community water system can also get tier II. If the local fire department asks, the facility must allow an on-site inspection and give specific location details.