Harrisburg, PA 17120. (e)The Department may not conduct on-site testing which has already been conducted by the OSHA, the Department of Environmental Resources or the Mine Safety Health Administration. 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. An agency can ask, but the requester is not required to answer. If you have any questions, call customer service at (toll free in Pennsylvania) 1-800-428-2657, or 717-772-5599. The completed Hazardous Substance Survey Form (HSSF) must be posted in the workplace. Cmwlth.) Generally, the best way to request records from a state or local agency in Pennsylvania is to use the OOR'sStandard RTK Request Form, whichmust be accepted by all agencies. Harrisburg, PA 17120. No chemicals in this material are subject to the reporting requirements of SARA Title III, . 717-783-1111. to the Department of Labor & Industry, unless you are sent a written request specifically asking for a copy of the form. No statutes or acts will be found at this website. Emergency Planning and Community Right-to-Know Act (EPCRA). This is revision 9, dated March 2014. The Pennsylvania Worker and Community Right to Know Act (Act 159 of 1984) requires public sector employers in the commonwealth
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. What's the biggest change under the current Right-to-Know Law compared to the old Right-to-Know Act? Premanufacture Notice Number . Request for Records:Right-to-Know Law Please enable scripts and reload this page. The provisions of this Appendix A adopted August 1, 1986, effective August 2, 1986, 16 Pa.B. 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. information about the hazardous chemicals present at your facility that are regulated by the state Worker and Community Right to Know Act. Workers' Compensation Forms While vital statistics records are generally subject to the RTKL, in some cases (including adoption records) other laws trump the RTKL. 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. Section 304 of the Emergency Planning and Community Right-to-Know Act requires this report within 30 days, but Pennsylvania's Act 165 requires this to be done in 14 days. You may be trying to access this site from a secured browser on the server. What are some types of information that are not available? Also, Section 506 of the RTKL allows an agency todeny repeated requests for the same records by the same requester. 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. 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 17105-8473 or you can contact the Agency Open Records Officer at 717-787-7397. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. Compliance 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. The Office of Open Records has established an Official Fee Structure which governs the fees an agency may charge under the Right-to-Know Law. This is a part of: 301 CMR Regulation 301 CMR 41.00: Toxic or hazardous substance list Companies that use large quantities of toxic and hazardous chemicals annually report the use of these chemicals to MassDEP. COVID-19 Claim Statistics. Attend one or more training sessions, or contact the OOR to request that one be scheduled in your area. (3)The substance shall pose a danger if released into the environment in that it shall be considered toxic, hazardous or it shall be a contaminant subject to Statewide standards for emissions or discharges under current environmental statutes regulating the substance. For example, a Recorder of Deeds may charge a copy fee of $0.50 per uncertified page and $1.50 per certified page under 42 P.S. Regulated substances come in three types: 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). RTKL document requests are for public records, unless subject to an exemption from disclosure under the RTKL. You may be trying to access this site from a secured browser on the server. The List of Lists is a consolidated list of chemicals subject to: Emergency Planning and Community Right-to-Know Act (EPCRA); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); and Section 112 (r) of the Clean Air Act (CAA). Contact Information In Hykel, the Commonwealth Court carefully explained that the records of tax collectors are public and can be obtained directly from governmental units that qualify as agencies under the RTKL, just not directly from the tax collector. The Commonwealth Court has heldin two cases, Bohman and WNEP-TV v. Clinton Twp. 