§ 13-25-2-8 — Material safety data sheet

(a) The owner or operator of a facility that is
required to prepare or have available a material safety data sheet for a
hazardous chemical under the federal Occupational Safety and Health
Act (29 U.S.C. 651 through 658) and regulations adopted under the Act
shall submit a material safety data sheet for each chemical or,
preferably, a list of chemicals described in subsection (b) to each of the
following:
(1) The appropriate local emergency planning committee.
(2) The commission.
(3) The fire department that has jurisdiction over the facility.
(b) The list of chemicals referred to in subsection (a) includes the
following:
(1) A list of the hazardous chemicals for which a material safety
data sheet is required under the federal Occupational Safety and
Health Act (29 U.S.C. 651 through 658) and regulations adopted
under the Act grouped:
(A) in categories of health and physical hazards as set forth in
the federal Occupational Safety and Health Act (29 U.S.C. 651
through 658) and regulations adopted under the Act; or
(B) in other categories as the administrator may establish under
42 U.S.C. 11021.
(2) The chemical name or the common name of each chemical as
provided on the material safety data sheet.
(3) Any hazardous component of each chemical as provided on
the material safety data sheet.
(c) An owner or operator may meet the requirements of this section
with respect to a hazardous chemical that is a mixture by doing one (1)
of the following:
(1) Submitting a material safety data sheet for, or identifying on
a list, each element or compound in the mixture that is a
hazardous chemical. If more than one (1) mixture has the same
element or compound, only one (1) material safety data sheet or
one (1) listing of the element or compound is necessary.
(2) Submitting a material safety data sheet for, or identifying on
a list, the mixture.
(d) If an owner or operator of a facility submits a list of chemicals
under subsection (a), the owner or operator, upon request by the local
emergency planning committee, shall submit the material safety data
sheet for any chemical on the list to the committee.
(e) A local emergency planning committee, upon request by any
person, shall make available a material safety data sheet to the person
in accordance with section 14 of this chapter. If the local emergency
planning committee does not have the requested material safety data
sheet, the committee shall request the sheet from the facility owner or
operator and then make the sheet available to the person in accordance
with section 14 of this chapter.
(f) The initial material safety data sheet or list required by this
section with respect to a hazardous chemical shall be provided not later
than three (3) months after the date the owner or operator of a facility
is required to prepare or have available a material safety data sheet for
the chemical under the federal Occupational Safety and Health Act (29
U.S.C. 651 through 658) and regulations adopted under the Act.
(g) A revised sheet shall be provided to a local emergency planning
committee not later than three (3) months after the date of a discovery
by an owner or operator of significant new information concerning an
aspect of a hazardous chemical for which a material safety data sheet
was previously submitted to the local emergency planning committee
under subsection (a).
[Pre-1996 Recodification Citation: 13-7-37-15.]

Legislative History

As added by P.L.1-1996, SEC.15.