Frequent Questions

LEPC request for MSDS for substance not defined as a hazardous chemical

Under Section 311, (40 CFR §370.10(b)), a local emergency planning committee (LEPC) can request a material safety data sheet (MSDS) from a facility for a hazardous chemical which is present at the facility below 10,000 pounds.  Would the facility need to supply an MSDS to the LEPC if the material in question was not a hazardous chemical as defined under 40 CFR §370.66?  For example, could an LEPC request that facility submit an MSDS for a chemical which is used in a research laboratory under the direct supervision of technically qualified individual?

The LEPC can only request the MSDS for a substance which defined as a hazardous chemical under 40 CFR §370.66.  Since a substance used in a research laboratory under the direct supervision of a technically qualified individual is not a hazardous chemical as defined by 40 CFR §370.66, the facility does not need to submit the MSDS for this substance to the LEPC.

 

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