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  • Are pharmaceutical research pilot plants exempt from 311 and 312?

    A pharmaceutical research lab contains a pilot plant of its overall operation. The products manufactured in the pilot plant are not sold, but are distributed to hospitals and other health care facilities for use in continued clinical testing. Is the pilot plant exempt or must it report its hazardous chemicals…

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  • Should very similar combinations of hazardous chemicals be aggregated?

    How should a person determine whether very similar combinations of hazardous chemicals (e.g., different colors of paint or different blends of gasoline) that have separate MSDSs (Material Safety Data Sheet) should be aggregated for Tier II reporting? The owner or operator of a facility may make the EPCRA §§311 and…

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  • Cardlock Fueling Stations and EPCRA 311 / 312

    Cardlock fueling stations are locations that allow businesses to obtain a card for each driver or vehicle and then provide 24-hour, automated access to the fueling station by using the card. For the Emergency Planning and Community Right-to-Know Act (EPCRA) material safety data sheet (MSDS) and chemical inventory reporting, gasoline…

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  • Tier2 Submit validation error due to incorrect CAS number

    What do I do if I get a validation error in Tier2 Submit due to an incorrect Chemical Abstracts Service (CAS) number? Your CAS number should be typed exactly as it appears on the substance's SDS. Review your safety data sheet (SDS) to see if the CAS number was typed…

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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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