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e-CFR data is current as of October 22, 2020

Title 40Chapter ISubchapter JPart 370Subpart C → Subject Group


Title 40: Protection of Environment
PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW
Subpart C—Reporting Requirements


How to Comply With MSDS (or SDS) Reporting

§370.30   What information must I provide and what format must I use?

(a) You must report the hazardous chemicals present at your facility that meet or exceed the applicable threshold levels (threshold levels are in §370.10) by either:

(1) Submitting an MSDS (or SDS) for each hazardous chemical present at your facility that meet or exceed its applicable threshold level; or

(2) Submitting a list of all hazardous chemicals present at your facility at or above the applicable threshold levels. The hazardous chemicals on your list must be grouped by the specific health and physical hazards as defined in §370.66. The list must contain the chemical or common name of each hazardous chemical as provided on the MSDS (or SDS).

(b) Within 30 days of a request by the LEPC (as provided in §370.10(b)), you must also submit an MSDS (or SDS) for any hazardous chemical present at your facility for which you have not submitted an MSDS (or SDS).

[73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38109, June 13, 2016]

§370.31   Do I have to update the information?

MSDS (or SDS) reporting stated in §370.30 is a one-time requirement. However, you must update the information in all of the following ways:

(a) Submit a revised MSDS (or SDS) after you discover significant new information concerning a hazardous chemical for which an MSDS (or SDS) was submitted.

(b) Submit an MSDS (or SDS), or a list as described in §370.30(a), for any new hazardous chemical for which you become subject to these reporting requirements.

(c) Submit, as requested by the LEPC, an MSDS (or SDS) for any hazardous chemical present at your facility which you have not already submitted, as provided in §370.30(b).

[73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016]

§370.32   To whom must I submit the information?

(a) You must submit an MSDS (or SDS) or list, as provided in §370.30(a), to the LEPC, the SERC, and the fire department with jurisdiction over your facility.

(b) You must submit an MSDS (or SDS) requested by the LEPC, as provided in §370.30(b), to the LEPC.

[73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016]

§370.33   When must I submit the information?

(a) You must submit an MSDS (or SDS) or a list, as provided in §370.30(a), for a hazardous chemical subject to the reporting requirements of this part by October 17, 1987, or within 3 months after you first become subject to the reporting requirements of this part (as provided in §§370.30 and 370.31(b)).

(b) You must submit a revised MSDS (or SDS), as provided in §370.31(a), within 3 months after discovering significant new information about a hazardous chemical for which an MSDS (or SDS) was submitted.

(c) You must submit an MSDS (or SDS) requested by the LEPC, as provided in §§370.30(b) and 370.31(c), within 30 days of receiving the request.

[73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016]

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