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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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  • 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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  • For 311 list reports, how are mixtures identified?

    For Section 311 reporting, how are mixtures identified if a list is submitted instead of the MSDSs? An owner or operator can comply with the requirements of Section 311 for a mixture of hazardous chemicals by providing the common or trade name of the mixture listed by hazard category or…

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  • Reporting for an EHS mixture based on a concentration range

    A facility has a mixture which contains extremely hazardous substances (EHSs). The Material Safety Data Sheet (MSDS) for the mixture only indicates a range of concentration for its components. For the purposes, of reporting under EPCRA Sections 302, 304, and 311/312 of EPCRA, should the facility owner/operator report be based…

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  • Does a facility have an option how to report a mixture containing EHS?

    Under Sections 311 and 312, when extremely hazardous substances are contained within a mixture, does a facility still have the option to report the mixture as a whole or by its hazardous components? Yes, the mixture may be reported as a whole or by its hazardous components. To determine whether…

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  • What information is required on lists submitted for Section 311?

    What is required if a list is submitted instead of the actual material safety data sheets (MSDS) under Section 311? Instead of submitting an MSDS for each hazardous chemical, the owner or operator may submit a list of the hazardous chemicals for which the MSDS is required. This list must…

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  • Updates for 311 MSDS reporting

    How would a facility report a hazardous chemical that they acquired above the reporting threshold after the October 17, 1987 deadline, for Section 311? An update must be submitted within three months anytime there is discovery of significant new information, or if an unreported hazardous chemical is present in a…

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  • Applicability determination for one chemical in different physical states

    A facility is required to keep two MSDSs on file for the same hazardous chemical (oxygen); one for the gas phase and one for liquid phase because they present different risks. Would the same chemical present at a facility in different physical states be aggregated for threshold determinations? The applicability…

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  • 311/312 - Thresholds for retail gas station with aboveground and underground tanks

    If a retail gas station stores gasoline or diesel fuel in both aboveground and underground tanks, what EPCRA thresholds do they apply to determine if they have to report gasoline or diesel fuel on their Tier I or II form? If they have to report, do they report all the…

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  • Are pharmaceutical research pilot plants exempt from 311 and 312?

    A pharmaceutical research lab contains a pilot plant of its overall operation. The products manufactured in the pilot plant are not sold, but are distributed to hospitals and other health care facilities for use in continued clinical testing. Is the pilot plant exempt or must it report its hazardous chemicals…

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  • Should very similar combinations of hazardous chemicals be aggregated?

    How should a person determine whether very similar combinations of hazardous chemicals (e.g., different colors of paint or different blends of gasoline) that have separate MSDSs (Material Safety Data Sheet) should be aggregated for Tier II reporting? The owner or operator of a facility may make the EPCRA §§311 and…

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  • Cardlock Fueling Stations and EPCRA 311 / 312

    Cardlock fueling stations are locations that allow businesses to obtain a card for each driver or vehicle and then provide 24-hour, automated access to the fueling station by using the card. For the Emergency Planning and Community Right-to-Know Act (EPCRA) material safety data sheet (MSDS) and chemical inventory reporting, gasoline…

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  • Tier II reporting for agricultural dusts and agricultural products handled in powdered form (i.e. combustible dust)

    EPCRA Section 312 requires facility owners or operators to submit annual chemical inventory reports (Tier I/Tier II Forms) for any OSHA defined hazardous chemical subject to OSHA's Hazard Communication Standard ( 29 CFR section 1910.1200 ) when present at a facility above threshold amounts at any one time during the…

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  • Are government products unavailable to the public exempt?

    Executive Order 12856 required federal facilities to comply with all aspects of EPCRA ( 58 FR 41981; August 6, 1993 ). Prior to this action, EPCRA did not apply to federal facilities. Consequently, interpretive language previously issued as guidance for non-federal facilities often does not address issues specific to federal…

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  • Is household heating fuel exempt from the Sections 311 and 312 requirements?

    Section 311(e)(3) exempts, "any substance to the extent it is used for personal, family or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public." This household product exemption does not apply to the use of household…

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