49-129. Material safety data sheets

A. A person who owns or operates a facility that 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 (P.L. 91-593; 84 Stat. 1590), and federal regulations adopted under that act, or under title 23, chapter 2, article 10, and rules adopted under that article, shall submit to the local emergency planning committee for the district in which the facility is located, the department, and the fire department with jurisdiction over the facility material safety data sheets or lists of hazardous chemicals and any extremely hazardous substances stored, handled or processed at the facility pursuant to minimum threshold levels prescribed in 40 Code of Federal Regulations part 370 as well as comply with section 311 of title III and regulations adopted under that act.

B. If a list of hazardous chemicals or extremely hazardous substances is submitted under this section, it shall include:

1. Information prescribed by section 311 of title III.

2. The chemical abstract service registry number applicable to each such chemical and substance, if available.

3. An indication of whether the owner elects to withhold information about the hazardous chemical or extremely hazardous substance from disclosure as a trade secret.

C. On request of a local emergency planning committee, the department or the local fire department with jurisdiction over the facility, an owner or operator of a facility who has submitted a list pursuant to this section shall also submit the material safety data sheet for any chemical on the list to the requesting agency. On request by any person, the local emergency planning committee may make available a material safety data sheet to the person or transmit the request to the department, which shall make the material safety data sheet available, subject to the trade secret provisions and regulations adopted under title III. If the committee or department does not have the requested material safety data sheet, the committee or department shall request the sheet from the facility owner or operator. The facility owner or operator shall make the sheet available within thirty days after receiving the request to the committee or department and the committee or department shall make the sheet available to the requesting person subject to the trade secret provisions and regulations adopted under title III.

D. Within three months after discovery by an owner or operator of a facility of significant new information concerning an aspect of a hazardous chemical for which a list or material safety data sheet was submitted, or within three months after a facility obtains a new hazardous chemical subject to the reporting requirements of this section, the owner or operator shall update and submit a revised list or material safety data sheet to the local emergency planning committee, the department and the fire department with jurisdiction over the facility.