Part II (relating to publication and effectiveness of Commonwealth documents). ]]-, 2,6-PYRIDINEDIAMINE, 3-(PHENYLAZO)-, MONOHYDROCHLORIDE, 2,7-NAPHTHALENEDISULFONIC ACID, 3-HYDROXY-4-[(2,4,5-TRIMETHYLPHENYL)AZO]-, DISODIUM SALT, 2,7-NAPHTHALENEDISULFONIC ACID,TETRASODIUM SALT, 2,7-NAPHTHALENEDISULFONIC ACID, 3,3'-[[1,1'-BIPHENYL]-4,4'-DIYLBIS(AZO)]BIS[5-AMINO-4-HYDROXY-, TETRASODIUM SALT, 2,7-NAPHTHALENEDISULFONIC ACID, 4-[(2,4-DIMETHYLPHENYL)AZO]-3-HYDROXY-, DISODIUM SALT, 2,7-NAPHTHALENEDISULFONIC ACID,(PHENYLAZO)-, DISODIUM SALT, 2,7:3,6-DIMETHANONAPHTH[2,3-B]OXIRENE, 3,4,5,6,9,9-HEXACHLORO-1A,2,2A,3,6,6A,7,7A-OCTAHYDRO-, (1A.ALPHA.,2.BETA.,2A.ALPHA.,3.BETA.,6.BETA.,6A.ALPH.,7.BETA.,7A.ALPHA. SARA 311/312 Hazards Chronic Health Hazard Massachusetts Right To Know Components glycerine CAS-No. Within this program, you will find a copy of the Department of Labor . How do I request records from a government agency in Pennsylvania? The only exception is if the agreement has been sealed by a court of competent jurisdiction. This list is also referred to as the Option 2 or check-off list. special hazardous substances and environmental hazards are identified on the list by S and E, respectively. Keystone State. The SHHSL consists of over 1,000 hazardous substances that are defined as carcinogens, mutagens, teratogens, corrosive, flammables, and reactives. Not all volunteer fire companies are organized the same way in Pennsylvania, so there is no hard-and-fast rule across the state. It also imposes time limits within which an agency must respond to requests for . The Prop. The second version lists regulated chemical substances in order of the Chemical Abstracts Service (CAS) number. Introductory material explaining the lists and codes used in the chemical tables; Appendix B: Radionuclides listed under CERCLA; Appendix D: Toxics Release Inventory (TRI) chemical categories; or. 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. The appeal shall be sent to: The Commonwealth Office of Open RecordsCommonwealth Keystone Building333 MarketStreet - 16th FloorHarrisburg, PA 17101-2234Phone: 717.346.9903Email:openrecords@pa.gov. Does the RTKL provide for due process for agency employees? Chapter 323 - Hazardous Substance List. WITH 2,2',2"-NITRILOTRIS[ETHANOL] (1:1), BENZENESULFONIC ACID, DODECYL-, SODIUM SALT, BENZENESULFONIC ACID, 4-DODECYL-, COMPD. 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 email it or fax it to 717-705-8023, or mail it to the Agency Open Records Officer ("AORO") at: Agency Open Records Officer, DEP/BOS, PO Box 8473, Harrisburg, PA (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. Under the RTKL, an agency has the burden of proving that is is permitted to (or, in some cases, required to) withholda record. (3)Other parties that the Department may consider, in its discretion, to have an appropriate interest in the testing request. (6)Additional information the Department considers pertinent to the request. (2)The party requesting the on-site testing. Panel Providers Call 412-429-1151 to schedule a consultation with the experienced team at The Skin Center. Proudly founded in 1681 as a place of tolerance and freedom. Workers' Compensation Insurance (3)EPA list of restricted use of pesticides found at 40 CFR 162.30 (relating to optional procedures for classification of pesticide uses by regulation). PATHS The OOR updated itsProcedural Guidelineson Sept. 29, 2015. (3)Reliable, current and accurate scientific evidence shall demonstrate the elements of paragraph (2). Requests can be submitted by: mail - Printable Request Form or provide a request that is legible; 670.010 Download PDF Current through Register 1485, December 23, 2022 Section 670.010 - The Massachusetts Substance List (A) Explanation. 2010-10-21T09:52:52-04:00 The OOR has done such an analysis in several cases, includingAikens v. Clymer Volunteer Fire Company(OOR Dkt. Are emails (or itemized cell phone bills, or any other specific type of document) public record? The law defines an employer as any individual, partnership, corporation or association doing business in the commonwealth. You may be trying to access this site from a secured browser on the server. A requester can ask, but agencies are not required to provide records in response to verbal requests. The law states that anagency cannot limit the number of records which may be requested or made available for inspection or duplication. (c)The workplace employer or site owner may conduct on-site testing instead of the Department. Those serve as guidance until formal regulations are approved. The Massachusetts Substance List is contained in 105 CMR 670.000: Appendix A. )-, 19-NORPREGNA-1,3,5(10)-TRIEN-20-YNE-3,17-DIOL, (17.ALPHA. complete this form to request Direct Interest Participant status. Keystone State. This section cited in 34 Pa. Code 323.4 (relating to additions and deletions to the Hazardous Substance List). Requesters will be provided with an estimate on the cost of copying, flash drives, postage, etc., prior to duplication and mailing. 