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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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  • 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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  • 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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  • Filing state trade secret provisions

    A chemical company in Louisiana filed their Section 311/312 reports by hazardous components. The Louisiana State Right-to-Know laws require companies to report on all unique substances present at the facility. For example, if chemical A and chemical B are blended to make mixture C, than the facility would have to…

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  • Gasoline and diesel fuel UST compliance determination

    Are State or Tribal Emergency Response Commissions (SERCs or TERCs), Local or Tribal Emergency Planning Committees (LEPCs or TEPCs), or fire departments required to determine if facilities are in compliance with underground storage tank (UST) requirements? No. SERCs/TERCs, LEPCs/TEPCs, and fire departments are not required to make the determination themselves…

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  • General reporting requirements and thresholds for EPCRA 311

    What are the requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 311 and what facilities are covered? Are there thresholds for reporting? Section 311 requires that the owner or operator of a facility must submit a material safety data sheet (MSDS) for each hazardous chemical which meets…

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  • Generic 311/312 reporting for oil fields or wells

    A petroleum company owns many oil wells on a large oil field. Each well is on its own plot of land. These plots of land are not adjacent or contiguous and the oil field itself spans many local planning districts. For purposes of Sections 311/312 reporting, is each oil well…

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  • Oxygen used at a hospital by technically qualified individuals

    A hospital stores oxygen in a large outside bulk storage tank and delivers the material, as needed, throughout the hospital using a piping system (the oxygen is used only in the treatment of patients). The bulk storage tank is routinely maintained by hospital maintenance people but the oxygen itself is…

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  • Public access for MSDSs

    Where should citizens go to request MSDSs on chemicals in a facility within their community? Each submitted MSDS or list along with the community emergency response plan, and inventory form are to be made available to the public at a designated location during normal working hours. Each local emergency planning…

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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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  • Civil action attorney and court fees, awarding of fines

    A waste treatment facility has a release of chlorine above the reportable quantity. The facility owner or operator did not make initial notification of the release as required under EPCRA Section 304. In addition, the facility owner or operator also refused to submit a written follow-up regarding the release of…

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  • Can members of SERCs and LEPCs be sued?

    What are the liabilities of members of a state emergency response commission and a local emergency planning committee, if an incident is not handled properly despite following procedures developed and reviewed by those commission and committee members? Can the individual members be sued and held liable? The general rule is…

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  • Public access of Title III documents

    Section 324 of EPCRA addressing the public availability of documents, states that the emergency response plan, material safety data sheet or list submission, Tier I/II, Form R and Section 304 written follow-up notice are to be made available to the public by "the State Emergency Response Commission (SERC), or Local…

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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 ( RMPRC@epacdx.net ) or phone (703-227-7650) on weekdays from 8 AM – 4:30 PM Eastern.

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