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  • Resubmitting revised SDSs based on OSHA's new Hazard Communication Standards

    Pursuant to 40 CFR Part 370 , facilities must submit a material safety data sheet (MSDS) for each hazardous chemical or submit a list of all hazardous chemicals for which the facility is required to prepare or have available an MSDS under the Occupational Safety and Health Administration (OSHA) Hazard…

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  • Is oil stored in an intermediate storage tank exempt from 311 and 312?

    A transportation firm owns a pipeline that transports oil to an intermediate storage tank at their pumping station. At the pumping station the oil is sold and sent by a secondary pipeline to the purchaser. The transportation firm also owns the secondary pipeline until the pipeline reaches a valve in…

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  • Fulfilling original signature requirement for EPCRA Tier II when submitting electronically

    Pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA) section 312, facilities must submit Tier II inventory information by March 1st every year. The owner or operator or the officially designated representative of the owner or operator must submit a certification statement containing an original signature that all information…

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  • Update / correct MSDS submission or Tier II report

    Facilities that have threshold amounts of hazardous chemicals are required to submit an MSDS for each hazardous chemical and Tier II information annually to their SERC, LEPC, and local fire department ( 40 CFR 370.10(a) ). Are there any requirements to update or correct MSDS reporting or a Tier II…

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  • Range Code or Specific Weight for Maximum Amount and Average Daily Amount on Tier II Form

    When submitting Emergency Planning and Community Right-to-Know Act (EPCRA) Section 312 Tier II reports, does the owner or operator of the facility need to enter a specific weight in pounds for the maximum amount and the average daily amount of a certain hazardous chemical present at the facility, or should…

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  • Does EPCRA release reporting to State and local government agencies satisfy the CERCLA 103 requirement to report to the NRC?

    Are reports made to State and local government agencies relayed to the National Response Center (NRC) and, if so, does the original call satisfy reporting requirements under CERCLA section 103? Although reports are sometimes passed on to the NRC by State and local government agencies, a person responsible for reporting…

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  • Applicability of EPCRA 311 / 312 Reporting for Facilities Voluntarily Providing MSDSs

    EPCRA Section 311 material safety data sheet (MSDS) reporting and EPCRA Section 312 hazardous chemical inventory reporting requirements apply to any facility that is required by the Occupational Safety and Health Administration (OSHA) to prepare or have available an MSDS for a hazardous chemical and exceeds the applicable minimum threshold…

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  • Applicability of CWA broad generic categories to other provisions of CERCLA

    Are the Clean Water Act (CWA) broad generic categories for which no Reportable Quantity (RQ) has been established subject to other provisions of CERCLA? Yes. Releases of compounds within these categories, although not reportable under CERCLA section 103 (unless the compound is listed separately in 40 CFR 302.4, Table 302.4…

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  • Hazardous Waste and EPCRA sections 311 and 312

    Is hazardous waste subject to EPCRA sections 311 and 312 Material Safety Data Sheet (MSDS) and Tier II inventory reporting requirements? Pursuant to 29 CFR 1910.1200(b)(6)(i), the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard that sets the requirements for MSDSs does not apply to hazardous waste as defined…

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  • Chemicals subject to reporting (EPCRA Section 304)

    What chemicals are subject to reporting under EPCRA Section 304? Chemicals subject to Section 304 notification requirements are CERCLA hazardous substances listed under 40 CFR Table 302.4 and the extremely hazardous substances listed under 40 CFR part 355 Appendix A and B .

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  • Tank used to store ammonia to be used as both agricultural fertilizer and coolant

    Ammonia is held for sale by a retailer in a large storage tank. The retailer sells the ammonia as both an agricultural fertilizer and as a coolant for air conditioning systems. Section 311(e)(5) of EPCRA exempts from the definition of a hazardous chemical "(a)ny substance to the extent it is…

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  • Applicability of EPCRA 304 to EHSs in abandoned receptacles

    Must any amount of a listed chemical contained within abandoned or discarded barrels, containers, or other receptacles be considered to determine if a specific reportable quantity has been exceeded under the SARA Section 304 notification requirements? Section 355.61 defines a release as "any spilling, leaking, pumping, pouring, emitting emptying, discharging…

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  • Where should the Tier I form be sent and what is the deadline?

    The owner or operator subject to this reporting requirement must submit a Tier I inventory form (or the optional Tier II inventory form) for all hazardous chemicals present at the facility in excess of the established threshold to the state emergency response commission, the local emergency planning committee, and the…

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  • When and where should an air carrier report a release?

    When and where should an air carrier report a release? For instance should the release be reported to the state where the release occurred or to the airport of destination? Since aircraft should have radio communication capabilities, the report should be given to the state(s) likely to be affected by…

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  • Threshold planning quantity (TPQ) for a non-reactive extremely hazardous substance (EHS) solid handled both as a solution and as a powder

    How does a facility apply the threshold planning quantity (TPQ) for a non-reactive extremely hazardous substance (EHS) solid that is handled both as a solution and as a powder? Facilities that handle both the powdered and solution forms of a particular non-reactive solid EHS will have to consider the quantities…

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