South Carolina General Assembly
113th Session, 1999-2000

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Bill 4798


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4798
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000317
Primary Sponsor:                  Knotts
All Sponsors:                     Knotts
Drafted Document Number:          l:\council\bills\nbd\11907ac00.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Emergency Planning, Community Right to 
                                  Know Act of 1986; Health and Environmental 
                                  Control, Hazardous Waste


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000317  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-202 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986, TO ADOPT THIS FEDERAL LAW AS THE LAW OF THIS STATE, AND TO PROVIDE FOR AN EXCEPTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 44-56-202. The Department of Health and Environmental Control is empowered to implement and enforce The Emergency Planning and Community Right to Know Act of 1986 (Title III of the Superfund Amendments and Reauthorization Act, Public Law 99-499, October 17, 1986, as amended by PL 102-380, October 6, 1992) and its subsequent amendments which pursuant to this section are incorporated and adopted as the law of this State. However, for purposes of implementing and enforcing Section 311(d) (USC 11021) in South Carolina that section is deemed to read as follows:

(d) Initial Submission and Updating:

(1) the initial material safety data sheet or list required under this section with respect to a hazardous chemical shall be provided before the later of:

(A) three months after the owner or operator of a facility is required to prepare or have available a material safety data sheet for the chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated under that act, or

(B) seventy two hours prior to receiving on site by an owner or operator of hazardous chemicals under the Occupational Safety and Health Act of 1970 for which no previous material safety data sheets had been reported as otherwise required under this act.

(2) Within three months following 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), a revised sheet shall be provided to such person."

SECTION 2. This act takes effect upon approval by the Governor.

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