[Federal Register Volume 90, Number 219 (Monday, November 17, 2025)]
[Rules and Regulations]
[Pages 51187-51205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19921]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 370
[EPA-HQ-OLEM-2025-0299; FRL-12698-04-OLEM]
RIN 2050-AH40
Technical Amendments to the EPCRA Hazardous Chemical Inventory
Reporting Requirements To Conform to the 2024 OSHA Hazard Communication
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency is taking direct final
action to conform the Emergency Planning and Community Right-to-Know
Act hazardous chemical inventory reporting regulations to the
Occupational Safety and Health Administration's Hazard Communication
Standard amendments of 2012 and 2024. The Emergency Planning and
Community Right-to-Know Act and its regulations rely on the
Occupational Safety and Health Administration's Hazard Communication
Standard for the definition of a hazardous chemical and for the
categories of health and physical hazards that must be reported under
the hazardous chemical inventory regulations. This action will conform
the terminology used and information that must be reported on the
hazardous chemical inventory forms to the Hazard Communication Standard
amendments. As a result, this action will also improve first responder
and community safety, reduce discrepancies and confusion, prevent
interpretation burdens on facilities when using (Material) Safety Data
Sheets to complete annual hazardous chemical inventory reports, and
improve clarity.
DATES: This final rule is effective on January 16, 2026 without further
notice, unless the EPA receives adverse comment by December 17, 2025.
If EPA receives adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that the rule, or the
relevant provisions of this rule, will not take effect. Compliance with
these updates is required for the 2026 annual hazardous chemical
inventory reporting year. Reports for calendar year 2026 are due on or
before March 1, 2027.
Effective date: January 16, 2026.
Compliance date: December 1, 2026.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OLEM-2025-0299. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information (CBI), Proprietary Business Information (PBI), or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jennifer Barre, Regulation
Implementation Division of the Office of Emergency Management (5104A),
Environmental Protection Agency, 1200 Pennsylvania Ave NW, Washington,
DC 20460; telephone number: (240) 644-4559; email address:
[email protected]; websites: https://www.epa.gov/epcra/emergency-planning-and-community-right-know-act-non-section-313-regulations-and-amendments.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Why is EPA using a direct final rule?
II. General Information
A. Summary of This Action
B. Who does this regulation apply to?
C. What does this regulation require from facilities?
D. Why is the Agency taking this action?
E. What is the Agency's authority for taking this action?
F. What are the incremental costs and benefits of this action?
III. Revisions to 40 CFR Part 370
A. History of EPCRA Hazard Categories
B. Revisions to EPCRA Hazard Categories
C. Revisions to EPCRA Definitions
D. Other Revisions to 40 CFR Part 370
E. Summary of Revisions to 40 CFR Part 370
IV. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
J. National Technology Transfer and Advancement Act (NTTAA)
[[Page 51188]]
K. Congressional Review Act (CRA)
I. Why is EPA using a direct final rule?
The Environmental Protection Agency (``EPA'' or ``Agency'') is
publishing this rule without a prior proposed rule because the Agency
views this as a noncontroversial action and anticipates no adverse
comment because the Emergency Planning and Community Right-to-Know Act
(EPCRA) statute [42 U.S.C. Chapter 116] \1\ relies on the Occupational
Safety and Health (OSH) Act of 1970 [29 U.S.C. Chapter 15] \2\ and the
Occupational Safety and Health Administration's (OSHA's) implementing
regulations [29 CFR 1910.1200] \3\ for the definitions of hazardous
chemical, physical hazard, and health hazard and the hazardous chemical
reporting hazard categories. More specifically, section 311(e) of the
EPCRA statute and its attendant regulation at 40 CFR 370.66 \4\ define
hazardous chemical as any hazardous chemical defined under 29 CFR
1910.1200(c). The EPCRA statute further requires that hazardous
chemical inventory reporting be grouped into categories of health and
physical hazards as set forth under the OSH Act and its implementing
regulations [42 U.S.C. 11021(a)(2)(A)(1) and section 11022(a)(1)]. This
action adopts the OSHA definitions and hazard categories as is required
by the EPCRA statute and its regulations. EPA anticipates that this
action will improve first responder and community safety; prevent
interpretation burdens for facilities, states, local agencies, and fire
departments; and improve clarity without increasing the regulatory
burden under EPCRA. However, in the ``Proposed Rules'' section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposed rule to solicit comments on the
amendments incorporated in this direct final rule if adverse comments
are received on this direct final rule. EPA will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information about commenting on
this rule, see the ADDRESSES section of this document.