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. 240) (45 P. S. 1102, 12011208 and 1602) and 45 Pa.C.S. 2010-10-21T09:52:52-04:00 It can help you look and feel like your best self. Workers' Compensation Insurance WITH 1,2-DICHLOROPROPANE, 1,2-BENZENEDICARBOXYLIC ACID, BIS(2-ETHYLHEXYL) ESTER, 1,2-BENZENEDICARBOXYLIC ACID, BUTYL PHENYLMETHYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, DI-2-PROPENYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, DIBUTYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, DIETHYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, DIMETHYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, DIOCTYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, 2-ETHOXY-2-OXOETHYL ETHYL ESTER, 1,2-BENZENEDICARBOXYLIC ACID, 2-ETHOXY-2-OXOETHYL METHYL ESTER, 1,2-BENZENEDIOL,4-(1-HYDROXY-2-(METHYLAMINO)ETHYL)-, 1,2-BENZISOTHIAZOL-3(2H)-ONE, 1,1-DIOXIDE, 1,2-BENZISOTHIAZOL-3(2H)-ONE, 1,1-DIOXIDE, SODIUM SALT, 1,2-ETHANEDIAMINE, N-(2-AMINOETHYL)-N'-[2-[(2-AMINOETHYL)AMINO]ETHYL]-, 1,2-ETHANEDIAMINE, N,N-DIMETHYL-N'-2-PYRIDINYL-N'-(2-THIENYLMETHYL)-, 1,2-ETHANEDIAMINE, N,N'-BIS(2-AMINOETHYL)-, 1,2,3-PROPANETRICARBOXYLIC ACID, 2-HYDROXY-, AMMONIUM IRON(3+) SALT, 1,2,3-PROPANETRICARBOXYLIC ACID, 2-HYDROXY-, DIAMMONIUM SALT, 1,2,3,4-BUTANETETROL, 1,4-DIMETHANESULFONATE, [S-(R*,R*)]-, 1,2,4-METHENOCYCLOPENTA[CD]PENTALENE-5-CARBOXALDEHYDE, 2,2A,3,3,4,7-HEXACHLORODECAHYDRO-, (1.ALPHA.,2.BETA.,2A.BETA.,4.BETA.,4A.BETA.,5.BETA.,6A.BETA.,6B.BETA.,7R*)-, 1,2,4-TRIAZIN-5(4H)-ONE, 4-AMINO-6-(1,1-DIMETHYLETHYL)-3-(METHYLTHIO)-, 1,3-BENZENEDIAMINE, 4-METHOXY-, SULFATE (1:1), 1,3-CYCLOPENTADIENE, 1,2,3,4,5,5-HEXACHLORO-, 1,3,4-METHENO-1H-CYCLOBUTA[CD]PENTALENE, 1,1A,2,2,3,3A,4,5,5,5A,5B,6-DODECACHLOROOCTAHYDRO-, 1,3,4-METHENO-2H-CYCLOBUTA[CD]PENTALEN-2-ONE, 1,1A,3,3A,4,5,5,5A,5B,6-DECACHLOROOCTAHYDRO-, 1,3,4-THIADIAZOL-2-AMINE, 5-(5-NITRO-2-FURANYL)-, 1,3,5-TRIAZINE-2,4-DIAMINE, 6-CHLORO-N-ETHYL-N'-(1-METHYLETHYL)-, 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE, 1-CHLORO-, 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE, 1,3-DICHLORO-, 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE, 1,3-DICHLORO-, POTASSIUM SALT, 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE, 1,3-DICHLORO-, SODIUM SALT, 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE, 1,3-DICHLORO-, SODIUM SALT, DIHYDRATE, 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE, 1,3,5-TRICHLORO-, 1,3,5-TRIAZINE, HEXAHYDRO-1,3,5-TRINITRO-, 1,3,5,7-TETROXOCANE, 2,4,6,8-TETRAMETHYL-, 1,4-BENZENEDIAMINE, N,N'-BIS(1-METHYLPROPYL)-, 1,4-BENZENEDIAMINE, N,N'-BIS(1,4-DIMETHYLPENTYL)-, 1,4:5,8-DIMETHANONAPHTHALENE, 1,2,3,4,10,10-HEXACHLORO-1,4,4A,5,8,8A-HEXAHYDRO-, (1.ALPHA.,4.ALPHA.,4A.BETA.,5.ALPHA.,8.ALPHA.,8A.BETA. 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. Fee Schedule It's also worth noting that while the RTKL does not define "person," that term is defined inthe Statutory Construction Act as "a corporation, partnership, limited liability company, business trust, other association, government entity (other than the Commonwealth), estate, trust, foundation or natural person.". 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. Under the RTKL, an agency has the burden of proving that is is permitted to (or, in some cases, required to) withholda record. Review your records management policy and ensure that all employees comply with it. OHSA Permissible Exposure Levels . (3)Reliable, current and accurate scientific evidence shall demonstrate the elements of paragraph (2). (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)). Please enable scripts and reload this page. 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 Chapter 21I) planning and reporting requirements. Emergency Planning and Community Right-to-Know Act (EPCRA); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); and. 