Chapter 323 - Hazardous Substance List. 67.101 et seq. Not all volunteer fire companies are organized the same way in Pennsylvania, so there is no hard-and-fast rule across the state. RTKL Case Law Index (, updated March 3, 2022). WHICH SUBSTANCES AND PRODUCTS ARE EXEMPT? Health Care Services Review AP 2017-0403), that a a case-by-caseanalysis of several factors is needed to determine what records, if any, are available from a volunteer fire company. Yes. If a chemical is a member of one of the groups, it is regulated in the same manner as one of the individually listed compounds. While vital statistics records are generally subject to the RTKL, in some cases (including adoption records) other laws trump the RTKL. The Massachusetts Substance List is contained in 105 CMR 670.000: Appendix A. 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. Immediately preceding text appears at serial pages (110017) to (110050). 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. Requesters will be provided with an estimate on the cost of copying, flash drives, postage, etc., prior to duplication and mailing. Can an agency ask why a person wants to obtain requested records? The RTKL states that,except as otherwise provided by statute, no other fees may be imposed unless the agency necessarily incurs costs for complying with the request, and such fees must be reasonable. 313. List . AP 2018-0296). 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. NIOSH Recommended Exposure Limits . 670.010 Download PDF Current through Register 1485, December 23, 2022 Section 670.010 - The Massachusetts Substance List (A) Explanation. Vol. 7412). When did the current Right-To-Know Law take effect? Also, all appeals went to court, which can be expensive and tends to be a far more time-consuming process than an appeal to the OOR. Please enable scripts and reload this page. 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. Likewise, birth records are not available under the RTKL. *ejiQE!K$LJ V2.'lxQlTIB|t-%oEN$;0k!y=(u/q1mau= /D+9dJ#bNBWq K|`Y[2VP%lSk !OFEz |i\,s5O)GwOJq)eg*BU{ OV&hjXg. COBALT, ((2,2'-(1,2-ETHANEDIYLBIS (NITRILOMETHYLIDYNE))BIS(6-FLUOROPHENOLATO))(2-)-N,N',O,O')-, CONJUGATED ESTROGENS: PIPERAZINE ESTRONE SULFATE, CONJUGATED ESTROGENS: SODIUM EQUILIN SULFATE, CONJUGATED ESTROGENS: SODIUM ESTRONE SULFATE, COPPER(2+), TETRAAMMINE-, SULFATE (1:1), MONOHYDRATE, CUPRATE(2-),BIPHENYL]-4-YL]AZO-2-HYDROXYBENZOATO(4-)]-, DISODIUM, CYCLOHEXANE, 1,1'-METHYLENEBIS[4-ISOCYANATO-, CYCLOHEXANE, 1,2,3,4,5,6-HEXACHLORO-, (1.ALPHA.,2.ALPHA.,3.ALPHA.,4.BETA.,5.ALPHA.,6.BETA. Emergency planning notification under EPCRA section 302 (40 CFR Part 355); Emergency release notification under EPCRA section 304 (40 CFR Part 355); Toxic chemical release reporting under EPCRA section 313 (40 CFR Part 372); Hazardous substances release notification under CERCLA sections 102-103 (40 CFR Part 302); and. The OOR's list of Commonly Misdirected Requests includes more information. For example, there's very little sense in requiring a formal RTKL request for a copy of meeting minutes.). Only substances on the Hazardous Substance List in Appendix A which have the letter E are part of the Environmental Hazard List. Make sure when you file a request, you are seeking records and not asking for legal advice, opinions or guidance. Workers' Compensation Forms Act 165 is not an unfunded mandate. Part II (relating to publication and effectiveness of Commonwealth documents). Make sure the AORO is registered with the OOR. RTKL Flowchart: Request through Appeal ( , updated Oct. 31, 2018) Every record goes through the same two-part analysis to determine whether it is a public record and subject to release: 1. Section 112(r) of the Clean Air Act (CAA). The Pennsylvania Worker and Community Right to Know Act, Online Hazardous Substance Survey Form (HSSF), La Ley del Derecho a Saber del Trabajador y la Comunidad de Pennsylvania. The