If EPA receives adverse comment, the Agency will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. EPA would address all public
comments in any subsequent final rule based on the proposed rule. If
the Agency receives adverse comment on a distinct provision of this
rulemaking, we will publish a timely withdraw in the Federal Register
indicating which provisions we are withdrawing. The provisions which
are not withdrawn will become effective on the date set out above,
notwithstanding adverse comment on any other provision.
II. General Information
A. Summary of This Action
EPA is amending its hazardous chemical inventory reporting
regulations at 40 CFR part 370 to conform to OSHA's Hazard
Communication Standard (HCS) updates of 2012 and 2024 and to make minor
corrections for plain language, clarity, and consistency.
In 2012, the OSHA HCS, codified at 29 CFR 1910.1200, was amended to
adopt the United Nations Globally Harmonized System of Classification
and Labelling of Chemicals (GHS) [77 FR 17574; March 26, 2012 \5\].
Among these 2012 OSHA HCS amendments, OSHA replaced the term Material
Safety Data Sheet (MSDS) with the term Safety Data Sheet (SDS) and also
stated that these two terms mean the same thing. In alignment, EPA
amended its hazardous chemical reporting regulations at 40 CFR part 370
to conform to these changes [81 FR 38104; June 13, 2016 \6\ and 81 FR
47311; July 21, 2016 \7\]. The EPA 2016 amendments included adding the
term SDS to the regulation so that both terms are used together
throughout 40 CFR part 370. In this action, EPA is removing use of the
term MSDS to conform to the OSHA HCS and to improve readability of the
regulation in the following sections: Sec. Sec. 370.3, 370.10, 370.12,
370.13, 370.14, 370.20, centered heading, 370.30, 370.31, 370.32,
370.33, 370.60, 370.62, 370.63, and 370.64.
In 2024, the OSHA HCS, codified at 29 CFR 1910.1200, was further
amended to conform to revisions of the United Nations Globally
Harmonized System of Classification and Labelling of Chemicals [89 FR
44144; May 20, 2024 \8\ and 89 FR 81829; October 9, 2024 \9\]. This
update improves awareness of chemical hazards by instituting changes as
to how chemical hazards are reported on SDSs. Hazards reported on SDSs
are used for reporting hazardous chemical inventories under EPCRA
sections 311 and 312 [42 U.S.C. 11021 and 11022 \10\]. In this action,
EPA is amending the EPCRA hazard categories to conform with the 2024
OSHA HCS and making the conforming amendments to the following
sections: Sec. Sec. 370.3, 370.30, 370.41, and 370.42.
The Agency is also making minor plain language, clarifying, and
consistency corrections in the following sections: Sec. Sec. 370.1,
370.2, 370.3, 370.10, 370.14, 370.30, 370.32, 370.33, 370.40, 370.41,
370.42, 370.43, 370.44, 370.45, 370.60, 370.61, 370.62, 370.64, 370.65,
and 370.66. These corrections include capitalizing each letter of the
term Extremely Hazardous Substance at Sec. 370.66. Additionally, the
Agency is moving the definitions for this part from Sec. 370.66 to
Sec. 370.3, amending the title of Sec. 370.3 to be Definitions,
amending the title of Sec. 370.66 to be [Reserved], and adding a note
to Sec. 370.66 that the definitions are now in Sec. 370.3. These
adjustments add clarity to the regulation by providing definitions of
key words prior to the requirements. Further, EPA is removing the
historic compliance dates from Sec. 370.33 and Sec. 370.45, as well
as removing the historic clarifications for electronic reporting from
Sec. 370.41 and Sec. 370.42. These removals improve the readability
of the regulation by removing irrelevant information.
B. Who does this regulation apply to?
Sections 311 and 312 of the EPCRA statute, and its implementing
regulations at 40 CFR part 370, apply to the owners and operators of
facilities that are required to prepare or have an SDS for any
hazardous chemical defined under the OSHA HCS and its implementing
regulations. EPCRA section 311(e) defines the term hazardous chemical
to have the same meaning as in 29 CFR 1910.1200(c), except for certain
substances exempted in EPCRA section 311(e) [42 U.S.C. 11021(e)]. If
you have questions regarding the applicability of this action to a
particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.
