[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: 40CFR721.72]

[Page 159-164]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES--Table of Contents
 
                 Subpart B--Certain Significant New Uses
 
Sec. 721.72  Hazard communication program.

    Whenever a substance is identified in subpart E of this part as 
being subject to this section, a significant new use of that substance 
is any manner or method of manufacture, import, or processing associated 
with any use of that substance without establishing a hazard 
communication program as described in this section.
    (a) Written hazard communication program. Each employer shall 
develop and implement a written hazard communication program for the 
substance in each workplace. The written program will, at a minimum, 
describe how the requirements of this section for labels, MSDSs, and 
other forms of warning material will be satisfied. The employer must 
make the written hazard communication program available, upon request, 
to all employees, contractor employees, and their designated 
representatives. The employer may rely on an existing hazard 
communication program, including an existing program established under 
the Occupational Health and Safety Administration (OSHA) Hazard 
Communication Standard (29 CFR 1900.1200), to comply with this paragraph 
provided that the existing hazard communication program satisfies the 
requirements of this paragraph. The written program shall include the 
following:
    (1) A list of each substance identified in subpart E of this part as 
subject to this section known to be present in the

[[Page 160]]

work area. The list must be maintained in the work area and must use the 
identity provided on the appropriate MSDS for each substance required 
under paragraph (c) of this section. The list may be compiled for the 
workplace or for individual work areas.
    (2) The methods the employer will use to inform employees of the 
hazards of non-routine tasks involving the substance, for example, the 
cleaning of reactor vessels, and the hazards associated with the 
substance contained in unlabeled pipes in their work area.
    (3) The methods the employer will use to inform contractors of the 
presence of the substance in the employer's workplace and of the 
provisions of this part applicable to the substance if employees of the 
contractor work in the employer's workplace and are reasonably likely to 
be exposed to the substance while in the employer's workplace.
    (b) Labeling. (1) Each employer shall ensure that each container of 
the substance in the workplace is labeled in accordance with this 
paragraph (b)(1).
    (i) The label shall, at a minimum, contain the following 
information:
    (A) A statement of health hazard(s) and precautionary measure(s) for 
the substance, if any, identified in subpart E of this part or by the 
employer.
    (B) The identity by which the substance may be commonly recognized.
    (C) A statement of environmental hazard(s) and precautionary 
measure(s) for the substance, if any, identified in subpart E of this 
part or by the employer.
    (D) A statement of exposure and precautionary measure(s), if any, 
identified in subpart E of this part or by the employer.
    (ii) The employer may use signs, placards, process sheets, batch 
tickets, operating procedures, or other such written materials in lieu 
of affixing labels to individual stationary process containers, as long 
as the alternative method identifies the containers to which it is 
applicable and conveys information specified by paragraph (b)(1)(i) of 
this section. Any written materials must be readily accessible to the 
employees in their work areas throughout each work shift.
    (iii) The employer need not label portable containers into which the 
substance is transferred from labeled containers, and which are intended 
only for the immediate use of the employee who performs the transfer.
    (iv) The employer shall not remove or deface an existing label on 
incoming containers of the substance unless the container is immediately 
relabeled with the information specified in paragraph (b)(1)(i) of this 
section.
    (2) Each employer shall ensure that each container of the substance 
leaving its workplace for distribution in commerce is labeled in 
accordance with this paragraph.
    (i) The label shall, at a minimum, contain the following 
information:
    (A) The information required under paragraph (b)(1)(i) of this 
section.
    (B) The name and address of the manufacturer or a responsible party 
who can provide additional information on the substance for hazard 
evaluation and any appropriate emergency procedures.
    (ii) The label shall not conflict with the requirements of the 
Hazardous Materials Transportation Act (18 U.S.C. 1801 et. seq.) and 
regulations issued under that Act by the Department of Transportation.
    (3) The label, or alternative forms of warning, shall be legible and 
prominently displayed.
    (4) The label, or alternative forms of warning, shall be in English; 
however, the information may be repeated in other languages.
    (5) If the label or alternative form of warning is to be applied to 
a mixture containing a substance identified in subpart E of this part as 
subject to this section in combination with another substance identified 
in subpart E of this part and/or a substance defined as a ``hazardous 
chemical'' under the Occupational Safety and Health Administration 
(OSHA) Hazard Communication Standard (29 CFR 1900.1200), the employer 
may prescribe on the label, MSDS, or alternative form of warning, the 
measures to control worker exposure or environmental release which the 
employer determines provide the greatest degree of protection. However, 
should these control measures differ from the applicable measures 
required

