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. (10)American Conference of Governmental Hygienists list found in Threshold Limit Value for Chemical Substances and Physical Agents in the Workplace.. OHSA Permissible Exposure Levels . No. Pennsylvania Code, Title 34, Chapters 301-323, Right To Know Regulations . 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. Can a requester ask for records in person or by telephone? The provisions of this Appendix A adopted August 1, 1986, effective August 2, 1986, 16 Pa.B. 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). It was signed into lawon Feb.14, 2008. The Pennsylvania Department of Labor & Industry has developed the Online Hazardous Substance Survey Form (HSSF) to assist you in reporting 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. 56-81-5 Revision Date 2007-03-01 Anti-Rabbit IgG - Atto . Search public notices by typing keywords in the Search field below, or by checking one or more boxes beside the filters listed on the right side. 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. 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. Here are several basic steps every agency should take: Appoint a good Agency Open Records Officer. While vital statistics records are generally subject to the RTKL, in some cases (including adoption records) other laws trump the RTKL. If you have any questions In general, an agency open records officer is immune from civil penalties for denying a request. 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. The RTKLdoes not distinguish between various types of records (e.g., printed letters and memos, electronic databases, emails, itemized cell phone bills, etc.). Premanufacture Notice Number . The first draft was posted on March 1, 2017, and an updated draft was posted on Dec. 30, 2020. Does the RTKL cover records created before Jan. 1, 2009? 7348 (November 26, 2022). Pennsylvania Code (Rules and Regulations) Title 34 - LABOR AND INDUSTRY. changes effective through 52 Pa.B. You are not required to state a reason for making a request for records. Should I use the RTKL? (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. 1317 and 1321). 7412). Can an agency limit the number of requests that a requester can make? Some of the records agencies may withhold under the 30 exceptions in the RTKL include: Yes. Starting January 1, 2023, all follow-up spill reports must be submitted online. If a valid RTKL request is made, the settlement agreement must be provided. All employers must comply with the community provisions which provide hazardous chemical information to the public and emergency response agencies. Secure .gov websites use HTTPS (3)Reliable, current and accurate scientific evidence shall demonstrate the elements of paragraph (2). 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 Workers' Compensation Insurance RTKL requests are not considered submitted if sent to anyone other than at the contact information above. Vol. Clicking on items in the results list will display the documents. 2909, unless otherwise noted. Contact Information The records are public and must be provided by the agency to the extent not otherwise protected from disclosure. Harrisburg, PA 17120. 5511.4c. )-, ZINC, DICHLORO(4,4-DIMETHYL-5((((METHYLAMINO)CARBONYL)OXY)IMINO) PENTANENITRILE)-,(T-4), ZINCATE(2-), TETRACHLORO-, DIAMMONIUM, (T-4)-, ZIRCONATE(2-), HEXAFLUORO-, DIPOTASSIUM, (OC-6-11)-, 1-PROPANAMINE, 2-METHYL-N-(2-METHYLPROPYL)-, 1-PROPANOL, 2,3-DIBROMO-, PHOSPHATE (3:1), 1-PROPENE, 1,3-DICHLORO-, MIXT. 2010-09-23T09:30:43-04:00 Right-to-Know Appeals Officer Keystone State. Act 165 is not an unfunded mandate. 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. As a result, all agencies must provide due process considerations to agency employees affected by a RTKL request. Regulatory lists include those managed by EPA and other federal agencies and states. Our page regarding How to File a Right-to-Know Request has more information. No statutes or acts will be found at this website. Act 1984-159 - Pennsylvania Worker and Community Right to Know . The Pennsylvania Worker and Community Right to Know Act (Act 159 of 1984) requires public sector employers in the commonwealth The RTKHSL contains over 2,000 hazardous substances, including those on the Special Health Hazard Substance List (SHHSL). Thus, anylegal resident of the United States can file a request under the RTKL. )-, ANDROSTAN-3-ONE, 17-HYDROXY-2-(HYDROXYMETHYLENE)-17-METHYL-, (5.ALPHA.,17.BETA. Compliance On-site testing of environmental hazards. (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. A .gov website belongs to an official government organization in the United States. When did the current Right-To-Know Law take effect? Under section 3 of the act (35 P. S. 7303), the Department adopts a Hazardous Substance List as set forth in Appendix A. However, courts havediscretion in regards to imposing penalties and costs for willful and wanton disregard of the law. (d)In an emergency, the Department may undertake testing at the Commonwealths expense. 