42 USC 11021 - Material safety data sheets

U.S Code last checked for updates: Apr 30, 2024

§ 11021.

Material safety data sheets

(a)

Basic requirement

(1)

Submission of MSDS or list

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)

Contents of list

(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)

Treatment of mixtures

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)

Thresholds

(c)

Availability of MSDS on request

(1)

To local emergency planning committee

(2)

To public

(d)

Initial submission and updating

(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)

“Hazardous chemical” defined

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.

(Pub. L. 99–499, title III, § 311, Oct. 17, 1986, 100 Stat. 1736.)

cite as: 42 USC 11021