Document Citation: 35 P.S. § 6022.205

Header:

PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 29E. HAZARDOUS MATERIAL EMERGENCY PLANNING AND RESPONSE ACT
CHAPTER 2. HAZARDOUS MATERIAL PROTECTION


Date:
08/31/2009

Document:

§ 6022.205. Emergency reporting requirements


(a) REQUIREMENTS.-- The owner or operator of a facility in this Commonwealth shall comply with the following requirements:

(1) The owner or operator of a facility in this Commonwealth covered
under section 302 of SARA, Title III, shall comply with the emergency
planning and notification requirements under sections 302 and 303 of
SARA, Title III.

(2) The owner or operator of a facility in this Commonwealth covered
under section 311 of SARA, Title III, shall comply with the reporting
requirements under sections 311 and 312 of SARA, Title III.

(3) The owner or operator of a facility in this Commonwealth subject to
section 313 of SARA, Title III, shall comply with the toxic chemical
release form requirements under section 313 of SARA, Title III.

(4) The owner of a facility in this Commonwealth subject to the
requirements of paragraphs (2) and (3) shall comply with the procedures
for providing information under section 323 of SARA, Title III.

(5) The owner or operator of a facility in this Commonwealth covered
under section 304 of SARA, Title III, shall comply with the
notification requirements of section 304 of SARA, Title III, and
section 206 of this act

(A.1) REPORT TO HEALTH CARE PROVIDER.-- When an employee of a facility is exposed to a substance covered by SARA, Title III, the owner or operator of the facility shall provide to the health care provider the appropriate material safety data sheet necessary for appropriate medical treatment.

(b) DOCUMENT REPOSITORY.-- For the purposes of complying with the reporting requirements set forth in sections 311, 312 and 313 of SARA, Title III, the owner or operator of any facility shall submit its material safety data sheets or chemical lists, emergency and hazardous chemical inventory forms and toxic chemical release forms to the Department of Labor and Industry, which is the council's repository for those documents at the State level.

(c) ROLLING STOCK.-- The owner or operator of a property that has one or more rolling stock, whether owned or leased, located within its property boundaries for any period of time in excess of five continuous days and containing an extremely hazardous substance in excess of the threshold planning quantity shall notify the council and the appropriate local committee of that fact and shall assist the local committee in preparing an emergency response plan, which contains those provisions that either the council or the appropriate local committee directs, in order to deal with any potential release of an extremely hazardous substance from that rolling stock.

(d) FACILITY DUTIES.-- The owner or operator of any facility that manufactures, produces, uses, transfers, stores, supplies or distributes any hazardous material after the effective date of this subsection shall:

(1) Provide the emergency planning notification and information
required by sections 302(c) and 303(d) of SARA, Title III, to the
council and the appropriate local emergency planning committee within
five business days after an extremely hazardous substance is first
present at such facility.

(2) Submit its material safety data sheets or chemical lists and
emergency hazardous chemical inventory forms to the Department of Labor
and Industry, the appropriate local emergency planning committee and
the fire department with jurisdiction over the facility within five
business days after the hazardous chemical is first present at the
facility. The owner or operator shall also comply with the
requirements of section 311(d)(2) of SARA, Title III, within five
business days.