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Sections 311, 312, and 313

Section 311 of this act requires facilities to submit either copies of their material safety data sheets (MSDSs) or a list of MSDS chemicals to the local emergency planning committee, the state emergency response commission, and the local fire department. Threshold quantities for hazardous chemicals, below which reporting is not required, are established. The initial submission of the MSDSs was due on October 17, 1987. An MSDS or list must be provided when new hazardous chemicals become present at a facility in quantities above the established threshold levels. A revised MSDS must be provided to update the original MSDS if significant new information is discovered about the chemical.

Section 312 of the act requires a facility to submit an emergency and hazardous chemical inventory form to the local emergency planning committee, the state emergency response commission, and the local fire department. Threshold quantities for Section 312, below which no reporting is required, are also established. Section 312 requires the following information be filed: 1) an estimate of the maximum amount of chemicals for each category present at the facility at any time during the preceding calendar year; 2) an estimate of the average daily amount of chemicals in each category; and 3) the general location for hazardous chemicals in each category. The initial hazardous chemical inventory forms were due March 12, 1988, and are to be filed annually thereafter on March 1.

Section 313 requires facilities to complete a toxic chemical release form (Form R) for specific chemicals. This is submitted to USEPA. The initial report was due July 1, 1988, and is to be submitted annually thereafter on July 1. Reporting requirements apply to owners and operators of facilities that have 10 or more full-time employees; are in standard industrial classification codes 20 through 39; and manufacture, process, or otherwise use a listed toxic chemical in excess of specified threshold quantities. Facilities using listed toxic chemicals in quantities over 10,000 pounds in a calendar year or manufacturing or processing listed chemicals in quantities over 25,000 pounds in a year are required to submit Form Rs.

 

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