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. (3)Other parties that the Department may consider, in its discretion, to have an appropriate interest in the testing request. HANDS New York Hazardous Substances Release and Bulk Storage . entitled "Tax collection records" states as follows: "(c) This section shall not be construed to do any of the following: (1) Make a tax collector an "agency" or authorize requests of the tax collector for records pursuant to the act of June 21, 1957 (P.L. Community Right to Know Act N.J.S.A. For gasoline (all grades combined) at a retail gas station, the threshold level . To assist agencies, the OOR has posted numerous sample affidavits on its website which can be downloaded and modified for agency use. Also, the current law established the Office of Open Records which makes it simple and free for a requester to appeal an agency denial. The action will be considered by the Department upon receipt of a written request which contains the following information: (1)The name and address of the requesting party. seq. You may be trying to access this site from a secured browser on the server. This appeal must be filed within 15 business days of the denial or deemed denied. This section cited in 34 Pa. Code 323.4 (relating to additions and deletions to the Hazardous Substance List). (In other words, does it document a transaction or activity of an agency? )-, 5-ISOBENZOFURANCARBOXYLIC ACID, 1,3-DIHYDRO-1,3-DIOXO-, 5,12-NAPHTHACENEDIONE, 10-[(3-AMINO-2,3,6-TRIDEOXY-.ALPHA.-L-LYXO-HEXOPYRANOSYL)OXY]- 7,8,9,10-TETRAHYDRO-6,8,11-TRIHYDROXY-8-(HYDROXYACETYL)-1-METOXY-, (8S-CIS)-, 5,12-NAPHTHACENEDIONE, 10-[(3-AMINO-2,3,6-TRIDEOXY-.ALPHA.-L-LYXO-HEXOPYRANOSYL)OXY]- 7,8,9,10-TETRAHYDRO-6,8,11-TRIHYDROXY-8-(HYDROXYACETYL)-1-METOXY-, HYDROCHLORIDE, (8S-CIS)-, 5,12-NAPHTHACENEDIONE, 8-ACETYL-10-[(3-AMINO-2,3,6-TRIDEOXY-.ALPHA.-L-LYXO-HEXOPYRANOSYL)OXY]- 7,8,9,10-TETRAHYDRO-6,8,11-TRIHYDROXY-1-METHOXY-, (8-CIS)-, 5H-PYRIDO[4,3-B]INDOL-3-AMINE, 1,4-DIMETHYL-, 6,9-METHANO-2,4,3-BENZODIOXATHIEPIN, 6,7,8,9,10,10-HEXACHLORO-1,5,5A,6,9,9A-HEXAHYDRO-, 3-OXIDE, 6,9-METHANO-2,4,3-BENZODIOXATHIEPIN, 6,7,8,9,10,10-HEXACHLORO-1,5,5A,6,9,9A-HEXAHYDRO-, 3-OXIDE, (3.ALPHA.,5A.ALPHA.,6.BETA.,9.BETA.,9A.ALPHA. The RTKL includes 30 exceptions agencies may use to withhold records. 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. Chapter 323 - Hazardous Substance List. WITH N,N-DIMETHYLMETHANAMINE (1:1), ACETIC ACID, (2,4,5-TRICHLOROPHENOXY)-, COMPD. Chapter 323 - Hazardous Substance List. In general, an agency open records officer is immune from civil penalties for denying a request. Has the OOR promulgated regulations for the RTKL? 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." Right-to-Know Appeals Officer Claims Information 15thFloor, Strawberry Square It was signed into lawon Feb.14, 2008. 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 Prop. DEP now offers streamlined alternatives to a Right-To-Know request that are easier to submit and result in quicker turnaround time. All Right-to-Know Law (RTKL) requests must be addressed to the Right-to-Know Officer (Open Records), as follows: Office of Attorney General Pennsylvania Right-to-Know . Requesters will be provided with an estimate on the cost of copying, flash drives, postage, etc., prior to duplication and mailing. AP 2017-0421) and Pysher v. Clinton Twp. SRS can also be searched by a specific regulatory list and shows all the chemicals on that particular list. In general, an agency must submit an affidavit sworn to under the penalty of perjury to support its assertion. Here are several basic steps every agency should take: Appoint a good Agency Open Records Officer. Are volunteer fire companies and their records subject to the Right-to-Know Law? 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). How does an agency provide evidence to meet its burden of proof? )-, 19-NORPREGNA-1,3,5(10)-TRIEN-20-YNE-3,17-DIOL, (17.ALPHA. 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). The Department of Labor & Industry, through the Health & Safety Division, acts as the data collector between employers and the community. 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. Every record goes through the same two-part analysis to determine whether it is a public record and subject to release: 1. Effective May 1, 2018, the DEP Right-to-Know office will require prepayment for all Right-to-Know requests where costs are incurred. 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