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. However, courts havediscretion in regards to imposing penalties and costs for willful and wanton disregard of the law. (5)The efforts made to obtain the information sought through the testing. %PDF-1.6 % If you do not have this number you many contact the DLT at (401) 462-8570, press option 5. If a valid RTKL request is made, the settlement agreement must be provided. The provisions of this Appendix A amended under section 3 of the act of October 5, 1984 (P. L. 734, No. Here are several basic steps every agency should take: Appoint a good Agency Open Records Officer. 717-787-3391. 67.101 et seq. Regulatory lists include those managed by EPA and other federal agencies and states. The appeal shall state the grounds upon which the requester asserts that the record is a public record and shall address any grounds stated by the Right-to-Know Officer for denying the request. AP 2017-0421) and Pysher v. Clinton Twp. This is revision 9, dated March 2014. (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. (If you don't have a records management policy, create one.). The Pennsylvania Worker and Community Right to Know Act created a system for communicating information about these chemicals and the hazards associated with them. Facilities with chemicals in quantities that equal or exceed the following thresholds must report: For Extremely Hazardous Substances (EHSs) (40 CFR part 355 Appendix A and Appendix B ), either 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower. Clicking on items in the results list will display the documents. hv6=F;qMM+Z\M_}$lg`o>fI >D"7|Q. &0] ,a9vW m8so(-xQJ Additionally, if a requester wants to file an appeal, therequest must have been made in writing. Effective May 1, 2018, the DEP Right-to-Know office will require prepayment for all Right-to-Know requests where costs are incurred. (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. Immediately preceding text appears at serial pages (110017) to (110050). Information about the subjects below can be found on other Commonwealth of Pennsylvania websites. You are not required to state a reason for making a request for records. The file containing the complete regulated substance booklet can be found at the eLibrary site or click on this link Regulated Substances List (2630-BK-DEP2724) (PDF). If you have any questions, call customer service at (toll free in Pennsylvania) 1-800-428-2657, or 717-772-5599. The Pennsylvania Code website reflects the Pennsylvania Code Home / Statutes of Pennsylvania / Unconsolidated Statutes / Law Information / 1984 Act 159. H=E|[t;Cp:3s,XcZ|hcJ?Y"dUde"I)l-)x,>9Z{)ug&;)RDQc;>* The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. The OOR has prepared an entire page to answer this question: How to File a Right-to-Know Request. (In other words, does it document a transaction or activity of an agency? 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. 2010-09-23T09:30:43-04:00 All Right-to-Know Law (RTKL) requests must be addressed to the Right-to-Know Officer (Open Records), as follows: Office of Attorney General Emergency Planning and Community Right-to-Know Act (EPCRA); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); and. INGREDIENTS (B) CHEMICAL ABSTRACTS. 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 . WITH 1-BUTANAMINE (1:1), 9-OCTADECENOIC ACID, 12-(ACETYLOXY)-, BUTYL ESTER, [R-(Z)]-. If an agency enters into a settlement agreement, it is public in Pennsylvania. 301 CMR 41.00: Toxic or Hazardous Substances List Executive Office of Energy & Environmental Affairs (EEA) regulations listing all chemicals and compounds subject to Toxics Use Reduction Act (M.G.L. However, requesters should use good judgment in seeking agency records. 65 Chemical List is available through the website of California's OEHHA (Ofice of Environmental and Health . Workers' Compensation Forms )-, 2-BUTENOIC ACID, 2-METHYL-, 7-[[2,3-DIHYDROXY-2-(1-METHOXYETHYL)-3-METHYL-1-OXOBUTOXY]METHYL]- 2,3,5,7A-TETRAHYDRO-1H-PYRROLIZIN-1-YL ESTER, [1S-[1ALPHA.(Z),7(2S*,3R*),7A.ALPHA. Can an agency limit the number of requests that a requester can make? Keystone State. PScript5.dll Version 5.2.2 Merely stating that a record does not exist or making other factual assertions isn't enough for an agency to meet its burden of proof. Only substances on the Hazardous Substance List in Appendix A which have the letter S are part of the Special Hazardous Substance List. Check or add your phone numbers to the Pennsylvania Do Not Call Registry. 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. 313. Public sector employers and any other Non-OSHA covered employers must comply with the employees access to chemical information and training provisions applicable to their workplace environment. The law prohibits an agency from requiring a person to disclose the purpose or motive in requesting access to records. (2)EPA list of hazardous air pollutants prepared under section 112 of the Federal Clean Air Act (42 U.S.C.A. 