[NOTE: Donation of hazardous materials and certain categories
of property (see definition) is governed by the special policies
and methods prescribed in 41CFR101-42.3 in addition to the
requirements of 41CFR102-37.]
184.108.40.206 Surplus chemicals identified as hazardous material and
not required for transfer as excess chemicals to Federal
agencies shall normally be made available for donation.
220.127.116.11 State Agencies for Surplus Property (SASPs) shall not
acquire hazardous materials without first confirming
eligible donees (see definition) for these products.
18.104.22.168 Surplus chemicals identified as hazardous may be
donated provided the donee is warned about the
hazardous nature of the product via MSDS, HMIS data,
or equivalent safety documentation and is provided with
special handling information.
22.214.171.124 The donee shall sign a required certification as prescribed
in 41CFR101-42.301(b) to the effect that he/she is aware of
the hazards associated with the chemical product and that
he/she is legally responsible for the use, storage, handling,
transport and disposal of the hazardous material(s).
4.5.2 Responsibilities for Donation of Hazardous Materials - The
holding agency (i.e., DOE) shall be responsible for the
identification and reporting of hazardous materials as stated in
41CFR101-42.202 and 41CFR101-42.203 (see Section 4.1.3,
126.96.36.199 The State Agency for Surplus Property (SASP) or the
donee, when applicable, shall prepare Standard Form
(SF) 123 (Transfer Order Surplus Personal Property). A
full description of the actual or potential hazard
Standard Form 123
associated with handling, storage, or use of the item must
be provided with an MSDS, HMIS data, or an equivalent
document that complies with the requirements of the
OSHA Hazard Communication Standard.
188.8.131.52 The SASP and/or donee shall sign the certification
stipulated in 41CFR101-42.301(b) and forward it with the
SF 123 to the GSA regional office. The certification is an
acknowledgment by the donee of the legal transfer of
custody of the hazardous material from the DOE
organization and the acceptance of liabilities it may entail