Hazardous Waste and EPCRA sections 311 and 312

Is hazardous waste subject to EPCRA sections 311 and 312 Material Safety Data Sheet (MSDS) and Tier II inventory reporting requirements?

Pursuant to 29 CFR 1910.1200(b)(6)(i), the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard that sets the requirements for MSDSs does not apply to hazardous waste as defined by the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976. EPCRA sections 311 and 312 require reporting only on hazardous chemicals for which an owner or operator of a facility is required to prepare or have available an MSDS. OSHA does not require MSDSs for hazardous waste; therefore, hazardous waste is not subject to EPCRA sections 311 and 312. Since facilities are not required to maintain MSDSs for hazardous waste, they are not required to report for these chemicals if requested by an LEPC.