)]-, ACETAMIDE, N-[4-(5-NITRO-2-FURANYL)-2-THIAZOLYL]-, ACETAMIDE, N,N'-[1,1'-BIPHENYL]-4,4'-DIYLBIS-, ACETAMIDE, 2,2-DICHLORO-N-[2-HYDROXY-1-(HYDROXYMETHYL)-2-(4-NITROPHENYL)ETHYL]-, [R-(R*,R*)]-, ACETIC ACID, (2,4-DICHLOROPHENOXY)-, BUTYL ESTER, ACETIC ACID, (2,4-DICHLOROPHENOXY)-, ISOOCTYL ESTER, ACETIC ACID, (2,4-DICHLOROPHENOXY)-, METHYL ESTER, ACETIC ACID, (2,4-DICHLOROPHENOXY)-, PROPYL ESTER, ACETIC ACID, (2,4-DICHLOROPHENOXY)-, 1-METHYLETHYL ESTER, ACETIC ACID, (2,4-DICHLOROPHENOXY)-, 1-METHYLPROPYL ESTER, ACETIC ACID, (2,4-DICHLOROPHENOXY)-, 2-BUTOXYETHYL ESTER, ACETIC ACID, (2,4-DICHLOROPHENOXY)-, 2-BUTOXYMETHYLETHYL ESTER, ACETIC ACID, (2,4-DICHLOROPHENOXY)-, 4-CHLORO-2-BUTENYLESTER, ACETIC ACID, (2,4,5-TRICHLOROPHENOXY)-, BUTYL ESTER, ACETIC ACID, (2,4,5-TRICHLOROPHENOXY)-, COMPD. )-, CYCLOHEXANE, 5-ISOCYANATO-1-(ISOCYANATOMETHYL)-1,3,3-TRIMETHYL-, CYCLOPROPANECARBOXYLIC ACID, 2,2-DIMETHYL-3-(2-METHYL-1-PROPENYL)-, 2-METHYL-4-OXO-3-(2,4-PENTADIENYL)-2-CYCLOPENTEN-1-YL ESTER, [1R-[1.ALPHA.[S*()],3.BETA. If an agency denies a record in bad faith, acourt may impose a civil penalty of up to $1,500 per record. (2)A reasonable description or name of substances requested to be tested. Act 1984-159 - Pennsylvania Worker and Community Right to Know . This is revision 9, dated March 2014. includes 2,335 substances that have been identified by the department to pose health hazards and/or safety concerns to workers and citizens or For example, there's very little sense in requiring a formal RTKL request for a copy of meeting minutes.). (a) Chemicals not listed in Appendix A which appear in future compilations or issues of the following lists will automatically be added to the Hazardous Substance List in Appendix A upon publication of a notice of the automatic additions in the Pennsylvania Bulletin. The results will be displayed in a sorted list with the Pennsylvania Code citation and document description indicated. RTKL Flowchart: Request through Appeal ( , updated Oct. 31, 2018) Pennsylvania citizens and workers have a "right to know" about chemical hazards present where they live and work. The RTKL allows five (5) business days for a response to be provided to a requestor and a verbal request will not expedite a response by the Right-to-Know Officer. Every record goes through the same two-part analysis to determine whether it is a public record and subject to release: 1. If access is denied, in whole or in part, the requester may file an appeal with the Appeals Officer, within fifteen (15) business days of the mailing date of the denial or within 15 business days of a deemed denial, to the following address: Office of Attorney General Information about the subjects below can be found on other Commonwealth of Pennsylvania websites. Secure .gov websites use HTTPS Workers' Compensation Insurance Please enable scripts and reload this page. (3)The specific reasons why the requested testing is desired. The Pennsylvania Worker and Community Right to Know Act created a system for communicating information about these chemicals and the hazards associated with them. If the name of the chemical is not on the Approved List, the permittee may complete and submit the New Chemical Additives Request Form (3800-FM-BCW0486) with the MSDS sheet to DEP's Bureau of Clean Water at RA . On July 1, 2008, the law required all state contracts exceeding $5,000 to be posted on the. Should I use the RTKL? Please direct comments or questions to. Workers' Compensation Forms Section 502(b)(1) provides that an agency open records officer (AORO) must direct RTKL requests to other appropriate persons within the agency. Implemented by the Administrative Council on Toxics Use Reduction. The provisions of this Chapter 323 adopted August 1, 1986, effective December 1, 1986, 16 Pa.B. Under the RTKL, an agency has the burden of proving that is is permitted to (or, in some cases, required to) withholda record. It provides the regulations and statutes applicable to the chemical. (6)International Agency for Research on Cancer sublist, entitled Sufficient Evidence of Carcinogenicity in Animals.. Within this program, you will find a copy of the Department of Labor & Industrys Hazardous Substance List (amended August 1989). WC Insurance Search Form If a separate statute authorizes an agency to charge a set amount for a certain type of record, the agency may charge no more than that statutory amount. 