[[Page 161]]

under subpart E of this part, the employer must seek a determination of 
equivalency for such alternative control measures pursuant to 
Sec. 721.30 before prescribing them under this paragraph.
    (c) Material safety data sheets. (1) Each employer must obtain or 
develop a MSDS for the substance.
    (2) Each MSDS shall contain, at a minimum, the following 
information:
    (i) The identity used on the container label of the substance under 
this section, and, if not claimed confidential, the chemical and common 
name of the substance. If the chemical and common name are claimed 
confidential, a generic chemical name must be used.
    (ii) Physical and chemical characteristics of the substance known to 
the employer (such as vapor pressure, flash point).
    (iii) The physical hazards of the substance known to the employer, 
including the potential for fire, explosion, and reactivity.
    (iv) The potential human and environmental hazards as specified in 
subpart E of this part for the substance.
    (v) Signs and symptoms of exposure, and any medical conditions which 
are expected to be aggravated by exposure to the substance known to the 
employer.
    (vi) The primary routes of exposure to the substance.
    (vii) Precautionary measures to control worker exposure and/or 
environmental release identified in subpart E of this part for the 
substance, or alternative control measures which EPA has determined 
under Sec. 721.30 provide substantially the same degree of protection as 
the identified control measures.
    (viii) Any generally applicable precautions for safe handling and 
use of the substance which are known to the employer, including 
appropriate hygienic practices, protective measures during repair and 
maintenance of contaminated equipment, and procedures for response to 
spills and leaks.
    (ix) Any generally applicable control measures which are known to 
the employer, such as appropriate engineering controls, work practices, 
or personal protective equipment.
    (x) Emergency first aid procedures known to the employer.
    (xi) The date of preparation of the MSDS or of its last revision.
    (xii) The name, address, and telephone number of the individual 
preparing or distributing the MSDS, or a responsible party who can 
provide additional information on the substance for hazard evaluation 
and any appropriate emergency procedures.
    (3) If no relevant information is found or known for any given 
category on the MSDS, the employer must mark the MSDS to indicate that 
no applicable information was found.
    (4) Where multiple mixtures containing the substance have similar 
compositions (i.e., the chemical ingredients are essentially the same, 
but the specific composition varies from mixture to mixture) and similar 
hazards, the employer may prepare one MSDS to apply to all of these 
multiple mixtures.
    (5) If the employer becomes aware of any significant new information 
regarding the hazards of the substance or ways to protect against the 
hazards, this new information must be added to the MSDS within 3 months 
from the time the employer becomes aware of the new information. If the 
substance is not currently being manufactured, imported, processed, or 
used in the employer's workplace, the employer must add the new 
information to the MSDS before the substance is reintroduced into the 
workplace.
    (6) The employer must ensure that persons receiving the substance 
from the employer are provided an appropriate MSDS with their initial 
shipment and with the first shipment after an MSDS is revised. The 
employer may either provide the MSDS with the shipped containers or send 
it to the person prior to or at the time of shipment.
    (7) The employer must maintain a copy of the MSDS in its workplace, 
and must ensure that it is readily accessible during each work shift to 
employees when they are in their work areas.
    (8) The MSDS may be kept in any form, including as operating 
procedures, and may be designed to cover groups of substances in a work 
area where it may be more appropriate to

[[Page 162]]

address the potential hazards of a process rather than individual 
substances. However, in all cases, the required information must be 
provided for each substance and must be readily accessible during each 
work shift to employees when they are in their work areas.
    (9) The MSDS must be printed in English; however, the information 
may be repeated in other languages.
    (d) Employee information and training. Each employer must ensure 
that employees are provided with information and training on the 
substance identified in subpart E of this part. This information and 
training must be provided at the time of each employee's initial 
assignment to a work area containing the substance and whenever the 
substance subject to this section is introduced into the employee's work 
area for the first time.
    (1) Information provided to employees under this paragraph shall 
include:
    (i) The requirements of this section.
    (ii) Any operations in the work area where the substance is present.
    (iii) The location and availability of the written hazard 
communication program required under paragraph (a) of this section, 
including the list of substances identified in subpart E of this part as 
subject to this section, and MSDSs required by paragraph (c) of this 
section.
    (2) Training provided to employees shall include:
    (i) Methods and observations that may be used to detect the presence 
or release of the substance in or from an employee's work area (such as 
monitoring conducted by the employer, continuous monitoring devices, 
visual appearance, or odor of the substance when being released).
    (ii) The potential human health and environmental hazards of the 
substance as specified in subpart E of this part.
    (iii) The measures employees can take to protect themselves and the 
environment from the substance, including specific procedures the 
employer has implemented to protect employees and the environment from 
exposure to the substance, including appropriate work practices, 
emergency procedures, personal protective equipment, engineering 
controls, and other measures to control worker exposure and/or 
environmental release required under subpart E of the part, or 
alternative control measures which EPA has determined under Sec. 721.30 
provide substantially the same degree of protection as the specified 
control measures.
    (iv) The requirements of the hazard communication program developed 
by the employer under this section, including an explanation of the 
labeling system and the MSDS required by this section and guidance on 
obtaining and using appropriate hazard information.
    (e) Low concentrations in mixtures. If a substance identified in 
subpart E of this part is present in the work area only as a mixture, an 
employer is exempt from the provisions of this section if the 
concentration of the substance in the mixture does not exceed a 
concentration set in subpart E of this part. The exemption does not 
apply if the employer has reason to believe that during intended use or 
processing in the work area, the substance in the mixture may be 
concentrated above the level set in subpart E of this part.
    (f) Existing hazard communication program. The employer need not 
take additional actions if existing programs and procedures satisfy the 
requirements of this section.
    (g) Human health, environmental hazard, exposure, and precautionary 
statements. Whenever referenced in subpart E of this part for a 
substance, the following human health and environmental hazard, 
exposure, and precautionary statements shall appear on each label as 
specified in paragraph (b) of this section and the MSDS as specified in 
paragraph (c) of this section. Additional statements may be included as 
long as they are true and do not alter the meaning of the required 
statements.
    (1) Human health hazard statements: This substance may cause:
    (i) Skin irritation.
    (ii) Respiratory complications.
    (iii) Central nervous system effects.
    (iv) Internal organ effects.
    (v) Birth defects.
    (vi) Reproductive effects.
    (vii) Cancer.
    (viii) Immune system effects.
    (ix) Developmental effects.