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. (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 Pennsylvania Worker and Community Right to Know Act (Act 159 of 1984) created a system for communicating information about hazardous materials used, produced or stored at work sites within the commonwealth. Contact Information What's the biggest change under the current Right-to-Know Law compared to the old Right-to-Know Act? Pennsylvania Code (Rules and Regulations) Title 34 - LABOR AND INDUSTRY. pennsylvania right-to-know rhode island right-to-know vermont chemicals of high concern to children washington right-to-know chemical weapons convention (cwc) egypt: hazardous substances list: banned chemicals egypt: hazardous substances list: hazardous substances subject to permitting procedure health hazards Official websites use .gov RCRA Halogenated Organic Compounds Please refer to the following requirements in the appropriate part of the Code of Federal Regulations (CFR): The List of Lists is available in in the following formats: Please notethatthe Excel file does not contain: All appendices appear in the PDF version of the List of Lists. 34:5A-1 et. But their records are subject to the law and must be made available as follows. Right-to-Know Law Statute ( ) and Legislative History () RTKL Flowchart: Request through Appeal ( , updated Oct. 31, 2018) RTKL Case Law Index (, updated March 3, 2022) FAQ When did the current Right-To-Know Law take effect? Stat. You might also find it helpful to search the OOR's database of agency open records officers to find the best person to direct your request to. The Commonwealth Court in Current Status Inc. v. Hykel, 778 A.2d 781 (Pa. Please enable scripts and reload this page. No. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 1317 and 1321). numerous guides to assist agencies in responding to Right-to-Know requests, happy to answer any questions agencies might have. The provisions of this Chapter 323 adopted August 1, 1986, effective December 1, 1986, 16 Pa.B. If a state or localagency denies your request, you generally have a right to appeal that denial to the OOR. Yes. Every record goes through the same two-part analysis to determine whether it is a public record and subject to release: 1. 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. (9)National Fire Protection Association list found in Fire Hazard Properties of Flammable Liquids, Gases, Volatile Solids (NFPA 325M), but only substances found on sublists for health items, categories 2, 3 and 4; sublist for reactivity items, categories 3 and 4; and sublists for flammability, categories 3 and 4. COVID-19 Claim Statistics. (5)OSHA list of toxic and hazardous substances found in 29 CFR Part 1910, Subpart Z (relating to toxic and hazardous substances). Part XIII - Worker and Community Right-to-Know Act. Sometimes, another law or regulation allows or requires an agency to withhold records. OAG Administrative Policy Right to Know, Send Drug and Child Predator Anonymous Tips, Community Drug Abuse Prevention Grant Program, ACRE Agriculture, Communities and Rural Environment, Pennsylvania State Coroners Education Board, Voters Rights in Effect at the Polling Places on Election Days, $.25/printed page for the first 1,000 pages, $.20/printed page for each page after the first 1,000 pages, Current cost for thumb-drives/USBs (which will vary with the storage size capacity), $5.00 Certifications (stating that records are true copiesnot authenticating the record). Contact Information Environmental Site Assessment Search Tool, Pennsylvania's Environment Facility Application Compliance Tracking System (eFACTS), Governor's Amended Management Directive 205.36 Right-to-Know Law (PDF), Public Access to Information and Right to Know Law Policy (PDF). What are some types of information that are not available? On Feb.14, 2008, the title anddefinitions went into effect and the Office of Open Records was officially created. If I want state or local government records, can I just send the request to the OOR? Share sensitive information only on official, secure websites. Starting January 1, 2023, all follow-up spill reports must be submitted online. What fees can an agency charge under the Right-to-Know Law? Should I use the RTKL? This section cited in 34 Pa. Code 301.3 (relating to jurisdiction/exemptions). 5511.4c. However, while the local tax collector is not itself an agency, the tax records that are maintained by that collector remain agency records, whether of the township, municipality or school district on whose behalf s/he collects. No chemicals in this material are subject to the reporting requirements of SARA Title III, . Find Out if Mommy Makeover is Right for You! These lists should be used as a reference tool, not as a definitive source of compliance information. Does the OOR recommend state and local agencies take any particular actions to comply with the RTKL? Regulated Substances List (2630-BK-DEP2724). NOT regulated by DEP. Please note that private wells are Such language has no effect. The current Right-to-Know Law was introduced by Senator Dominic Pileggi as Senate Bill 1 onMarch 29, 2007. Keystone State. (10)American Conference of Governmental Hygienists list found in Threshold Limit Value for Chemical Substances and Physical Agents in the Workplace.. To assist agencies, the OOR has posted numerous sample affidavits on its website which can be downloaded and modified for agency use. )-, ANDROSTAN-3-ONE, 17-HYDROXY-2-(HYDROXYMETHYLENE)-17-METHYL-, (5.ALPHA.,17.BETA. List . It was signed into lawon Feb.14, 2008. EDI As a result, all agencies must provide due process considerations to agency employees affected by a RTKL request. Chapter 323 adopted August 1, 2023, all agencies must provide due process for employees. 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