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  • EPCRA Reporting Mechanisms for Protecting Sensitive Business Information

    Does EPCRA provide any mechanisms for facilities that must submit Tier II inventory information to protect sensitive business information? Trade secret and confidential location information (CLI) are two separate confidentiality provisions under EPCRA. Trade secret claims made under EPCRA Sections 303, 311, 312, or 313 allow facilities to claim the…

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  • Bricks May Be Eligible for Solid and Manufactured Item Exemption for EPCRA 311 / 312 Reporting

    For safety data sheet (SDS) and Tier II inventory reporting under EPCRA Sections 311 and 312, there is an exemption for solid and manufactured items that do not have the potential for exposure under normal conditions of their use. Are bricks eligible for the solid and manufactured item exemption under…

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  • State Single Point Submission Process for Tier II Reports

    Pursuant to 40 CFR 370.44, the owner or operator of a facility must submit the required Tier II inventory information to their State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and fire department with jurisdiction over their facility. If a state has implemented a single point of submission…

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  • EPCRA 312 Back Reporting for Previous Years

    Facilities subject to EPCRA section 312 (40 CFR part 370) must submit an inventory form annually to the state emergency response commission (SERC), local emergency planning committee (LEPC), and local fire department. Do facilities have to report for previous years if they were subject to hazardous chemical inventory reporting but…

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  • EPCRA 311 / 312 Applicability to Brine / Salt Solutions

    Are facilities required to prepare or have available a material safety data sheet/safety data sheet (MSDS/SDS) for brine/salt solutions under the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) ( 29 CFR 1910.1200 )? Yes, facilities are required to prepare or have available an MSDS/SDS for brine/salt solutions…

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  • Electronic Submission of Tier II Inventory Information

    Pursuant to the Emergency Planning and Community Act (EPCRA) Section 312, facilities must submit by March 1st every year Tier II inventory information regarding any hazardous chemical present at their facility at any time during the previous calendar year in an amount equal to or in excess of its threshold…

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  • Does Ammonia in Ammonium Hydroxide count toward the EHS threshold for reporting under EPCRA section 312?

    A facility has 9,000 pounds of ammonium hydroxide (19 percent solution) present on site at a given time. For reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) section 312, must the amount of ammonia in ammonium hydroxide be counted (and aggregated) towards the reporting threshold for extremely hazardous…

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  • Are manufacturers of household products exempt from reporting under 311 and 312?

    Is a facility that manufactures household products exempt from reporting under Sections 311 and 312 due to the household products exemption in Title III? Section 311(e) exempts from the definition of "hazardous chemical" any substance to the extent it is used for personal, family, or household purposes, or is present…

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  • Are hazardous chemicals in transportation subject to EPCRA 311/312?

    Are hazardous chemicals in transportation subject to material safety data sheet (MSDS) reporting under Section 311 and Tier II hazardous chemical inventory reporting under Section 312 of EPCRA ( 40 CFR 370 )? Section 327 of EPCRA exempts from any reporting requirement, other than the Section 304 notification requirements, substances…

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  • Can the Tier II form serve as a list of hazardous chemicals?

    Is the submission of a Tier II form an acceptable method of reporting a list of hazardous chemicals grouped by hazard category under Section 311 of the Emergency Planning and Community Right-to-Know Act (EPCRA)? Section 311 of EPCRA requires facilities to submit copies of Material Safety Data Sheets (MSDSs) or…

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  • Do facilities that submit lists have to file revised MSDSs?

    If a facility submits a list to comply with Section 311, does the facility have to supply a revised MSDS with significant new information or a new MSDS for substances that become present on-site after the initial reporting deadline and exceed the threshold within three months as required by Section…

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  • Does sheet metal lose the manufactured item exemption when cut, welded, or brazed?

    A facility stores and processes sheet metal that contains a hazardous chemical requiring a material safety data sheet (MSDS) under OSHA's Hazard Communication Standard ( 29 CFR section 1910.1200 ). The sheet metal, when in storage, is considered a manufactured solid and is therefore excluded from the definition of hazardous…

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  • EPCRA Section 312 applicability

    Who is required to submit a Section 312 Tier I Form? The requirements of Section 312 ( 40 CFR Part 370 ) apply to the owner or operator of any facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the…

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  • Exemption for research laboratories and medical facilities under 311 and 312

    Are research laboratories and medical facilities exempt from reporting under Sections 311 and 312? Research laboratories and medical facilities are not exempt from reporting requirements under Sections 311 and 312, rather, Section 311(c)(4) of Title III excludes from the definition of hazardous chemical: "Any substance to the extent it is…

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  • Filing trade secrecy claims internationally

    A chemical company has one operation in a foreign country and an identical operation in the U.S. For one chemical, they wish to file a trade secrecy claim under Sections 311 and 312. With regard to public disclosure, all non-government entities in the foreign country are bound by a confidentiality…

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