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COMMITTEE REPORT
February 28, 2001
H. 3425
S. Printed 2/28/01--H.
Read the first time February 1, 2001.
To whom was referred a Bill (H. 3425) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-56-200 of the 1976 Code, as last amended by Act 258 of 2000, is further amended by adding at the end:
"(C) The provisions of Section 311(d) (42 USC 11021), as contained in 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 Public Law 102-380, October 6, 1992), are incorporated by reference as the law of this State, except that for purposes of South Carolina law, the following is added at the end of Section 311(d):
'(3) An owner operator of a facility receiving hazardous chemicals under the Occupational Safety and Health Act of 1970, and regulations promulgated under that act, for which no previous material safety data sheets have been reported, as otherwise required under this act, shall provide material safety data sheets within three business days after receiving these hazardous chemicals on site. The material safety data sheets may be sent by personal delivery, by mail, by electronic mail, or by fax. For purposes of this section, material safety data sheets sent by mail are considered received as of the postmark date.'"
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
JAMES H. HARRISON, for Committee.
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 subsection 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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