2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446 › l › - Emergency Response Commission › Section 22a-610. - Preparation of emergency and hazardous chemical inventory form. Tier I and tier II information. Inspection of facility by fire department. Update of hazardous mitigation and evacuation plans by facilities at high risk of flooding, severe weather events or a rise in sea level. Enhanced community notification and emergency evacuation procedures.

(a) As used in this section:
(1) “Tier I information” means information in aggregate terms for hazardous chemicals in categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 and regulations promulgated thereunder, including (A) an estimate, in ranges, of the maximum amount of hazardous chemicals in each category present at the facility at any time during the preceding calendar year, (B) an estimate, in ranges, of the average daily amount of hazardous chemicals in each category present at the facility during the preceding calendar year and (C) the general location of hazardous chemicals in each category.
(2) “Tier II information” means information requested in accordance with subsection (c) for hazardous chemicals including, but not limited to, (A) the chemical name or common name of the chemical as provided on the material safety data sheet, (B) an estimate, in ranges, of the maximum amount of the hazardous chemicals present at the facility at any time during the preceding calendar year, (C) an estimate, in ranges, of the average daily amount of the hazardous chemicals present at the facility during the preceding calendar year, (D) a brief description of the manner of storage of the hazardous chemicals, (E) the location at the facility of the hazardous chemicals and (F) an indication of whether the owner elects to withhold location information of a specific chemical from disclosure to the public under Section 324 of the Emergency Planning and Community Right-to-Know Act of 1986.
(3) “Hazardous chemical” means a chemical for which a material safety data sheet is required under the Occupational Safety and Health Act of 1970 (15 USC 651 et seq.) or a chemical on a list required to be filed under section 22a-609.
(b) On or before March 1, 1990, and annually thereafter, the owner or operator of any facility required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated thereunder shall, for any such hazardous chemical present at the facility in an amount equal to or in excess of the minimum threshold level specified in Part 370 of Title 40 of the Code of Federal Regulations, as amended from time to time, prepare and submit an emergency and hazardous chemical inventory form containing tier I or tier II information to the appropriate local emergency planning committee, the commission and the fire department with jurisdiction over the facility. The owner or operator may comply with this section by (1) providing information on the inventory form on each element or compound in the mixture which is a hazardous chemical, or (2) providing information on the inventory form on the mixture itself.
(c) (1) The owner or operator of a facility submitting an emergency and hazardous chemical inventory form in accordance with subsection (b) of this section shall provide tier II information for a facility to the commission, a local emergency planning committee or a fire department with jurisdiction over the facility upon request of such commission, committee or department.
(2) Any state or municipal official may have access to tier II information submitted in accordance with subsection (b) of this section upon submitting a request to the commission or the local emergency planning committee. Upon request for such information, the commission or local committee shall request the owner or operator of the facility for the tier II information and make available such information to the official.
(d) The owner or operator of a facility which files an inventory form under this section shall, upon request of the fire department with jurisdiction over the facility, allow such fire department to conduct an on-site inspection of the facility and provide to the fire department specific location information on hazardous chemicals at the facility.
(e) For any such facility that the Department of Energy and Environmental Protection identifies as being located in an area at high risk of: (1) Flooding, (2) a severe weather event, or (3) a rise in sea level, as identified in sea level change scenarios published by the National Oceanic and Atmospheric Administration in Technical Report OAR CPO-1 and updated pursuant to subsection (b) of section 25-68o, not later than January 1, 2019, the owner or operator of such facility shall update the hazard mitigation plan and any applicable evacuation plan for such facility to address such risk. Any such updated hazard mitigation plan and evacuation plan shall be submitted to the applicable local emergency planning committee not later than sixty days after it is updated pursuant to this subsection. Each such local emergency planning committee shall review such submissions and determine any necessary changes to the applicable community plans for chemical emergencies, including, but not limited to, any enhanced community notification and emergency evacuation procedures.
(P.A. 89-212, S. 8; P.A. 97-124, S. 3, 16; P.A. 18-181, S. 7.)
History: P.A. 97-124 made a technical change in Subsec. (a)(3) and amended Subsecs. (b) and (c) to provide that the reporting requirements under this section shall apply to hazardous chemicals for which minimum threshold amounts are specified in certain federal regulations, effective June 6, 1997; P.A. 18-181 amended Subsec. (b) to make a technical change and added Subsec. (e) re facilities to update hazardous mitigation and evacuation plans if facility is identified by department as being at high risk of flooding, severe weather events or rise in sea level.