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Table of Contents
Hazardous Chemical Reporting: Community
Right-to-Know
(40CFR370.1 -- 40CFR370.41)
The following is a summary of the referenced federal rules, as published
in the Code of Federal Regulations (CFR). This information is provided
as an aide to help understand the requirements of the federal regulations,
as they pertain to specific industrial or manufacturing operations. This information is not provided nor intended to act as a substitute for
legal or other professional services. CFR citation numbers for each
subpart are indicated, while the full text of the CFR citations can be
viewed by clicking HERE and following the
directions.
Subpart A -- General Provisions (40CFR370.1 -- 40CFR370.5)
Purpose (40CFR370.1)
To establish reporting requirements that provide the public with important
information on the hazardous chemicals in their communities for the purpose
of enhancing community awareness of chemical hazards and facilitating development
of State and local emergency response plans.
Penalties (40CFR370.5)
Penalties associated with violation of these regulations may result
in a fine of not more than $10,000 to $25,000 for each violation.
Subpart B -- Reporting Requirements (40CFR370.20 -- 40CFR370.28)
Applicability (40CFR370.20)
Facilities must provide material
safety data sheets (MSDS) and Tier I and Tier II reports to local authorities
for on-site hazardous substances.
MSDS Reporting (40CFR370.21)
An MSDS will be submitted for each hazardous chemical located at a
facility. The basic requirements for submitting information, alternative
reporting, and supplemental reporting guidance are discussed. Facilities
may submit a list of chemicals in lieu of an actual MSDS,
but must be prepared to submit the MSDS if requested by local
emergency planning committees (LEPC). LEPCs may also request
additional information about the chemical to facilitate emergency planning
activities.
Inventory Reporting (40CFR370.25)
Facilities must also submit reports for each category of hazardous
chemical present at the facility during the previous year. Tier I
forms provide an estimate of the maximum amount and average daily amount
of chemicals present at the facility at any time during the year, the number
of days the chemicals are on site, and the general locations of the chemicals. Tier II information is more detailed, including the chemical names, physical
states (e.g., pure, mix, solid, liquid, or gas), hazards of the chemical,
as well as the information required for the Tier I reports.
Mixtures (40CFR370.28)
Explains how to report mixtures of hazardous chemicals and includes
MSDS information,
Tier I and Tier II reporting, and is based on the composition of the mixture.
Subpart C -- Public Access and Availability of Information (40CFR370.30
-- 40CFR370.31)
This subpart discusses the disclosure of information to the general
public. Members of the community may request from the LEPC
any Tier II information for a particular facility in order to gain knowledge
of the hazards present. While the public may have access to the types
of chemicals present and their quantities, the location of specific chemicals
may be withheld.
Subpart D -- Inventory Forms (40CFR370.40 -- 40CFR370.41)
Sample copies of Tier I (40CFR370.40) and Tier II (40CFR370.41) Emergency
and Hazardous Chemical Inventory Forms and detailed instructions for preparing
each section of the forms are provided.
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