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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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  • 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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  • 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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