42 USC 11022 - Emergency and hazardous chemical inventory forms

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

§ 11022.

Emergency and hazardous chemical inventory forms

(a)

Basic requirement

(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 prepare and submit an emergency and hazardous chemical inventory form (hereafter in this chapter referred to as an “inventory form”) 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)

The inventory form containing tier I information (as described in subsection (d)(1)) shall be submitted on or before March 1, 1988, and annually thereafter on March 1, and shall contain data with respect to the preceding calendar year. The preceding sentence does not apply if an owner or operator provides, by the same deadline and with respect to the same calendar year, tier II information (as described in subsection (d)(2)) to the recipients described in paragraph (1).

(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)

Providing information on the inventory form on 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 listing on the inventory form for the element or compound at the facility is necessary.

(B)

Providing information on the inventory form on the mixture itself.

(b)

Thresholds

(c)

Hazardous chemicals covered

(d)

Contents of form

(1)

Tier I information

(A)

Aggregate information by category

(B)

Required information

The information referred to in subparagraph (A) is the following:

(i)

An estimate (in ranges) of the maximum amount of hazardous chemicals in each category present at the facility at any time during the preceding calendar year.

(ii)

An estimate (in ranges) of the average daily amount of hazardous chemicals in each category present at the facility during the preceding calendar year.

(iii)

The general location of hazardous chemicals in each category.

(C)

Modifications

For purposes of reporting information under this paragraph, the Administrator may—

(i)

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, or

(ii)

require reporting on individual hazardous chemicals of special concern to emergency response personnel.

(2)

Tier II information

An inventory form shall provide the following additional information for each hazardous chemical present at the facility, but only upon request and in accordance with subsection (e):

(A)

The chemical name or the common name of the chemical as provided on the material safety data sheet.

(B)

An estimate (in ranges) of the maximum amount of the hazardous chemical present at the facility at any time during the preceding calendar year.

(C)

An estimate (in ranges) of the average daily amount of the hazardous chemical present at the facility during the preceding calendar year.

(D)

A brief description of the manner of storage of the hazardous chemical.

(E)

The location at the facility of the hazardous chemical.

(F)

An indication of whether the owner elects to withhold location information of a specific hazardous chemical from disclosure to the public under section 11044 of this title.

(e)

Availability of tier II information

(1)

Availability to State commissions, local committees, and fire departments

(2)

Availability to other State and local officials

(3)

Availability to public

(A)

In general

(B)

Automatic provision of information to public

(C)

Discretionary provision of information to public

(D)

Response in 45 days

(4)

Availability to community water systems

(A)

In general

(B)

Definition

(f)

Fire department access

(g)

Format of forms

(Pub. L. 99–499, title III, § 312, Oct. 17, 1986, 100 Stat. 1738; Pub. L. 115–270, title II, § 2018(b), Oct. 23, 2018, 132 Stat. 3858.)

cite as: 42 USC 11022