Page:United States Statutes at Large Volume 100 Part 2.djvu/645

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1747

ance with the purposes of that section, except that such information or part may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this section. (C) The Administrator may promulgate regulations prescrib- Regulations. ing procedures for collecting mass balance information under this paragraph. (D) For purposes of collecting mass balance information under State and local subparagraph (A), the Administrator may require the submis- governments. sion of information by a State or facility. (4) MASS BALANCE DEFINITION.—For purposes of this subsection, the term "mass balance" means an accumulation of the annual quantities of chemiceds transported to a facility, produced at a facility, consumed at a facility, used at a facility, accumulated at a facility, released from a facility, and transported from a facility as a waste or as a commercial product or byproduct or component of a commercial product or byproduct. Subtitle C—General Provisions SEC. 321. RELATIONSHIP TO OTHER LAW.

(a) IN GENERAL.—Nothing in this title shall— (1) preempt any State or local law, 3 (2) except as provided in subsection 0)), otherwise affect any State or local law or the authority of any State or local government to adopt or enforce any State or local law, or (3) affect or modify in any way the obligations or liabilities of any person under other Federal law. (b) EFFECT ON M S D S REQUIREMENTS.—Any State or local law enacted after August 1, 1985, which requires the submission of a material safety data sheet from facility owners or operators shall require that the data sheet be identical in content and format to the data sheet required under subsection (a) of section 311. In addition, a State or locality may require the submission of information which is supplemental to the information required on the data sheet (including information on the location and quantity of hsizardous chemicals present at the facility), through additional sheets attached to the data sheet or such other means as the State or locality considers appropriate. SEC. 322. TRADE SECRETS. (a) AUTHORITY TO WITHHOLD INFORMATION.— (1) GENERAL AUTHORITY.—(A) With regard to a hazardous

chemical, an extremely hazardous substance, or a toxic chemical, any person required under section 303(d)(2), 303(d)(3), 311, 312, or 313 to submit information to any other person may withhold from such submittal the specific chemical identity (including the chemical name and other specific identification), as defined in regulations prescribed by the Administrator under subsection (c), if the person complies with paragraph (2). (B) Any person withholding the specific chemical identity shall, in the place on the submittal where the chemical identity would normally be included, include the generic class or category of the hazardous chemical, extremely heizardous substance, or toxic chemical (as the case may be). (2) REQUIREMENTS.—(A) A person is entitled to withhold information under paragraph (1) if such person—

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State and local governments. 42 USC 11041.

Classified information. Claims. 42 USC 11042.