Section 620.210  Material Safety Data Sheets (MSDS)

a)         Submission of MSDS/List

            The owner or operator of any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act 29 USCA 651 et seq.) and regulations promulgated under that Act (29 CFR 1910) shall submit a material safety data sheet for each chemical, or a list of such chemicals as stipulated in Section 311(A)(2) of the Act, and 40 CFR 370, to each of the following:

1)         Manager, Hazardous Materials Compliance and Enforcement, Illinois Emergency Management Agency, 110 East Adams, Springfield, Illinois 62701-1109.

2)         The local emergency planning committee of the planning district in which the facility is located.

3)         The fire department with jurisdiction over the facility.

b)         Content of a List of Chemicals

            The list of chemicals referred to in subsection (a) shall include each of the following:  

1)         A list of the hazardous chemicals for which a material safety data sheet is required under the Occupational Safety and Health Act, grouped in categories of health and physical hazards as set forth under the Act, or in other categories as prescribed by the USEPA (Appendix A of 40 CFR 355, April 22, 1987).

2)         The chemical name or common name of each such chemical as provided on the material safety data sheet.

3)         Any hazardous component of each such chemical as provided on the material safety data sheet.

c)         MSDS Due Date

            The material safety data sheet or the alternative list must be supplied within 3 months after the facility is required to have available an MSDS under the Occupation Safety and Health Act and regulations promulgated under that Act.

d)         Minimum Threshold Level

1)         As provided under 40 CFR 370.20 (October 15, 1987), the minimum threshold level for reporting under this Section shall be according to the following schedule:   The owner or operator of a facility subject to this Section shall submit an MSDS within 3 months after the facility first becomes subject to this Section, for all hazardous chemicals present at the facility in amounts equal to or greater than 10,000 pounds, or that are extremely hazardous substances present at the facility in an amount greater than or equal to 500 pounds (or 55 gallons) or TPQ, whichever is less.

2)         The minimum threshold for reporting in response to requests for submission of an MSDS pursuant to this Section shall be zero.

e)         MSDS From Facility on Request

            The owner or operator of a facility shall submit a material safety data sheet requested under Section 311(c)(1) of the Act to the local emergency planning committee within 5 work days following receipt of the request.

f)         A local emergency planning committee, upon request by any person, shall make available an MSDS to the person in accordance with Section 620.220 of this Subpart and Section 324 of the Act.  If the local emergency planning committee does not have the requested MSDS, the committee shall request the sheet from the facility operator or owner and make the sheet available to the person in accordance with Section 620.220 of this Subpart and Section 324 of the Act.

g)         Submission of Revised MSDS

            Within 3 months following the discovery by a facility owner or operator of significant new information concerning an aspect of a hazardous chemical for which an MSDS was previously submitted, a revised MSDS must be provided to the following:

1)         Manager, Hazardous Materials Compliance and Enforcement, Illinois Emergency Management Agency, 110 East Adams, Springfield, Illinois 62701-1109.

2)         The local emergency planning committee of the planning district in which the facility is located.

3)         The fire department with jurisdiction over the facility.

(Source:  Amended at 22 Ill. Reg. 1294, effective January 1, 1998)