Is a chemical that has an SDS stating physical and health hazards as "Hazards Not Otherwise Classified" required to be reported at or over the 10,000 pounds? (Or can it be withheld under the RTKL, another law or regulation, a privilege, or a court order?). WITH 1-AMINO-2-PROPANOL (1:1), ACETIC ACID, (2,4,5-TRICHLOROPHENOXY)-, COMPD. We're also happy to answer any questions agencies might have. (3)Other parties that the Department may consider, in its discretion, to have an appropriate interest in the testing request. The List of Lists is a consolidated list of chemicals subject to: It was prepared to help facilities handling chemicals determine, for a specific chemical, whether they may be subject to certain reporting requirements. Yes. Is a tax collector considered an agency under the RTKL? 2909, unless otherwise noted. You may be trying to access this site from a secured browser on the server. Persons living or working in Pennsylvania have access to this important information.. WCAIS Emergency planning notification under EPCRA section 302 (40 CFR Part 355); Emergency release notification under EPCRA section 304 (40 CFR Part 355); Toxic chemical release reporting under EPCRA section 313 (40 CFR Part 372); Hazardous substances release notification under CERCLA sections 102-103 (40 CFR Part 302); and. The RTKL allows five (5) business days for a response to be provided to a requestor and a verbal request will not expedite a response by the Right-to-Know Officer. )-, ANDROSTAN-3-ONE, 17-HYDROXY-2-(HYDROXYMETHYLENE)-17-METHYL-, (5.ALPHA.,17.BETA. Secure .gov websites use HTTPS Pennsylvania citizens and workers have a "right to know" about chemical hazards present where they live and work. The OOR has posted draft regulations here. These lists should be used as a reference tool, not as a definitive source of compliance information. You may be trying to access this site from a secured browser on the server. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Contact Information This is revision 9, dated March 2014. The Commonwealth Court in Current Status Inc. v. Hykel, 778 A.2d 781 (Pa. Please click here to see any active alerts. (5)OSHA list of toxic and hazardous substances found in 29 CFR Part 1910, Subpart Z (relating to toxic and hazardous substances). (2)EPA list of hazardous air pollutants prepared under section 112 of the Federal Clean Air Act (42 U.S.C.A. The law prohibits an agency from requiring a person to disclose the purpose or motive in requesting access to records. )-, ZINC, DICHLORO(4,4-DIMETHYL-5((((METHYLAMINO)CARBONYL)OXY)IMINO) PENTANENITRILE)-,(T-4), ZINCATE(2-), TETRACHLORO-, DIAMMONIUM, (T-4)-, ZIRCONATE(2-), HEXAFLUORO-, DIPOTASSIUM, (OC-6-11)-, 1-PROPANAMINE, 2-METHYL-N-(2-METHYLPROPYL)-, 1-PROPANOL, 2,3-DIBROMO-, PHOSPHATE (3:1), 1-PROPENE, 1,3-DICHLORO-, MIXT. Claims Information You may be trying to access this site from a secured browser on the server. A list of all hazardous substances that fall within the regulations listed by trade name along with details of all chemical ingredients of that substance which have been classified under the law as hazardous. The RTKL requires only the release of public records and allows for the charge of reasonable fees including, but not limited to, copying and postage. If you see "Show more" beneath a set of filters, click it to display the full list of filters. Claims Information As a result, all agencies must provide due process considerations to agency employees affected by a RTKL request. RCRA Halogenated Organic Compounds Section 502(b)(1) provides that an agency open records officer (AORO) must direct RTKL requests to other appropriate persons within the agency. PUBLIC RECORD REQUEST: Be advised when RTKL requests are submitted to this agency, the request itself becomes a public record subject to disclosure under the RTKL, if requested. These can be found on the RTKL Forms page of the OOR website. If you request records and are asked why, but you don't want to answer, one good approach is to politely remind the agency that your motive is not relevant to the request and to then respectfully decline to answer. Compliance It implements the planning and preparedness Requirements of the Emergency Planning and Community Right-to-Know Act. (3)The substance shall pose a danger if released into the environment in that it shall be considered toxic, hazardous or it shall be a contaminant subject to Statewide standards for emissions or discharges under current environmental statutes regulating the substance. A request should identify or describe the records sought with sufficient specificity to enable the Right-to-Know Officer to ascertain which records are being requested and shall include the name and mailing address to which a response should be addressed. SERVICE NUMBER (A) DELAYED (CHRONIC) IMMEDIATE (ACUTE) AP 2017-0403), that a a case-by-caseanalysis of several factors is needed to determine what records, if any, are available from a volunteer fire company. If I want state or local government records, can I just send the request to the OOR? Search public notices by typing keywords in the Search field below, or by checking one or more boxes beside the filters listed on the right side. uuid:07adba59-87a6-432f-bed2-9fe9168bbe24 Hazardous Substance List contains chemicals regulated by the Right to Know law, which lists chemical names in alphabetical order. A .gov website belongs to an official government organization in the United States. On Jan.1, 2009, the remaining