49-130. Emergency and hazardous chemical inventory forms

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 that has to provide a material safety data sheet or listing under this article shall either file electronically as prescribed by subsection D of this section or 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 an emergency and hazardous chemical inventory form pursuant to section 312 of title III as well as comply with section 312 of title III and regulations adopted under that act, except that the tier II emergency and hazardous chemical inventory form shall be the required form to comply with section 312 of title III effective with inventory forms due on or after March 1, 1991.

B. The tier II inventory form shall contain the following information:

1. The chemical name or the common name of the chemical as provided on the material safety data sheet and the CAS number.

2. An estimate, in ranges, of the maximum amount of the hazardous chemical present at the facility at any time during the preceding year.

3. An estimate, in ranges, of the average daily amount of the hazardous chemical present at the facility during the preceding year.

4. A brief description of the manner of storage of the hazardous chemical.

5. The location of the hazardous chemical at the facility.

6. An indication of whether the owner elects to withhold location information or other information about a specific hazardous chemical from disclosure to the public as a trade secret.

7. The fire department or district with jurisdiction for the facility, including a notation of whether the facility is located on Indian lands.

C. An owner or operator of a facility subject to this section shall submit the information required by this section on the inventory form provided by the department. The tier II inventory form provided by the department shall be available in electronic and paper formats and shall be based on and contain at least the information required by the federal forms as prescribed by 40 Code of Federal Regulations section 370.41. The department shall identify on its tier II inventory form each item that is required to be reported by 40 Code of Federal Regulations section 370.41. The department shall provide notice on the form that the provision of the information items not required by 40 Code of Federal Regulations section 370.41 is optional.

D. Facilities that are subject to reporting under this article may file reports electronically at an internet website that is designated by the department. A facility that files electronically pursuant to this subsection is deemed to have complied with the reporting requirements of the department and with the requirements of title III. Local emergency planning committees, fire departments and fire districts also may accept electronic reporting if they have agreed to do so in a written agreement with the department that provides for the electronic filing and sharing of reports. The department shall publish on the department's website a listing of local emergency planning committees, fire departments and fire districts that have agreed to accept electronic reporting to assist facilities in determining submission requirements.

E. On certifying an electronic submittal pursuant to subsection D of this section, the facility is deemed to have complied with the original signature requirements of section 312 of title III. The department and the facility shall each maintain tracking information for the submittal for purposes of confirmation.

F. Information that is collected pursuant to this section shall be made available to the public pursuant to 40 Code of Federal Regulations part 370, subpart C, except for confidential information.

G. For purposes of this section, tier II forms are the forms established under 40 Code of Federal Regulations part 370.