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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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  • Plastic Resins and EPCRA Section 311 / 312 Reporting

    Are plastic resins such as polypropylene and polyethylene subject to Material Safety Data Sheet (MSDS) [also known as Safety Data Sheet (SDS)] Reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 311 and Chemical Inventory (i.e., Tier II) Reporting under EPCRA Section 312? The reporting requirements of Sections…

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  • Revised Hazard Categories for EPCRA 311 / 312 Reporting

    On March 26 2012, the Occupational Safety and Health Administration (OSHA) revised its Hazard Communication Standard (HCS) by adopting the United Nations Globally Harmonization System of Classification and Labeling of Chemicals (GHS). Based on the new classification criteria that OSHA adopted, EPA revised the existing hazard categories for hazardous chemical…

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  • Tier II Trade Secret Package Must Include All Chemicals Subject to Reporting

    The regulations at 40 CFR part 350 allows facilities to withhold certain chemical information when reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) if the facility claims those chemicals to be a trade secret. When submitting the required trade secret claim package for EPCRA section 312 (i.e., Tier…

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  • Responsibility for MSDS Accuracy

    When submitting a material safety data sheet (MSDS) in order to meet the reporting requirements of EPCRA section 311, to what extent are “downstream” recipients of an MSDS, such as manufacturers and chemical users, responsible for the accuracy of the information on the MSDS, such as chemical hazard assessments? Producers…

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  • Are marinas and airports included under the definition of "retail gas station?"

    Gas stations in marinas and airports that sell fuel for boats and airplanes are not included within the definition of "retail gas station" for purposes of higher reporting thresholds EPCRA §§311/312. In the February 11, 1999, Federal Register, EPA added the phrase "for motor vehicle use on land" to the…

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  • Crosswalk Aligning EPA's Hazard Categories with OSHA's Hazard Classification

    Pursuant to 40 CFR 370.42(s)(5) , an owner or operator submitting the Emergency Planning and Community Right-to-Know Act (EPCRA) Tier II inventory information must indicate the hazard categories that apply to the chemical or mixture. The five hazard categories are defined in 40 CFR 370.66 . How do the EPA…

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  • Who Can Certify an EPCRA 312 Tier II Report?

    Pursuant to 40 CFR 370.42(a) , the owner or operator, or the officially designated representative of the owner or operator, must certify that all information included in an EPCRA Tier II submission is true, accurate, and complete. Are there any requirements or criteria that an officially designated representative would have…

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  • Does the medical exclusion apply to chemicals at doctors' offices and pharmacies?

    Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) require facility owners or operators to file inventory reports detailing the name, amount, and location of hazardous chemicals present at a facility in excess of the established threshold quantities. Hazardous chemicals are defined by the Occupational Safety…

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  • EPCRA Requirements for a facility located within the planning districts of two LEPCs

    The reporting requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA) sections 303(d), 311, and 312 require covered facilities to provide information on the presence of extremely hazardous substances (EHSs) and hazardous chemicals to the Local or Tribal Emergency Planning Committee (LEPC or TEPC) for the purpose of preparing…

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  • Contact center for questions about Tier2 Submit

    What if I have questions about Tier2 Submit? If you have questions about Tier2 Submit, contact the RMP Reporting Center via email ( [email protected] ) or phone (703-227-7650) on weekdays from 8 AM – 4:30 PM Eastern.

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  • What is considered cryogenic conditions?

    The Tier II Hazardous Chemical Inventory form, used to meet annual EPCRA §312 reporting requirements, requires facility owners or operators to note whether reported hazardous chemicals are present at, above, or below ambient temperature. For temperatures below ambient, the form distinguishes between “less than ambient temperature but not cryogenic” and…

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  • General reporting requirements and thresholds for EPCRA 311

    What are the requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 311 and what facilities are covered? Are there thresholds for reporting? Section 311 requires that the owner or operator of a facility must submit a material safety data sheet (MSDS) for each hazardous chemical which meets…

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  • CO2 in beverages and EPCRA 311 / 312 reporting

    Is CO 2 added to beverages covered under Section 311(e)(1) exemption? Section 311(e)(1) exempts any food, food additive, drug, or cosmetic regulated by the Food and Drug Administration (FDA). EPA considers a substance to be regulated by the FDA as long as the substance is used in a manner which…

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  • Gasoline and diesel fuel UST compliance determination

    Are State or Tribal Emergency Response Commissions (SERCs or TERCs), Local or Tribal Emergency Planning Committees (LEPCs or TEPCs), or fire departments required to determine if facilities are in compliance with underground storage tank (UST) requirements? No. SERCs/TERCs, LEPCs/TEPCs, and fire departments are not required to make the determination themselves…

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