[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR717.15]

[Page 110-111]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 717--RECORDS AND REPORTS OF ALLEGATIONS THAT CHEMICAL SUBSTANCES CAUSE 
SIGNIFICANT ADVERSE REACTIONS TO HEALTH OR THE ENVIRONMENT--Table of 
Contents
 
                      Subpart A--General Provisions
 
Sec. 717.15  Recordkeeping requirements.

    (a) Establishment and location of records. A firm subject to this 
part shall establish and maintain records of significant adverse 
reactions alleged to have been caused by chemical substances or mixtures 
manufactured or processed by the firm. Such records shall be kept at the 
firm's headquarters or at any other appropriate location central to the 
firm's chemical operations.
    (b) Content of records. The record shall consist of the following:
    (1) The original allegation as received.
    (2) An abstract of the allegation and other pertinent information as 
follows:
    (i) The name and address of the plant site which received the 
allegation.
    (ii) The date the allegation was received at that site.
    (iii) The implicated substance, mixture, article, company process or 
operation, or site discharge.
    (iv) A description of the alleger (e.g., ``company employee,'' 
``individual consumer,'' ``plant neighbor''). If the allegation involves 
a health effect, the sex and year of birth of the individual should be 
recorded, if ascertainable.
    (v) A description of the alleged health effect(s). The description 
must relate how the effect(s) became known and the route of exposure, if 
explained in the allegation.
    (vi) A description of the nature of the alleged environmental 
effect(s), identifying the affected plant and/or animal species, or 
contaminated portion of the physical environment.
    (3) The results of any self-initiated investigation with respect to 
an allegation. (EPA does not require persons subject to this part to 
investigate allegations received, and no provision of this part shall be 
construed to imply that EPA recommends, encourages or requires such 
investigation.)
    (4) Copies of any further required records or reports relating to 
the allegation. For example, if an employee allegation results in a 
requirement for the firm to record the case on Occupational Safety and 
Health Form 101 or appropriate substitute (see 29 CFR part 1904 for 
requirements under the Occupational Safety and Health Act of 1970), a 
copy of that OSHA record must be included in the allegation record.
    (c) File structure. Records must be retrievable by the alleged cause 
of the significant adverse reaction, which cause may be one of the 
following:
    (1) A specific chemical identity.
    (2) A mixture.
    (3) An article.
    (4) A company process or operation.
    (5) A site emission, effluent or other discharge.
    (d) Retention period. Records of significant adverse reactions to 
the health of employees shall be retained for a period of 30 years from 
the date such reactions were first reported to or known by the person 
maintaining such records. This provision requires persons subject to 
this part to retain for 30 years an employee health related allegation, 
arising from any employment related exposure, whether or not such 
allegation was submitted by or on the behalf of that recordkeeper's own 
employee. Any other record of significant

[[Page 111]]

adverse reactions shall be maintained for a period of five years from 
the date the information contained in the record was first reported to 
or known by the person maintaining the record.
    (e) Transfer of records. (1) If a firm ceases to do business, the 
successor must receive and keep all the records that must be kept under 
this part.
    (2) If a firm ceases to do business and there is no successor to 
receive and keep the records for the prescribed period, these records 
must be transmitted to EPA. See Sec. 717.17(c) for the address to which 
such records must be sent.

[48 FR 38187, Aug. 22, 1983, as amended at 49 FR 23183, June 5, 1984; 58 
FR 34204, June 23, 1993]