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. What about an agency open records officer (AORO)? 159) (35 P. S. 7303). The provisions of this Chapter 323 adopted August 1, 1986, effective December 1, 1986, 16 Pa.B. *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. (2)The party requesting the on-site testing. Are volunteer fire companies and their records subject to the Right-to-Know Law? 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. information about hazardous chemicals to be communicated to Pennsylvanias workers and citizens. to report information about the hazardous chemicals used, produced or stored at their work sites. WITH O,O-DIETHYL S-[2-(ETHYLTHIO)ETHYL] PHOSPHOROTHIOATE, PHOSPHOROTHIOIC ACID, O,O-DIETHYL O-[4-(METHYLSULFINYL)PHENYL] ESTER, PHOSPHOROTHIOIC ACID, O,O-DIETHYL O-[6-METHYL-2-(1-METHYLETHYL)-4-PYRIMIDINYL] ESTER, PHOSPHOROTHIOIC ACID, O,O-DIMETHYL O-(2,4,5-TRICHLOROPHENYL) ESTER, PHOSPHOROTHIOIC ACID, O,O-DIMETHYL O-(4-NITROPHENYL) ESTER, PHOSPHOROTHIOIC ACID, O,O-DIMETHYL O-[3-METHYL-4-(METHYLTHIO)PHENYL] ESTER, PHOSPHOROTHIOIC ACID, O,O-DIMETHYL-S-(2-METHYLTHIO)ETHYL ESTER, PHOSPHOROTHIOIC ACID, O,O'-(THIODI-4,1-PHENYLENE) O,O,O',O'-TETRAMETHYL ESTER, POLY(OXYMETHYLENE), .ALPHA.-HYDRO-.OMEGA.-HYDROXY-, POLY[OXY(METHYL-1,2-ETHANEDIYL)], .ALPHA.-[(2,4-DICHLOROPHENOXY)ACETYL]-.OMEGA.-BUTOXY-, PROPANAL, 2-METHYL-2-(METHYLTHIO)-, O-[(METHYLAMINO)CARBONYL]OXIME, PROPANEDINITRILE, [(2-CHLOROPHENYL)METHYLENE]-, PROPANEPEROXOIC ACID, 2,2-DIMETHYL-, 1,1-DIMETHYLETHYL ESTER, PROPANOIC ACID, 2-(2,4,5-TRICHLOROPHENOXY)-, PROPANOIC ACID, 2-(2,4,5-TRICHLOROPHENOXY)-, ISOOCTYL ESTER, PROPANOIC ACID, 2-HYDROXY-, 1-METHYLETHYL ESTER, PROPANOIC ACID, 2-METHYL-2-[4-(1,2,3,4-TETRAHYDRO-1-NAPHTHALENYL)PHENOX Y]-, PYRIDINE, 3-(1-METHYL-2-PYRROLIDINYL)-, (S)-, PYRIDINE, 3-(1-NITROSO-2-PYRROLIDINYL)-, (S)-, SHALE OILS (CRUDE DISTILLATION FRACTIONS), SHALE OILS (FRACTIONS OF HIGH TEMPERATURE), SILICA AMORPHOUS DIATOMACEOUS EARTH (UNCALCINED), SILICIC ACID (H4SIO4), BERYLLIUM SALT (1:2), SILICIC ACID (H6SI2O7), COBALT(2+) MAGNESIUM SALT (1:2:1), SILICIC ACID (H8SI3O10), OCTAMETHYL ESTER, SOLVENT (BENZENE) EXTRACTS OF MOST CARBON BLACKS, SUBTILISINS (PROTEOLYTIC ENZYMES AS 100 PERCENT PURE CRYSTALLINE ENZYME), SULFURIC ACID, AMMONIUM IRON(2+) SALT (2:2:1), SULFURIC ACID, AMMONIUM NICKEL(2+) SALT (2:2:1), SULFUROUS ACID, 2-[4-(1,1-DIMETHYLETHYL)PHENOXY]CYCLOHEXYL 2-PROPYNYL ESTER, SULFUROUS ACID, 2-CHLOROETHYL 2-[4-(1,1-DIMETHYLETHYL)PHENOXY]-1-METHYLETHYL ESTER, THIODIPHOSPHORIC ACID ([(HO)2P(S)]2O), TETRAETHYL ESTER, THIOPEROXYDICARBONIC DIAMIDE ([(H2N)C(S)]2S2), TETRAETHYL-, THIOPEROXYDICARBONIC DIAMIDE ([(H2N)C(S)]2S2), TETRAMETHYL-, THIOSULFURIC ACID (H2S2O3), DIAMMONIUM SALT, URANIUM, BIS(NITRATO-O,O')DIOXO-, (OC-6-11)-, UREA, N-(2-CHLOROETHYL)-N'-CYCLOHEXYL-N-NITROSO-, UREA, N'-(3,4-DICHLOROPHENYL)-N,N-DIMETHYL-, VANADIUM ALLOY, BASE, V,C,FE (FERROVANADIUM), WOOD DUST (CERTAIN HARDWOODS AS BEACH AND OAK) SOFTWOOD, YOHIMBAN-16-CARBOXYLIC ACID, 11,17-DIMETHOXY-18-[(3,4,5-TRIMETHOXYBENZOYL)OXY]-, METHYL ESTER, (3.BETA.,16.BETA.,17.ALPHA.,18.BETA.,20.ALPHA. Does the OOR recommend state and local agencies take any particular actions to comply with the RTKL? Please enable scripts and reload this page. SARA 311/312 Hazards Chronic Health Hazard Massachusetts Right To Know Components glycerine CAS-No. Most of the current RTKLtook effect on Jan.1, 2009, but the entire law took effect in three stages: Under the current RTKL, all state and local government agency records are presumed to be public. H=E|[t;Cp:3s,XcZ|hcJ?Y"dUde"I)l-)x,>9Z{)ug&;)RDQc;>* Stat. This means that if an agency wants to withhold a record, it must prove that it is entitled to do so under the RTKL, another law or regulation, privilege (such as attorney-client privilege), or court order. Only substances on the Hazardous Substance List in Appendix A which have the letter S are part of the Special Hazardous Substance List. (Those are found in Section 708(b).) Such language has no effect. A requester can ask, but agencies are not required to provide records in response to verbal requests. Those serve as guidance until formal regulations are approved. (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. The Massachusetts Substance List is contained in 105 CMR 670.000: Appendix A. Uninsured Employers Guaranty Fund Are settlement agreements available to the public? 