portions of the law went into effect. (6)International Agency for Research on Cancer sublist, entitled Sufficient Evidence of Carcinogenicity in Animals.. It also imposes time limits within which an agency must respond to requests for public records, and provides a process whereby the requester may file an appeal when a request for information is denied in whole or part. Although the RTKL took effect on Jan. 1, 2009, all records in the possession of an agency are covered by the RTKL. 67.101 et seq. RTKL document requests are for public records, unless subject to an exemption from disclosure under the RTKL. Also, all appeals went to court, which can be expensive and tends to be a far more time-consuming process than an appeal to the OOR. Health & Safety Division pennsylvania right-to-know rhode island right-to-know vermont chemicals of high concern to children washington right-to-know chemical weapons convention (cwc) egypt: hazardous substances list: banned chemicals egypt: hazardous substances list: hazardous substances subject to permitting procedure health hazards 1146 0 obj <> endobj 1229 0 obj <> endobj 1143 0 obj <>stream (You can find a link to the form on the How to File a Right-to-Know Request page.) Does the RTKL provide for due process for agency employees? Those serve as guidance until formal regulations are approved. 390, No. 7348 (November 26, 2022). Proudly founded in 1681 as a place of tolerance and freedom. to the Department of Labor & Industry, unless you are sent a written request specifically asking for a copy of the form. Proudly founded in 1681 as a place of tolerance and freedom. 2010 RIGHT TO KNOW HAZARDOUS SUBSTANCE LIST Important "Public Employers: This list must be made available in your facility's Right to Know Central File. Requests for public records information under the RTKL relating to the: (1) Pennsylvania Parole Board (Parole Board); (2) Sexual Offender Assessment Board (SOAB); (3) Office of Victim Advocate (OVA); and (4) County Probation and Parole Officers' Firearm Education and Training Commission (FETC) shall be made and directed to: Pennsylvania Commission on Crime and Delinquency, Constables' Certification Education and Training System, Sheriff and Deputy Sheriff Education and Training System, Program and Practice Effectiveness Toolkit. Additions and deletions to the Hazardous Substance List. Premanufacture Notice Number . Not all volunteer fire companies are organized the same way in Pennsylvania, so there is no hard-and-fast rule across the state. OFFICE HOURS: The regular business hours of the Office of Attorney Generals RTKL Office are 8:30 to 5:00, Monday through Friday (except holidays and official office closings). What's the biggest change under the current Right-to-Know Law compared to the old Right-to-Know Act? Yes. The provisions of this Appendix A amended under section 3 of the act of October 5, 1984 (P. L. 734, No. Please refer to the following requirements in the appropriate part of the Code of Federal Regulations (CFR): The List of Lists is available in in the following formats: Please notethatthe Excel file does not contain: All appendices appear in the PDF version of the List of Lists. If the name of the chemical is not on the Approved List, the permittee may complete and submit the New Chemical Additives Request Form (3800-FM-BCW0486) with the MSDS sheet to DEP's Bureau of Clean Water at RA . When a request is denied or deemed denied, whether in whole or in part, the requester may file an appeal with the Office of Open Records, where it will be assigned to an Appeals Officer. numerous guides to assist agencies in responding to Right-to-Know requests, happy to answer any questions agencies might have. The Pennsylvania Worker and Community Right to Know Act created a system for communicating information about these chemicals and the hazards associated with them. H=E|[t;Cp:3s,XcZ|hcJ?Y"dUde"I)l-)x,>9Z{)ug&;)RDQc;>* Health & Safety Division Please note that private wells are The following Online Hazardous Survey Form program is being provided to allow employers to save and edit this survey electronically. Sometimes, another law or regulation allows or requires an agency to withhold records. )-, 2,6-PIPERIDINEDIONE, 4-[2-(3,5-DIMETHYL-2-OXOCYCLOHEXYL)-2-HYDROXYETHYL]-, [1S-[1.ALPHA.(S*),3.ALPHA.,5.BETA. The OOR updated itsProcedural Guidelineson Sept. 29, 2015. The appeal must state the grounds upon which the requester asserts that the record is public and should address any grounds stated by the agency for delaying or denying the request. A mommy makeover might be the perfect way to tackle the cosmetic and functional concerns you've experienced after having kids. (9)National Fire Protection Association list found in Fire Hazard Properties of Flammable Liquids, Gases, Volatile Solids (NFPA 325M), but only substances found on sublists for health items, categories 2, 3 and 4; sublist for reactivity items, categories 3 and 4; and sublists for flammability, categories 3 and 4. 1984 Act 159 - PA General Assembly. In general, an agency open records officer is immune from civil penalties for denying a request. The Office of Open Records has established an Official Fee Structure which governs the fees an agency may charge under the Right-to-Know Law. What are some types of information that are not available? The Pennsylvania Department of Labor & Industry has developed the Online Hazardous Substance Survey Form (HSSF) to assist you in reporting Generally, the best way to request records from a state or local agency in Pennsylvania is to use the OOR'sStandard RTK Request Form, whichmust be accepted by all agencies. 