Right-to-Know Law defines "requester" as "a person that is a legal resident of the United States and requests records pursuant to this act." )-, 3-AMINO-1-METHYL-5-H-PYRIDO(4,3-B)INDOLEACETATE, 3-AMINO-1,4-DIMETHYL-5-H-PYRIDO(4,3-B)INDOLE ACETATE, 4(1H)-PYRIMIDINONE, 2,3-DIHYDRO-6-METHYL-2-THIOXO-, 4(1H)-PYRIMIDINONE, 2,3-DIHYDRO-6-PROPYL-2-THIOXO-, 4,4-METHYLENEDIANILINE AND ITS DIHYDROCHLORIDE, 4,4'-BIPYRIDINIUM, 1,1'-DIMETHYL-, BIS(METHYL SULFATE), 4,4'-BIPYRIDINIUM, 1,1'-DIMETHYL-, DICHLORIDE, 4,7-METHANO-1H-INDENE, 1,2,4,5,6,7,8,8-OCTACHLORO-2,3,3A,4,7,7A-HEXAHYDRO-, 4,7-METHANO-1H-INDENE, 1,4,5,6,7,8,8-HEPTACHLORO-3A,4,7,7A-TETRAHYDRO-, 4,7-METHANO-1H-INDENE, 3A,4,7,7A-TETRAHYDRO-, 4H-1-BENZOPYRAN-4-ONE, 6-(2,3-DIHYDROXY-3-METHYLBUTYL)-3-(2,4-DIHYDROXYPHENYL)-7-HYDROXY-, 4H-1,3,5-DITHIAZINE, DIHYDRO-2,4,6-TRIMETHYL-, (2.ALPHA.,4.ALPHA.,6.ALPHA. 2909, unless otherwise noted. ), 2. The Agency Open Records Officer Guidebook is probably the best place to start. Health & Safety Division special hazardous substances and environmental hazards are identified on the list by S and E, respectively. Part XIII - Worker and Community Right-to-Know Act. 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. 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. On Feb.14, 2008, the title anddefinitions went into effect and the Office of Open Records was officially created. )]-, 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. Also, the current law established the Office of Open Records which makes it simple and free for a requester to appeal an agency denial. (b)The Department will evaluate the appropriateness of designing hazardous substances as special hazardous substances based on the following criteria: (1)The substance shall be one which is on the Departments Hazardous Substance List. (2)The party requesting the on-site testing. Proudly founded in 1681 as a place of tolerance and freedom. WITH N,N-DIMETHYLMETHANAMINE (1:1), ACETIC ACID, (2,4,5-TRICHLOROPHENOXY)-, COMPD. (3)The specific reasons why the requested testing is desired. updated draft was posted on Dec. 30, 2020. Pennsylvania Right-to-Know . This section cited in 34 Pa. Code 323.4 (relating to additions and deletions to the Hazardous Substance List). Keystone State. Publications You must first direct your request to the appropriate office when seeking records. (Of course, sometimes it makes good sense for agencies to do so. RTKL document requests are for public records, unless subject to an exemption from disclosure under the RTKL. 2010 RIGHT TO KNOW HAZARDOUS SUBSTANCE LIST Important "Public Employers: This list must be made available in your facility's Right to Know Central File. 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. Right-to-Know Officer New York Hazardous Substances Release and Bulk Storage . The following Online Hazardous Survey Form program is being provided to allow employers to save and edit this survey electronically. 1984 Act 159 - PA General Assembly. that have the potential to be hazardous when released into the environment. Pennsylvania Code (Rules and Regulations) Title 34 - LABOR AND INDUSTRY. The Commonwealth Court has heldin two cases, Bohman and WNEP-TV v. Clinton Twp. If a state or localagency denies your request, you generally have a right to appeal that denial to the OOR. The RTKL requires only the release of public records and allows for the charge of reasonable fees including, but not limited to, copying and postage. Moreover, OSHA Haz Com does not pre-empt Pennsylvania Right to Know requirements below since the Pennsylvania requirements serve a broader public purpose of protecting the environment, the public at large (3)Other parties that the Department may consider, in its discretion, to have an appropriate interest in the testing request. )-, ANTHRACENE OILS (COAL TAR DERIVED PRODUCT), ANTIMONATE(2-), BIS[.MU.