670.010 Download PDF Current through Register 1485, December 23, 2022 Section 670.010 - The Massachusetts Substance List (A) Explanation. Starting January 1, 2023, all follow-up spill reports must be submitted online. WITH 2,2',2"-NITRILOTRIS[ETHANOL] (1:1), ACETIC ACID, (2,4,5-TRICHLOROPHENOXY)-, SODIUM SALT, ACETIC ACID, (2,4,5-TRICHLOROPHENOXY)-, 2-BUTOXYETHYL ESTER, ACETIC ACID, MERCAPTO-, 1,2-ETHANEDIYL ESTER, ALUMINATE(1-), TETRAHYDRO-, LITHIUM, (T-4)-, ANDROST-4-EN-3-ONE, 17-HYDROXY-, (17.BETA. information about hazardous chemicals to be communicated to Pennsylvanias workers and citizens. Can an agency limit the number of requests that a requester can make? Vol. (b)The Department will evaluate the appropriateness of designating hazardous substances as environmental hazards based on the following criteria: (2)The substance shall be regulated under Federal, State, county or municipal environmental statutes. If the agency still refuses to disclose the record, acourt may impose a penalty of up to $500 per day until the record is disclosed. Chapter 323 - Hazardous Substance List. If you request records and are asked why, but you don't want to answer, one good approach is to politely remind the agency that your motive is not relevant to the request and to then respectfully decline to answer. (4)The name, address and location of the company and workplace or work area where the testing is requested to be conducted. To obtain access to DEP information under the Pennsylvania Right-to-Know Law (RTKL), you can complete the online form listed below and submit it electronically, or print it out and It remains the agencys responsibility to respond to the requester and to furnish copies or perform redaction if needed for any non-public parts of the records. To assist agencies, the OOR has posted numerous sample affidavits on its website which can be downloaded and modified for agency use. application/pdf Make sure when you file a request, you are seeking records and not asking for legal advice, opinions or guidance. It was signed into lawon Feb.14, 2008. (5)OSHA list of toxic and hazardous substances found in 29 CFR Part 1910, Subpart Z (relating to toxic and hazardous substances). (2)EPA list of hazardous air pollutants prepared under section 112 of the Federal Clean Air Act (42 U.S.C.A. The agencies have delegated the task of tax collection to the collectors, as a third party, and the records attendant to performing that governmental function cannot be shielded from view even though the tax collector is not itself an agency. WITH 1-AMINO-2-PROPANOL (1:1), BENZENESULFONIC ACID, 4-HYDROXY-, ZINC SALT (2:1), BENZENESULFONIC ACID, 4-METHYL-, METHYL ESTER, BENZIMIDAZOLE, 4,5-DICHLORO-2-(TRIFLUOROMETHYL)-, BICYCLO(2.2.1)HEPTANE-2-CARBONITRILE, 5-CHLORO-6-((((METHYLAMINO)CARBONYL)OXY)IMINO)-,(1S-(1-ALPHA, 2-BETA, 4-SLPHA, 5-ALPHA, 6E))-, BICYCLO[2.2.1]HEPTAN-2-OL, 1,7,7-TRIMETHYL-, ENDO-, BICYCLO[2.2.1]HEPTAN-2-ONE, 1,7,7-TRIMETHYL-, BICYCLO[3.1.1]HEPT-2-ENE, 2,6,6-TRIMETHYL-, BITUMENS, EXTRACTS OF STEAM REFINED AND AIR REFINED, BOOT AND SHOE MANUFACTURE AND REPAIR (CERTAIN EXPOSURES), BORIC ACID (H3BO3), TRIS(1-METHYLETHYL) ESTER, BORIC ACID (H3BO3), TRIS(2-METHYLPROPYL) ESTER, BORON TRIFLUORIDE COMPOUND WITH METHYL ETHER(1:1), BORON, TRIFLUORO[1,1'-OXYBIS[ETHANE]]-, (T-4)-, BUTANAMIDE, N-(2,4-DIMETHYLPHENYL)-3-OXO-, BUTANEDIOIC ACID, [(DIMETHOXYPHOSPHINOTHIOYL)THIO]-, DIETHYL ESTER, BUTANEDIOIC ACID, 2,3-DIHYDROXY- [R-(R*,R*)]-, COPPER(2+) SALT (1:1), BUTANEDIOIC ACID, 2,3-DIHYDROXY- [R-(R*,R*)]-, DIAMMONIUM SALT, CARBAMIC ACID, [1-[(BUTYLAMINO)CARBONYL]-1H-BENZIMIDAZOL-2-YL]-, METHYL ESTER, CARBAMIC ACID, METHYL-,O-(((2,4-DIMETHYL-1, 3-DITHIOLAN-2-YL)METHYLENE)AMINO)-, CARBAMIC ACID, METHYLNITROSO-, ETHYL ESTER, CARBAMODITHIOIC ACID, DIETHYL-, 2-CHLORO-2-PROPENYL ESTER, CARBAMODITHIOIC ACID, 1,2-ETHANEDIYL ESTER, CARBAMOTHIOIC ACID, BIS(1-METHYLETHYL)-, S-(2,3-DICHLORO-2-PROPENYL) ESTER, CARBONOCHLORIDOTHIOIC