159) (35 P. S. 7303). On-site testing of environmental hazards. All Right-to-Know Law (RTKL) requests must be addressed to the Right-to-Know Officer (Open Records), as follows: Office of Attorney General The Pennsylvania Worker and Community Right to Know Act, Online Hazardous Substance Survey Form (HSSF), La Ley del Derecho a Saber del Trabajador y la Comunidad de Pennsylvania. The Pennsylvania Worker and Community Right to Know Act (Act 159 of 1984) created a system for communicating information about hazardous materials used, produced or stored at work sites within the commonwealth. You may be trying to access this site from a secured browser on the server. For gasoline (all grades combined) at a retail gas station, the threshold level . (b)Interested parties for purposes of consultation with respect to a request for on-site testing include the following: (1)The employer responsible for completing the Environmental Hazard Survey for the workplace for which testing is required. Most of the current RTKLtook effect on Jan.1, 2009, but the entire law took effect in three stages: Under the current RTKL, all state and local government agency records are presumed to be public. The current Right-to-Know Law was introduced by Senator Dominic Pileggi as Senate Bill 1 onMarch 29, 2007. Right-to-Know Law Statute ( ) and Legislative History () RTKL Flowchart: Request through Appeal ( , updated Oct. 31, 2018) RTKL Case Law Index (, updated March 3, 2022) FAQ When did the current Right-To-Know Law take effect? You may search the Pennsylvania Code online database by entering information in the box below. Official websites use .gov This is a part of: 301 CMR Regulation 301 CMR 41.00: Toxic or hazardous substance list Companies that use large quantities of toxic and hazardous chemicals annually report the use of these chemicals to MassDEP. 1317 and 1321). 7412). Clicking on items in the results list will display the documents. The Massachusetts Substance List is contained in 105 CMR 670.000: Appendix A. Act 1984-159 - Pennsylvania Worker and Community Right to Know . You are not required to state a reason for making a request for records. Facilities with chemicals in quantities that equal or exceed the following thresholds must report: For Extremely Hazardous Substances (EHSs) (40 CFR part 355 Appendix A and Appendix B ), either 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower. Every record goes through the same two-part analysis to determine whether it is a public record and subject to release: 1. Section 304 of the Emergency Planning and Community Right-to-Know Act requires this report within 30 days, but Pennsylvania's Act 165 requires this to be done in 14 days. On July 1, 2008, the law required all state contracts exceeding $5,000 to be posted on the. (b)The Department will evaluate the appropriateness of designing hazardous substances as special hazardous substances based on the following criteria: (1)The substance shall be one which is on the Departments Hazardous Substance List. The Pennsylvania Worker and Community Right to Know Act (Act 159 of 1984) created a system for communicating information about hazardous materials used, produced or stored at work sites within the commonwealth. updated draft was posted on Dec. 30, 2020. (6)Additional information the Department considers pertinent to the request. WC Insurance Search Form Local tax collectors are not considered "agencies" under the RTKL due to the Pennsylvania Local Tax Collection Law, 72 Pa. Cons. )-, 6,9-METHANO-2,4,3-BENZODIOXATHIEPIN, 6,7,8,9,10,10-HEXACHLORO-1,5,5A,6,9,9A-HEXAHYDRO-, 3-OXIDE, (3.ALPHA.,5A.BETA.,6.ALPHA.,9.ALPHA.,9A.BETA. OAG Administrative Policy Right to Know, Send Drug and Child Predator Anonymous Tips, Community Drug Abuse Prevention Grant Program, ACRE Agriculture, Communities and Rural Environment, Pennsylvania State Coroners Education Board, Voters Rights in Effect at the Polling Places on Election Days, $.25/printed page for the first 1,000 pages, $.20/printed page for each page after the first 1,000 pages, Current cost for thumb-drives/USBs (which will vary with the storage size capacity), $5.00 Certifications (stating that records are true copiesnot authenticating the record). The law states that anagency cannot limit the number of records which may be requested or made available for inspection or duplication. Before filing a Right-To-Know request, consider using one of the following options: If you are seeking information about any of the following DEP topics, please click on the links below: Please visit DEP's Site Map page for a complete listing of the content available on our website. Upon the written request of the owner or employer, the Department will detail, in writing, the type and methods of testing and provide technical assistance to aid the owner or employer which chooses to conduct testing instead of the Department. CONTRACTS: If you are requesting a state contract, certain state contracts are available on the Treasury Departments publicly accessible website and can be viewed by searching the Contracts e-Library, located at www.patreasury.org. Panel Providers Review your records management policy and ensure that all employees comply with it. In general, an agency must submit an affidavit sworn to under the penalty of perjury to support its assertion. 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