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. Keystone State. Acrobat Distiller 8.1.0 (Windows) Emergency Planning and Community Right-to-Know Act (EPCRA). 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. The provisions of this Appendix A amended under section 3 of the act of October 5, 1984 (P. L. 734, No. Automatic additions to Hazardous Substance List. WITH N,N-DIMETHYLMETHANAMINE (1:1), ACETIC ACID, (2,4,5-TRICHLOROPHENOXY)-, COMPD. 313. 2010 HSL A-Z Workers' Compensation Forms (Of course, sometimes it makes good sense for agencies to do so. )]-, BENZ[J]ACEANTHRYLENE, 1,2-DIHYDRO-3-METHYL-, BENZAMIDE, N-(1-METHYLETHYL)-4-[(2-METHYLHYDRAZINO)METHYL]-, BENZAMIDE, N-(1-METHYLETHYL)-4-[(2-METHYLHYDRAZINO)METHYL]-, MONOHYDROCHLORIDE, BENZAMIDE, 3,5-DICHLORO-N-(1,1-DIMETHYL-2-PROPYNYL)-, BENZAMIDE, 5-CHLORO-N-(2-CHLORO-4-NITROPHENYL)-2-HYDROXY-, COMPD. 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. includes 2,335 substances that have been identified by the department to pose health hazards and/or safety concerns to workers and citizens or The only exception is if the agreement has been sealed by a court of competent jurisdiction. Accidental release prevention requirements under CAA 112(r) (40 CFR Part 68). 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. 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 has posted draft regulations here. Constituent requests to a member of the House or Senate. Panel Providers Make sure the AORO is registered with the OOR. 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. 67.101 et seq. 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. WITH 1-BUTANAMINE (1:1), 9-OCTADECENOIC ACID, 12-(ACETYLOXY)-, BUTYL ESTER, [R-(Z)]-. (7)National Toxicology Programs list of substances published in their latest Annual Report on Carcinogens. This list is also referred to as the Option 2 or check-off list. Additions and deletions to the Hazardous Substance List. Request for Records:Right-to-Know Law )-, 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.BETA.,3.ALPHA.,6.ALPHA.,6A.BET.,7.BETA.,7A.ALPHA. Appendix F: CERCLA hazardous substance chemical categories. ), 2. Health Care Services Review If an agency denies a record in bad faith, acourt may impose a civil penalty of up to $1,500 per record. WITH N-METHYLMETHANAMINE (1:1), ACETIC ACID, (2,4,5-TRICHLOROPHENOXY)-, COMPD. 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. I'm trying to access to adoption records. You may search the Pennsylvania Code online database by entering information in the box below. )-, 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. The OOR does not maintain or control the records of any local or Commonwealth agency. 21051. )-, 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. These lists should be used as a reference tool, not as a definitive source of compliance information. INGREDIENTS (B) CHEMICAL ABSTRACTS. Compliance Checklist for Public Sector Employers. It can help you look and feel like your best self. PATHS Cmwlth.) Fee Schedule If so, is it a public record? Request for Records: 65 P.S. 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. HANDS 67.101 et seq. Pennsylvania citizens and workers have a "right to know" about chemical hazards present where they live and work. Yes. NOT regulated by DEP. What documents should PA Tier II Submitters have prepared to attach in the Tier II Reports? (b)The Department will annually submit to the Legislative Reference Bureau for recommended publication as a notice in the Pennsylvania Bulletin a recompilation of Appendix A, containing additions and deletions made under 323.4 (relating to additions and deletions to the Hazardous Substance List) and this section. The Office of Open Records has prepared numerous guides to assist agencies in responding to Right-to-Know requests. AP 2017-0421) and Pysher v. Clinton Twp. Can an agency ask why a person wants to obtain requested records? Certain privileges, such as attorney-client privilege, and court orders can also come into play. 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). 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