Page:United States Statutes at Large Volume 100 Part 2.djvu/635

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1737

(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 Reports. Administrator may modify the categories of health and physical hazards as set forth under the Occupational Safety and Health \ Act of 1970 and regulations promulgated under that Act by 29 USC 651 note. requiring information to be reported in terms of groups of s hazardous chemicals which present similar hazards in an f emergency. (3) TREATMENT OF MIXTURES.—An owner or operator may meet the requirements of this section with respect to a hazard0 ous 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 f l v'i which is a hazardous chemical. If more than one mixture « has the same element or compound, only one material ir. safety data sheet, or one listing, of the element or ^' compound is necessary. t (B) Submitting a material safety data sheet for, or identi;< OB?j '^j fying on a list, the mixture itself. (b) THRESHOLDS.—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) AVAILABILITY OF M S D S ON REQUEST.— (1) To LOCAL EMERGENCY PLANNING COMMITTEE.—If

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an owner or operator of a facility submits a list of chemicals under subsection (a)(D, the owner or operator, upon request by the local emergency plemning committee, shall submit the material safety data sheet for any chemical on the list to such committee. (2) To PUBLIC.—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 324. 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 324.

(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 the date of the enactment of this title, or (B) 3 months after the owner or operator of a facility is k required to prepare or have available a material safety data V sheet for the chemical under the Occupational Safety and , J Hesdth Act of 1970 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 •f- regulated by the Food and Drug Administration.

29 USC 651 note.