Indiana Code
Chapter 2. Emergency Planning and Notification
13-25-2-8. Material Safety Data Sheet

Sec. 8. (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.]
As added by P.L.1-1996, SEC.15.

Structure Indiana Code

Indiana Code

Title 13. Environment

Article 25. Hazardous Substances

Chapter 2. Emergency Planning and Notification

13-25-2-1. Applicability of Chapter

13-25-2-2. Applicability of Chapter; Designation of Additional Facilities

13-25-2-3. Notice That Facility Is Subject to Requirements of Chapter

13-25-2-4. Notice to Administrator

13-25-2-5. Local Emergency Plan

13-25-2-6. Notice of Release of Substances

13-25-2-6.5. Evaluation of Notification Options; Toll Free Telephone Line to Be Provided

13-25-2-7. Notice From Owner or Operator

13-25-2-8. Material Safety Data Sheet

13-25-2-9. Emergency and Hazardous Chemical Inventory Form; Tier Ii Information

13-25-2-10. Filing of Emergency and Hazardous Chemical Inventory Form With Commission

13-25-2-10.4. Annual Fee; Exceptions

13-25-2-10.5. Local Emergency Planning Right to Know Fund

13-25-2-10.6. Distribution of Money in Local Emergency Planning and Right to Know Fund

13-25-2-10.7. Withholding Funding for Noncompliance

13-25-2-11. Fire Department; Access for Onsite Inspection; Notice of Location Information

13-25-2-12. Permission to Withhold Chemical Name and Identity Information

13-25-2-13. Duty to Release Chemical Identity Information

13-25-2-14. Disclosure to General Public

13-25-2-15. Civil Actions by Persons

13-25-2-16. Civil Actions by State or Unit of Local Government

13-25-2-17. Civil Actions by Commission or Local Emergency Planning Committee

13-25-2-18. Costs, Attorney's Fees, and Expert Witness Fees; Enforcement Under Federal or State Law; Intervention

13-25-2-19. Commission's Right of Entry, Inspection, and Copying