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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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  • Consumer product exemption and batteries

    Sections 311 and 312 apply to owners or operators of any facility that is required to prepare or have available a material safety data sheet (MSDS) for an OSHA defined hazardous chemical present at the facility at any one time in amounts equal to or greater than established thresholds. Facility…

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  • Can a lease agreement exempt a facility owner from Tier II reporting?

    An owner leases a facility to another person. The lease agreement states that "in its use and occupancy of the facility and in its use of the leased equipment, the lessee shall abide by and comply with all governmental laws, regulations and requirements." Does this contractual language exempt the owner…

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  • Are there any exemptions under Sections 311 and 312?

    There are five exemptions under Sections 311 and 312. These exemptions are provided in Section 311(e) in the following order: Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration; Any substance present as a solid in any manufactured item to the extent exposure…

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  • Is FDA regulated flour bleaching exempt?

    A facility owner/operator uses chlorine to bleach flour at his/her facility. Would this facility owner/operator be exempt from reporting the chlorine used to bleach flour under EPCRA Section 311/312? EPCRA Section 311 (e)(1) exempts any food, food additive, drug, or cosmetic regulated by the Food and Drug Administration (FDA). EPA…

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  • Forklift batteries

    EPCRA section 311(e)(3) exempts from the definition of hazardous chemical any substance to the extent 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 ( 40 CFR 370.13(c)(1) ). Does…

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  • Is an animal refuge exempt from 311 and 312?

    An animal refuge sprays herbicides and pesticides on its grounds to better the quality of the area for the animal inhabitants. Is the spraying of these pesticides exempt from the requirements of Sections 311 and 312 of Title III under the exception to the definition of "hazardous chemical" for any…

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  • MSDS requirements for mixtures made on-site and not distributed into commerce

    A facility owner/operator brings on-site two components that he blends into a mixture for on-site use. Since the mixture is not distributed to commerce, the facility owner/operator claims that Occupational Safety and Health Administration (OSHA) does not require him to develop a new Material Safety Data Sheet (MSDS) for the…

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  • LEPC request for MSDS for substance not defined as a hazardous chemical

    Under Section 311 of the Emergency Planning and Community Right-to-Know Act (EPCRA), ( 40 CFR 370.10(b) ), a local or tribal emergency planning committee (LEPC or TEPC) can request a material safety data sheet (MSDS) from a facility for a hazardous chemical which is present at the facility below 10,000…

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  • Must an R&D facility submit a MSDS for an exempt chemical upon public request?

    Upon request by the public, must a Research and Development facility submit a MSDS for a chemical if the chemical is exempt from reporting under Section 311 but not exempt from the OSHA requirement of having available a MSDS? No. Under Section 311, a Research and Development facility would not…

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  • How does a facility report batteries for Tier II?

    A facility has few lead-acid batteries (non-consumer type) on site. How does the facility report these batteries on the Tier II form? The facility must first determine if there are any hazardous chemicals or extremely hazardous substances (EHSs) in the batteries. Most batteries contain sulfuric acid, an EHS, and then…

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  • How is confidential business information on the Tier II protected?

    When submitting a Tier II form under EPCRA Section 312, a covered facility can claim the required location information confidential. How is this confidential information protected? Are there any penalties under EPCRA if a State or local official, who receives this information, fails to protect its confidentiality? While the location…

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  • Is a Dun & Bradstreet number required for EPCRA Tier II?

    Pursuant to EPCRA Section 312, facilities must submit Tier II inventory information by March 1st every year. Is the Dun & Bradstreet number a required data element for Tier II inventory reporting? The Dun & Bradstreet number (also referred to as a D&B number or D-U-N-S number) is a required…

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