C. What does this regulation require from facilities?
The regulations found at 40 CFR part 370 codify the statutory
requirements of EPCRA sections 311 and 312. These EPCRA hazardous
chemical inventory reporting requirements were first promulgated in
1987 [53 FR 38344; October 15, 1987].\11\ Section 311 requires that
facilities submit SDSs of hazardous chemicals or a list of hazardous
chemicals grouped into categories of health and physical hazards as
defined in OSHA's HCS to the State Emergency Response Commission
(SERC), Local Emergency Planning Committee (LEPC), and local fire
department with jurisdiction over the facility. This is a one-time
submittal with resubmission requirements if there is significant new
information for existing hazardous chemicals, new hazardous chemicals
present at the facility, or upon request by the LEPC as
[[Page 51189]]
required at 40 CFR 307.31. Section 312 requires that facilities submit
an emergency and hazardous chemical inventory form to the SERC, LEPC,
and local fire department, by March 1st annually. The inventory form
provides the health and physical hazards of each hazardous chemical as
well as the locations and quantities present at the facility during the
previous calendar year. There are two reporting tiers, Tier I and Tier
II.
SERCs provide direction for facilities in their states for whether
a Tier I or a Tier II form is required to be submitted. Currently, all
states require use of the Tier II inventory form, which provides
specific information on each hazardous chemical for developing and
maintaining local emergency response plans. The Tier I inventory form
provides only general information on hazardous chemicals and is
currently not accepted by any state for reporting under the EPCRA
section 312.
Note that the term SERC includes Tribal Emergency Response
Commissions (TERCs) and the term LEPC includes any Tribal Emergency
Planning Committees (TEPCs). Facilities on Tribal lands need to verify
with their Tribe which SERC or TERC, LEPC or TEPC, and fire department
to submit the EPCRA 311 and 312 hazardous chemical inventory reports
to. [55 FR 3062; July 26, 1990] \12\
D. Why is the Agency taking this action?
EPA is taking this action to meet its responsibilities as the
Administrator of the EPCRA statute [42 U.S.C. 11049(1)] by ensuring
that the hazardous chemical inventory reporting requirements are in
conformance with the OSHA HCS SDS requirements, publishing a uniform
format for inventory forms using OSHA SDS hazard categories, and
ensuring that the regulations are clearly written. EPA anticipates that
coordination with the OSHA HCS and GHS will provide greater clarity to
the regulated community and facilitate emergency planning.
E. What is the Agency's authority for taking this action?
42 U.S.C. 11021(a)(2)(A)(i) states that the EPCRA section
311 list of hazardous chemicals report shall be grouped into categories
of health and physical hazards as set forth under the OSH Act and the
OSHA HCS, or in other categories as EPA may prescribe under
subparagraph (B).
42 U.S.C. 11021(a)(2)(B) states that, for the EPCRA
section 311 list of hazardous chemicals report, EPA may modify the
categories of health and physical hazards as set forth under the OSH
Act and the OSHA HCS by requiring information to be reported in terms
of groups of hazardous chemicals which present similar hazards in an
emergency.
42 U.S.C. 11022(d)(1)(C) states that, for the EPCRA
section 312 annual hazardous chemical inventory forms, EPA may modify
the OSH Act and OSHA HCS categories of health and physical hazards by
requiring information to be reported in terms of groups of hazardous
chemicals which present similar hazards in an emergency.
42 U.S.C. 11022(g) states that for the EPCRA section 312
annual hazardous chemical inventory forms, EPA shall publish a uniform
format for inventory forms.
42 U.S.C. 11049(1) states that the term Administrator used
throughout the statute means the Administrator of the Environmental
Protection Agency.
F. What are the incremental costs and benefits of this action?
This action does not create any additional requirements on affected
facilities. EPA also anticipates that this action will improve first
responder and community safety; prevent interpretation burdens for
facilities, states, local agencies, and fire departments; and improve
clarity without increasing the regulatory burden.
