[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-42.302]



[Page 175]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-42_UTILIZATION AND DISPOSAL OF HAZARDOUS MATERIALS AND 

CERTAIN CATEGORIES OF PROPERTY--Table of Contents

 

Subpart 101-42.3_Donation of Hazardous Materials and Certain Categories 

                               of Property

 

Sec. 101-42.302  Responsibilities for donation of hazardous materials.



    (a) Holding agencies. Holding agencies shall be responsible for the 

identification and reporting of hazardous materials as set forth in 

Sec. Sec. 101-42.202 and 101-42.203. Pending transfer for donation, 

each holding agency shall be responsible for performing, and shall bear 

the cost of, care and handling of its hazardous materials.

    (b) State agencies. State agencies or the donee when applicable, 

shall prepare Standard Form (SF) 123, Transfer Order Surplus Personal 

Property, under Sec. 101-44.4901-123-1. A full description of the 

actual or potential hazard associated with handling, storage, or use of 

the item must be made available by providing an MSDS, HMIS data, or a 

narrative description in block 12c or included as an addendum to the SF 

123. Such description shall comply with the requirements of 29 CFR 

1910.1200. The State agency and/or donee shall sign the certification in 

Sec. 101-42.301(b). Any applicable requirements and restrictions shall 

be forwarded with the SF 123 to the GSA regional office.

    (c) General Services Administration. GSA, through its regional 

offices, shall be responsible for approving the transfer for donation of 

hazardous materials. Before approving any donation of a hazardous 

material, the GSA regional office shall make sure all required 

certifications and agreements accompany the SF 123.