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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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  • Threshold planning quantity for extremely hazardous substances in solid form

    Extremely hazardous substances (EHSs) that are in solid form are subject to one of two different threshold planning quantities (TPQs), a lower level or 10,000 pounds ( 40 CFR 355.15 ). Why does the list of EHSs only have one TPQ for certain solids, such as sodium cyanide? If a…

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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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  • 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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