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TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ENFORCE THE PROVISIONS OF THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPREHENSION AND LIABILITY ACT OF 1980, SO AS TO ADOPT THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986 AS THE LAW OF THIS STATE AND TO REQUIRE AN OWNER OF A FACILITY RECEIVING CERTAIN HAZARDOUS CHEMICALS TO PROVIDE MATERIAL SAFETY DATA SHEETS TO THE DEPARTMENT WITHIN THREE BUSINESS DAYS AFTER RECEIVING THESE CHEMICALS IF NO SUCH SHEETS HAVE BEEN PREVIOUSLY REPORTED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-56-200 of the 1976 Code is amended by adding at the end:
"(C) The provisions of Section 311 (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:
'(3) An owner or 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.
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