ACID, S-PROPYL ESTER, CARBONODITHIOIC ACID, O-ETHYL ESTER, POTASSIUM SALT, CHLORDANE (TECHNICAL MIXTURE AND METABOLITES), CHROMIC ACID (H2CRO4), BIS(1,1-DIMETHYLETHYL) ESTER, CHROMIC ACID (H2CRO4), CALCIUM SALT (1:1), CHROMIC ACID (H2CRO4), LEAD(2+) SALT (1:1), CHROMIC ACID (H2CRO4), MAGNESIUM SALT (1:1), CHROMIC ACID (H2CRO4), STRONTIUM SALT (1:1), CHROMIC ACID (H2CR2O7), CALCIUM SALT (1:1), COAL TAR PITCH VOLATILES AS BENZENE SOLUBLES, COAL TARS (DURING DESTRUCTIVE DISTILLATION). List . Workers' Compensation Forms jpatel No fee may be imposed for an agency's review of a record to determine whether the record is subject to access under the RTKL. Hazardous Substance List contains chemicals regulated by the Right to Know law, which lists chemical names in alphabetical order. Emergency Planning and Community Right-to-Know Act (EPCRA); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); and. This list is also referred to as the Option 2 or check-off list. You are not required to state a reason for making a request for records. If such a request is denied and appealed to the OOR, the agency will be directed to notify appropriate third parties who can complete this form to request Direct Interest Participant status from the OOR. Some of the records agencies may withhold under the 30 exceptions in the RTKL include: Yes. 67.101 et seq. 5511.4c. Except as provided by 323.5 (relating to automatic additions to Hazardous Substance List), the Department will add or delete substances from the list contained in Appendix A only following public notice, hearings and publication of a rulemaking under the act of July 31, 1968 (P. L. 769, No. How does an agency provide evidence to meet its burden of proof? (b)Interested parties for purposes of consultation with respect to a request for on-site testing include the following: (1)The employer responsible for completing the Environmental Hazard Survey for the workplace for which testing is required. endstream endobj 1310 0 obj <>/Encoding<>>>>> endobj 1101 0 obj <> endobj 1099 0 obj <> endobj 1100 0 obj <> endobj 1102 0 obj <> endobj 1191 0 obj <> endobj 1113 0 obj <> endobj 1124 0 obj <> endobj 1135 0 obj <> endobj 1136 0 obj <> endobj 1137 0 obj <> endobj 1138 0 obj <> endobj 1139 0 obj <> endobj 1140 0 obj <> endobj 1141 0 obj <> endobj 1142 0 obj <> endobj 1078 0 obj <> endobj 1081 0 obj <> endobj 1084 0 obj <> endobj 1087 0 obj <> endobj 1090 0 obj <> endobj 1093 0 obj <> endobj 1096 0 obj <> endobj 1225 0 obj <> endobj 1217 0 obj <> endobj 1224 0 obj <>stream Some agencies also have their own forms, whichyou may find to bemore useful. Claims Information 212), referred to as the Right-to-Know Law.". If you do not have this number you many contact the DLT at (401) 462-8570, press option 5. Health Care Services Review EDI All Right-to-Know Law ("RTKL") requests must be addressed to the Right-to-Know Officer (Open Records), as follows: Office of Attorney General Right-to-Know Officer 15th Floor, Strawberry Square Harrisburg, PA 17120. Is a tax collector considered an agency under the RTKL? Attend one or more training sessions, or contact the OOR to request that one be scheduled in your area. The Commonwealth of Pennsylvania's Right to Know Law (RTKL), 65 P. S. 67.101-67.3104, provides citizens the right of access to public records, and sets forth the conditions under which a document maintained by a Commonwealth agency is deemed a public record. However, in some cases knowing the answer could actually help an agency better respond to a request. What documents should PA Tier II Submitters have prepared to attach in the Tier II Reports? For gasoline (all grades combined) at a retail gas station, the threshold level . uuid:e4478006-a392-4ac6-ba94-63d190afac89 The List of Lists is a consolidated list of chemicals subject to: It was prepared to help facilities handling chemicals determine, for a specific chemical, whether they may be subject to certain reporting requirements. H=E|[t;Cp:3s,XcZ|hcJ?Y"dUde"I)l-)x,>9Z{)ug&;)RDQc;>* 2909, unless otherwise noted. Contact Information (E)]]-, D-GLUCOSE, 2-DEOXY-2-[[(METHYLNITROSOAMINO)CARBONYL]AMINO]-, DIBENZO[B,E][1,4]DIOXIN, 