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  • Applicability of EPCRA 311 Exemptions To Extremely Hazardous Substances

    The definition of a hazardous chemical under EPCRA Section 311 outlines exempted chemicals that are therefore not subject to material safety data sheet (MSDS) reporting or Tier II chemical inventory reporting. Do the exemptions from the definition of hazardous chemical also apply to extremely hazardous substances (EHSs)? EHSs are a…

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  • Providing Tier II Location Information for Chemicals In Multiple Area

    Pursuant to EPCRA Section 312, facilities must submit Tier II inventory information by March 1st every year. As part of this information, facilities must provide a brief description of the precise location of the chemical so that emergency responders can easily locate the area. How should facilities that have the…

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  • Applicability of EPCRA 311 and 312 to state and local government facilities

    Are state and local government facilities subject to the Emergency Planning and Community Right-to-Know Act (EPCRA) Sections 311 and 312 in states with Occupational Safety and Health Administration (OSHA) approved state plans covering those facilities? The Occupational Safety and Health Act prohibits OSHA from covering state and local government workers…

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  • Eligibility for Gasoline and Diesel Thresholds at Retail Gas Stations

    If a retail gas station is not fully compliant with applicable Underground Storage (UST) regulations for an underground diesel tank, but is compliant for all gasoline USTs, can it use the 75,000 gallon gasoline UST threshold when determining if a threshold has been exceeded for EPCRA sections 311 and 312…

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  • Maximum Occupancy Rating for Tier II Reporting

    Tier II chemical inventory information requires as estimate of the maximum number of occupants present at any one time at the facility ( 40 CFR 370.42(f) ). If a facility is given a maximum occupancy rating by a local official, should that rating be used when completing the Tier II…

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  • How will citizens have access to Tier I or Tier II inventory forms?

    Tier I information may be obtained from state emergency response commissions or local emergency planning committees during normal working hours. Any person may request Tier II information with respect to a specific facility by sending a written request to the state emergency response commission or the local emergency planning committee…

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  • Can I plant my vegetable garden and/or farm field?

    There is no reason to believe that the particles in the smoke produced from the train derailment fire contain substances at levels of concern on residential, recreational, or agricultural properties. As an extra step, EPA is directing that soil sampling be conducted in areas most impacted by smoke and particles…

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  • Can we use our football field? What about cross country running?

    In addition to our overall guidance about soil use and safety, part of the soil sampling plan has been targeted toward recreational sites. If any results indicate a concern, the public will be informed. At this point, there are no concerns with outdoor activities or sports, except for inside Sulfur…

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  • Storage location for batteries in forklifts when complying with Tier II reporting

    As part of Tier II Chemical Inventory Reporting, a facility must provide a brief description of the precise location of the hazardous chemical at the facility ( 40 CFR §370.42(i)(8)(i) ). A facility is reporting forklift batteries on their annual Tier II Inventory Form. How should the facility list the…

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  • Definition of hazardous chemical and OSHA's MSDS requirement for determining applicability of EPCRA 311/312

    The requirements of 40 CFR Part 370, promulgated pursuant to EPCRA Sections 311 and 312, apply to facilities that have certain quantities of hazardous chemicals for which they are required, under the Occupational Safety and Health Act (OSHA), to prepare or have available Material Safety Data Sheets (MSDSs). How should…

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  • Federal or state UST requirements for gasoline and diesel thresholds

    Do facilities have to comply with the federal UST requirements or with state UST requirements to be eligible to use the §§311/312 gasoline and diesel fuel thresholds? Facilities must comply with either federal UST requirements ( 40 CFR Part 280 ) or, if applicable, the requirements of the state UST…

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  • Consumer product exemption and products that require licensing

    Pennsylvania restricts the use of a product that is packaged for distribution and use by the general public by requiring users within the State to obtain a license. This product requires a material safety data sheet under OSHA, and thus may be subject to the reporting requirements of EPCRA Sections…

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  • Are polymers in pellet form exempt from the definition of hazardous chemical?

    If polymers are in pellet form and require material safety data sheets, are they exempt from the definition of hazardous chemical under Section 311(e)(2)? Section 311(e)(2) exemption from the definition of hazardous chemical applies to "any substance present as a solid in any manufactured item to the extent exposure to…

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  • Reporting by mixture or components for a mixture with unknown chemicals

    A facility is storing a product mixture on-site. Under OSHA regulations, the facility is required to retain a material safety data sheet (MSDS) for the mixture. According to the MSDS, the mixture contains a zinc compound, but no specific chemical identity or concentration information is provided. OSHA regulations allow chemical…

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  • To what extent are agricultural chemical retailers exempt?

    EPCRA Sections 311 and 312 require facilities to report inventories of certain hazardous chemicals. Section 311(e)(5) exempts from the definition of hazardous chemical "any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer" (…

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