-[2,3-DIHYDROXYBUTANEDIOATO(4-)-O1,O2:O3,O4]]DI-, DIPOTASSIUM, TRIHYDRATE, STEREOISOMER, ARSENIC ACID (H3ASO4), CALCIUM SALT (2:3), ARSENIC ACID (H3ASO4), LEAD(2+) SALT (1:1), ARSENIC ACID (H3ASO4), LEAD(4+) SALT (3:2), ARSENIC ACID (H3ASO4), MONOPOTASSIUM SALT, AZIRIDINE, 1,1',1"-PHOSPHINOTHIOYLIDYNETRIS-, AZIRINO[2',3':3,4]PYRROLO[1,2-A]INDOLE-4,7-DIONE, 6-AMINO-8-[[(AMINOCARBONYL)OXY]METHYL]-1,1A,2,8,8A,8B-HEXAHYDRO-8A-METHOXY-5-METHYL-, [1AS-(1A.APHA.,8.BETA.,8A.ALPHA.,8B.ALPHA. (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. Also, in the event of an appeal to the Office of Open Records (OOR) from an agency denial of a RTKL request, the OOR may consider the request, the appeal and any other records to be public. A request should identify or describe the records sought with sufficient specificity to enable the Right-to-Know Officer to ascertain which records are being requested and shall include the name and mailing address to which a response should be addressed. WITH 1-BUTANAMINE (1:1), 9-OCTADECENOIC ACID, 12-(ACETYLOXY)-, BUTYL ESTER, [R-(Z)]-. Table of Contents Downloads Contact Trial Court Law Libraries (d)In an emergency, the Department may undertake testing at the Commonwealths expense. Compliance Some agencies also have their own forms, whichyou may find to bemore useful. Regulatory lists include those managed by EPA and other federal agencies and states. If you see "Show more" beneath a set of filters, click it to display the full list of filters. It depends. OSHA Highly Hazardous Chemicals . The Pennsylvania Worker and Community Right to Know Act created a system for communicating information about these chemicals and the hazards associated with them. Official websites use .gov 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. AP 2017-0421) and Pysher v. Clinton Twp. This appeal must be filed within 15 business days of the denial or deemed denied. 717-787-3391. The OOR has posted draft regulations here. As a general rule, agencies must provide aggregated data and financial 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. The OOR does not maintain or control the records of any local or Commonwealth agency. These lists should be used as a reference tool, not as a definitive source of compliance information. Implemented by the Administrative Council on Toxics Use Reduction. Workers' Compensation Insurance 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 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. Encourageall employees to make RTK requests a priority and let them know that the OOR is a good resource if they have questions. )-, CYCLOHEXANE, 1,2,3,4,5,6-HEXACHLORO-, (1.ALPHA.,2.ALPHA.,3.BETA.,4.ALPHA.,5.BETA.,6.BETA. Is a chemical that is noted "Hazards Not Otherwise Classified" in its SDS's fee exempt? 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. In general, an agency open records officer is immune from civil penalties for denying a request. DEP now offers streamlined alternatives to a Right-To-Know request that are easier to submit and result in quicker turnaround time. Can a request be denied because the requester is not a citizen of Pennsylvania? 72 P.S. Information about the subjects below can be found on other Commonwealth of Pennsylvania websites. (4)The name, address and location of the company and workplace or work area where the testing is requested to be conducted. Persons living or working in Pennsylvania have access to this important information.. WCAIS Please enable scripts and reload this page. 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 RTKL includes 30 exceptions agencies may use to withhold records. The RTKLdoes not distinguish between various types of records (e.g., printed letters and memos, electronic databases, emails, itemized cell phone bills, etc.). Uninsured Employers Guaranty Fund If you send the original request to the OOR (unless you are actually seeking OOR records), you will only delay the process. Does the RTKL provide for due process for agency employees? 