2,3,7,8-TETRACHLORO-, DIPYRIDO[1,2-A:2',1'-C]PYRAZINEDIIUM, 6,7-DIHYDRO-, DIPYRIDO[1,2-A:2',1'-C]PYRAZINEDIIUM, 6,7-DIHYDRO-, DIBROMIDE, DL-PHENYLALANINE, 4-[BIS(2-CHLOROETHYL)AMINO]-, ESTRA-1,3,5(10)-TRIENE-3,17-DIOL (17.BETA. The RTKL includes 30 exceptions agencies may use to withhold records. (a)Hazardous substances which are considered special hazardous substances because their particular toxicity, tumorigenicity, mutagenicity, reproductive toxicity, flammability, explosivity, corrosivity or reactivity pose a special hazard to health and safety. How should agencies respond to RTK requests? Any RTKL request received by the RTKL Office after the close of regular business hours shall be deemed to have been received by that office on the following business day. (1)Federal Environmental Protection Agency (EPA) list of toxic pollutants and hazardous substances prepared under sections 307 and 311 of the Federal Clean Water Act of 1977 (33 U.S.C.A. An agency can ask, but the requester is not required to answer. The law defines an employer as any individual, partnership, corporation or association doing business in the commonwealth. Fire Co.(OOR Dkt. Encourageall employees to make RTK requests a priority and let them know that the OOR is a good resource if they have questions. SERVICE NUMBER (A) DELAYED (CHRONIC) IMMEDIATE (ACUTE) Autopsy reports are publicly available under the Coroner's Act either: 1) on an annual basis for free when deposited with the County Prothonotary (30 days following the end of the calendar year), or 2) immediately for a fee from the Coroner prior to deposit with the County Prothonotary. OSHA Highly Hazardous Chemicals . DEP now offers streamlined alternatives to a Right-To-Know request that are easier to submit and result in quicker turnaround time. Publications (10)American Conference of Governmental Hygienists list found in Threshold Limit Value for Chemical Substances and Physical Agents in the Workplace.. (a)The Department may conduct, at its own expense and for good cause shown, on-site testing for environmental hazards or use other methods that will provide more exact information concerning the environmental hazards reported in the Environmental Hazard Survey under section 3(g) of the act (35 P. S. 7303(g)). But their records are subject to the law and must be made available as follows. CHEMICAL NAME OF HAZARDOUS . It also imposes time limits within which an agency must respond to requests for public records, and provides a process whereby the requester may file an appeal when a request for information is denied in whole or part. Make sure this person can effectively manage requests and deal with the public. Other substances the department added by regulation including: biodiesel, synthetic fuels and oils, tung oils, wood-derivative oils, inedible seed oils from plants and pure ethanol intended for blending with motor fuels. Are settlement agreements available to the public? Publications The Office of Open Records has prepared numerous guides to assist agencies in responding to Right-to-Know requests. Is a chemical that has an SDS stating physical and health hazards as "Hazards Not Otherwise Classified" required to be reported at or over the 10,000 pounds? Please note that private wells are If I want state or local government records, can I just send the request to the OOR? 5511.1-5511.42. The Pennsylvania Department of Labor & Industry has developed the Online Hazardous Substance Survey Form (HSSF) to assist you in reporting PATHS WITH N-METHYLMETHANAMINE (1:1), ACETIC ACID, (2,4,5-TRICHLOROPHENOXY)-, COMPD. Only substances on the Hazardous Substance List in Appendix A which have the letter E are part of the Environmental Hazard List. Health Care Services Review The OOR's list of Commonly Misdirected Requests includes more information. Only substances on the Hazardous Substance List in Appendix A which have the letter S are part of the Special Hazardous Substance List. I just send the request to the OOR has posted numerous sample affidavits on its which... Civil penalty of up to $ 1,500 per record for communicating information Hazardous... 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