Sec. 22a-610. Preparation of emergency and hazardous chemical inventory form. Tier I and tier II information. Inspection of facility by fire department.
Sec. 22a-610. Preparation of emergency and hazardous chemical inventory
form. Tier I and tier II information. Inspection of facility by fire department. (a)
As used in this section:
(1) "Tier I information" means information in aggregate terms for hazardous chemicals in categories of health and physical hazards as set forth under the Occupational
Safety and Health Act of 1970 and regulations promulgated thereunder, including (A)
an estimate, in ranges, of the maximum amount of hazardous chemicals in each category
present at the facility at any time during the preceding calendar year, (B) an estimate,
in ranges, of the average daily amount of hazardous chemicals in each category present at
the facility during the preceding calendar year and (C) the general location of hazardous
chemicals in each category.
(2) "Tier II information" means information requested in accordance with subsection (c) for hazardous chemicals including, but not limited to, (A) the chemical name
or common name of the chemical as provided on the material safety data sheet, (B) an
estimate, in ranges, of the maximum amount of the hazardous chemicals present at the
facility at any time during the preceding calendar year, (C) an estimate, in ranges, of
the average daily amount of the hazardous chemicals present at the facility during the
preceding calendar year, (D) a brief description of the manner of storage of the hazardous
chemicals, (E) the location at the facility of the hazardous chemicals and (F) an indication
of whether the owner elects to withhold location information of a specific chemical
from disclosure to the public under Section 324 of the Emergency Planning and Community Right-to-Know Act of 1986.
(3) "Hazardous chemical" means a chemical for which a material safety data sheet
is required under the Occupational Safety and Health Act of 1970 (15 USC 651 et seq.)
or a chemical on a list required to be filed under section 22a-609.
(b) On or before March 1, 1990, and annually thereafter, the owner or operator of any
facility required to prepare or have available a material safety data sheet for a hazardous
chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated thereunder shall, for any such hazardous chemical present at the facility in an
amount equal to or in excess of the minimum threshold level specified in Part 370 of
Title 40 of the Code of Federal Regulations, as amended from time to time, prepare and
submit an emergency and hazardous chemical inventory form containing tier I or tier
II information to the appropriate local emergency planning committee, the commission
and the fire department with jurisdiction over the facility. The owner or operator may
comply with this section by (1) providing information on the inventory form on each
element or compound in the mixture which is a hazardous chemical or (2) providing
information on the inventory form on the mixture itself.
(c) (1) The owner or operator of a facility submitting an emergency and hazardous
chemical inventory form in accordance with subsection (b) of this section shall provide
tier II information for a facility to the commission, a local emergency planning committee or a fire department with jurisdiction over the facility upon request of such commission, committee or department.
(2) Any state or municipal official may have access to tier II information submitted
in accordance with subsection (b) of this section upon submitting a request to the commission or the local emergency planning committee. Upon request for such information,
the commission or local committee shall request the owner or operator of the facility
for the tier II information and make available such information to the official.
(d) The owner or operator of a facility which files an inventory form under this
section shall, upon request of the fire department with jurisdiction over the facility,
allow such fire department to conduct an on-site inspection of the facility and provide to
the fire department specific location information on hazardous chemicals at the facility.
(P.A. 89-212, S. 8; P.A. 97-124, S. 3, 16.)
History: P.A. 97-124 made a technical change in Subsec. (a)(3) and amended Subsecs. (b) and (c) to provide that the
reporting requirements under this section shall apply to hazardous chemicals for which minimum threshold amounts are
specified in certain federal regulations, effective June 6, 1997.