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. Emergency Planning and Community Right-to-Know Act (EPCRA); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); and. 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. The Pennsylvania Worker and Community Right to Know Act created a system for communicating information about these chemicals and the hazards associated with them. CHEMICAL NAME OF HAZARDOUS . The provisions of this Appendix A amended under section 3 of the act of October 5, 1984 (P. L. 734, No. 56-81-5 Revision Date 2007-03-01 Anti-Rabbit IgG - Atto . 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. Publications (3)Reliable, current and accurate scientific evidence shall demonstrate the elements of paragraph (2). Section 502(b)(1) provides that an agency open records officer (AORO) must direct RTKL requests to other appropriate persons within the agency. 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. However, in some cases knowing the answer could actually help an agency better respond to a request. (2)A reasonable description or name of substances requested to be tested. Chemicals that have been defined by the department as jpatel Home / Statutes of Pennsylvania / Unconsolidated Statutes / Law Information / 1984 Act 159. changes effective through 52 Pa.B. )-, 19-NORPREGNA-1,3,5(10)-TRIEN-20-YNE-3,17-DIOL, (17.ALPHA. COVID-19 Claim Statistics. Generally, agencies cannot charge other fees. If you have any questions EPAsSubstance Registry Services (SRS)database can be used to search for a specific chemical name or Chemical Abstract Service (CAS) registry number. If you do not have this number you many contact the DLT at (401) 462-8570, press option 5. H=E|[t;Cp:3s,XcZ|hcJ?Y"dUde"I)l-)x,>9Z{)ug&;)RDQc;>* Before filing a Right-To-Know request, consider using one of the following options: If you are seeking information about any of the following DEP topics, please click on the links below: Please visit DEP's Site Map page for a complete listing of the content available on our website. What's the biggest change under the current Right-to-Know Law compared to the old Right-to-Know Act? 67.101 et seq. WC Insurance Search Form What liability does an agency have? WITH 2,2',2"-NITRILOTRIS[ETHANOL] (1:1), BENZENESULFONIC ACID, DODECYL-, SODIUM SALT, BENZENESULFONIC ACID, 4-DODECYL-, COMPD. Should I use the RTKL? 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. )-, ETHANAMINE, 2-CHLORO-N-(2-CHLOROETHYL)-N-METHYL-, HYDROCHLORIDE, ETHANAMINE, 2-CHLORO-N-(2-CHLOROETHYL)-N-METHYL-, N-OXIDE, HYDROCHLORIDE, ETHANE, 1,1,1,2-TETRACHLORO-2,2-DIFLUORO-, ETHANE, 1,1,2,2-TETRACHLORO-1,2-DIFLUORO-, ETHANE, 1,1'-[METHYLENEBIS(OXY)]BIS[2-CHLORO-, ETHANE, 1,1',1"-[METHYLIDYNETRIS(OXY)]TRIS-, ETHANEDIOIC ACID, AMMONIUM IRON(3+) SALT (3:3:1), ETHANEDIOIC ACID, DIAMMONIUM SALT, MONOHYDRATE, ETHANEDIOIC ACID, MONOAMMONIUM SALT, MONOHYDRATE, ETHANEPEROXOIC ACID, 1,1-DIMETHYLETHYL ESTER, ETHANIMIDOTHIOIC ACID, N-[[(METHYLAMINO)CARBONYL]OXY]-, METHYL ESTER, ETHANOL, 2-(2,4-DICHLOROPHENOXY)-, HYDROGEN SULFATE, SODIUM SALT, ETHANOL, 2-[(2-AMINO-1-METHYLETHYL)AMINO]-, ETHANOL, 2,2'-[(1,1-DIMETHYLETHYL)IMINO]BIS-, ETHANOL, 2,2'-[(3-METHYLPHENYL)IMINO]BIS-, ETHANOL, 2,2'-[1,2-ETHANEDIYLBIS(OXY)]BIS-, GLYCINE, N,N'-1,2-ETHANEDIYLBIS[N-(CARBOXYMETHYL)-, HEMATITE UNDERGROUND MINING (WITH EXPOSURE TO RADON), HYDRAZINECARBOXALDEHYDE, ETHYLIDENEMETHYL-, HYDRAZINECARBOXALDEHYDE, 2-[4-(5-NITRO-2-FURANYL)-2-THIAZOLYL]-, HYPOCHLOROUS ACID, SODIUM SALT, PENTAHYDRATE, IRON, TRIS(DIMETHYLCARBAMODITHIOATO-S,S')-, (OC-6-11)-, ISOPROPANOLAMINE DODECYLBENZENE SULFONATE, ISOPROPYL ALCOHOL MANUFACTURE (STRONG-ACID PROCESS), ISOPROPYLMETHYLPYRAZOLYL DIMETHYLCARBAMATE, L-PHENYLALANINE, 4-[BIS(2-CHLOROETHYL)AMINO]-, MANGANESE, TRICARBONYL(.ETA.5-2,4-CYCLOPENTADIEN-1-YL)-, MANGANESE, TRICARBONYL[(1,2,3,4,5-.ETA. 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