[[Page 163]]

    (2) Human health hazard precautionary statements: When using this 
substance:
    (i) Avoid skin contact.
    (ii) Avoid breathing substance.
    (iii) Avoid ingestion.
    (iv) Use respiratory protection.
    (v) Use skin protection.
    (3) Environmental hazard statements: This substance may be:
    (i) Toxic to fish.
    (ii) Toxic to aquatic organisms.
    (4) Environmental hazard precautionary statements: Notice to users:
    (i) Disposal restrictions apply.
    (ii) Spill clean-up restrictions apply.
    (iii) Do not release to water.
    (5) Each human health or environmental hazard precautionary 
statement identified in subpart E of this part for the label on the 
substance container must be followed by the statement, ``See MSDS for 
details.''
    (h) Human health, environmental hazard exposure and precautionary 
statements. (1) Whenever referenced in subpart E of this part for a 
substance, the following human health, environmental hazard, exposure, 
and precautionary statements shall appear on each label as specified in 
paragraph (b) of this section. Additional statements may be included as 
long as they are true and do not alter the meaning of the required 
statements.
    (i) Precautionary statements. (A) The health effects of this 
chemical substance have not been determined.
    (B) When using this substance, use skin protection.
    (C) Use respiratory protection when there is a reasonable likelihood 
of exposure in the work area from dust, mist, or smoke from spray 
application.
    (D) Chemicals similar in structure to this substance have been found 
to cause cancer in laboratory animals.
    (ii) Human health hazard statements. This substance may cause:
    (A) Skin irritation
    (B) Respiratory complications
    (C) Central nervous system effects
    (D) Internal organ effects
    (E) Birth defects
    (F) Reproductive effects
    (G) Cancer
    (H) Immune system effects
    (I) Developmental effects
    (iii) Human health hazard precautionary statements. When using this 
substance:
    (A) Avoid skin contact
    (B) Avoid breathing substance
    (C) Avoid ingestion
    (D) Use respiratory protection
    (E) Use skin protection
    (iv) Environmental hazard statements. This substance may be:
    (A) Toxic to fish
    (B) Toxic to aquatic organisms
    (v) Environmental hazard precautionary statements. Notice to Users:
    (A) Disposal restrictions apply
    (B) Spill clean-up restrictions apply
    (C) Do not release to water.
    (vi) Additional statements. Each human health or environmental 
precautionary statement identified in subpart E of this part for the 
label on the substance container must be followed by the statement, 
``See MSDS for details.''
    (2) Whenever referenced in subpart E of this part for a substance, 
the following human health, environmental hazard, exposure, and 
precautionary statements shall appear on each MSDS as specified in 
paragraph (c) of this section. Additional statements may be included as 
long as they are true and do not alter the meaning of the required 
statements.
    (i) Precautionary statements. (A) The health effects of this 
chemical substance have not been determined.
    (B) When using this substance, use skin protection.
    (C) Use respiratory protection when there is a reasonable likelihood 
of exposure in the work area from dust, mist, or smoke from spray 
application.
    (D) Chemicals similar in structure to this substance have been found 
to cause cancer in laboratory animals.
    (ii) Human health hazard statements. This substance may cause:
    (A) Skin irritation
    (B) Respiratory complications
    (C) Central nervous system effects
    (D) Internal organ effects
    (E) Birth defects
    (F) Reproductive effects
    (G) Cancer
    (H) Immune system effects
    (I) Developmental effects

[[Page 164]]

    (iii) Human health hazard precautionary statements. When using this 
substance:
    (A) Avoid skin contact
    (B) Avoid breathing substance
    (C) Avoid ingestion
    (D) Use respiratory protection
    (E) Use skin protection
    (iv) Environmental hazard statements. This substance may be:
    (A) Toxic to fish
    (B) Toxic to aquatic organisms
    (v) Environmental hazard precautionary statements. Notice to Users:
    (A) Disposal restrictions apply
    (B) Spill clean-up restrictions apply
    (C) Do not release to water.

[54 FR 31308, July 27, 1989, as amended at 55 FR 45996, Oct. 31, 1990; 
58 FR 34204, June 23, 1993]