§ 95-191. Hazardous Substance List.
Part 2. Public Safety and Emergency Response Right to Know.
§ 95‑191. HazardousSubstance List.
(a) All employers whomanufacture, process, use, store, or produce hazardous chemicals, shall compileand maintain a Hazardous Substance List which shall contain the followinginformation for each hazardous chemical stored in the facility in quantities of55 gallons or 500 pounds, whichever is greater:
(1) The chemical name orthe common name used on the MSDS or container label;
(2) The maximum amountof the chemical stored at the facility at any time during a year, using thefollowing ranges:
Class A, whichshall include quantities of less than 55 gallons or 500 pounds;
Class B, whichshall include quantities of between 55 gallons to 550 gallons, and quantitiesof between 500 pounds and 5,000 pounds; and
Class C, whichshall include quantities of between 550 gallons and 5500 gallons, andquantities between 5,000 pounds and 50,000 pounds; and
Class D, whichshall include quantities of greater than 5500 gallons or 50,000 pounds; and
(3) The area in thefacility in which the hazardous chemical is normally stored and to what extentthe chemical may be stored at altered temperature or pressure.
(b) The HazardousSubstance List shall be updated quarterly if necessary, but not less often thanannually; however, if a chemical is deleted from, or added to, the HazardousSubstance List, or if the quantity changes sufficiently to cause the chemicalto be in a different class as defined in subsection (a) of this section, theemployer shall update the Hazardous Substance List to reflect those changes assoon as practicable, but in any event within 30 days of such change.
(b1) In lieu of theinformation required by subdivisions (a)(1) through (a)(3), employers maysubstitute the information specified in section 312(d)(2) of the SuperfundAmendments and Reauthorization Act of 1986, P.L. 99‑499.
(c) The HazardousSubstance List may be prepared for the facility as a whole, or for each area ina facility where hazardous chemicals are stored, at the option of the employerbut shall include only chemicals used or stored in North Carolina. (1985,c. 775, s. 1; 1987, c. 489, s. 3.)