III. Revisions to 40 CFR Part 370
A. History of EPCRA Hazard Categories
The EPCRA statute specifies that the hazardous chemical inventory
reporting under sections 311 and 312 should be based on the health and
physical hazard categories established under the OSH Act and the OSHA
HCS regulations and that EPA may modify those hazards. Accordingly, in
1987, EPA modified OSHA's 23 health and physical hazards into five
hazard categories (two health and three physical hazard categories) for
facilities to use for reporting and codified the requirements at 40 CFR
part 370. Facilities used the following five categories for EPCRA
hazardous chemical inventory reporting from 1987 to 2016: (1) Immediate
(acute) health hazard, including highly toxic, toxic, irritant,
sensitizer, corrosive, and other hazardous chemicals that cause an
adverse effect to a target organ and which effect usually occurs
rapidly as a result of short-term exposure and is of short duration;
(2) Delayed (chronic) health hazard, including carcinogens and other
hazardous chemicals that cause an adverse effect to a target organ and
which effect generally occurs as a result of long-term exposure and is
of long duration; (3) Fire hazard, including flammable, combustible
liquid, pyrophoric, and oxidizer; (4) Sudden release of pressure,
including explosive and compressed gas; and (5) Reactive, including
unstable reactive, organic peroxide, and water reactive. [53 FR 38344;
October 15, 1987]
In 2016, EPA conformed the EPCRA regulations at 40 CFR part 370
with the 2012 OSHA HCS. The 2012 OSHA HCS adopted the GHS to establish
consistent and standardized hazard communications and required the
development of SDSs with a standardized 16-section format. The EPA's
conforming action included replacing the five EPCRA hazard categories
established in 1987 with the 2012 OSHA HCS hazard classes, as listed
within the definitions of health hazard and physical hazard, as well as
the four hazards that the GHS did not address (simple asphyxiant,
combustible dust, pyrophoric gas, and hazard not otherwise classified)
but are included in the 2012 OSHA HCS definition of a hazardous
chemical. In the 2016 preamble, EPA discussed that the 2012 OSHA HCS
divides the OSHA hazard classes into categories, stating that the
detailed criteria would be valuable for emergency planners and first
responders, but did not incorporate the hazard categories into the
EPCRA hazardous chemical inventory reports. [81 FR 47311; July 21,
2016] The following table lists the EPCRA hazard categories, as was
published in 40 CFR 370.66 from 2016 until the compliance date
(December 1, 2026) of this action:
EPCRA Hazard Categories Based on OSHA Definitions
(2016 until December 1, 2026)
------------------------------------------------------------------------
Health hazards Physical hazards
------------------------------------------------------------------------
Acute toxicity (any route of Combustible dust
exposure) Corrosive to metal
Aspiration hazard................ Explosive
Carcinogenicity.................. Flammable (gases,
Germ cell mutagenicity........... aerosols, liquids, or
solids)
Reproductive toxicity Gas under pressure
Respiratory or skin sensitization In contact with
Serious eye damage or eye water emits flammable gas
irritation. Organic peroxide
[[Page 51190]]
Simple asphyxiant Oxidizer (liquid,
Skin corrosion or irritation..... solid, or gas)
Specific organ toxicity (single Pyrophoric (liquid
or repeat exposure). or solid)
Hazard not otherwise classified Pyrophoric Gas
(HNOC). Self-heating
Self-reactive
Hazard not
otherwise classified (HNOC)
------------------------------------------------------------------------
B. Revisions to EPCRA hazard categories
In 2024, OSHA amended the HCS to conform with the GHS (primarily to
GHS Revision 7, published in 2017). The 2024 OSHA HCS modifications
that affect EPCRA include revised criteria for the classification of
certain physical hazards to better capture and communicate the hazards
to downstream users and amended contents for Section 2. Hazard
Identification of SDSs. [89 FR 44144; May 20, 2024]
The following is a list of the revised criteria affecting EPCRA:
(1) replacement of the hazard class Flammable Aerosols with Aerosols
and Chemicals Under Pressure; (2) addition of the hazard class
Desensitized Explosives; (3) inclusion of pyrophoric and chemically
unstable gases \13\ within the definition of Flammable Gases; and (4)
removal of pyrophoric gases from the definition of hazardous chemical.
These modifications also affect the definitions of health hazards and
physical hazards at 40 CFR 370.66, which are being moved to 40 CFR
370.3 in this action. The following discusses these changes to the OSHA
hazard classes and the conforming amendments to the EPCRA regulation at
40 CFR part 370.
The 2024 OSHA HCS replaces the Flammable Aerosols hazard class with
two hazard classes Aerosols and Chemicals Under Pressure. These two
hazard classes are both divided into three hazard categories (two for
flammables and one for non-flammable). [89 FR 44321-44324; May 20,
2024] This HCS modification groups substances with different hazards
for first responders into the same hazard class. For example, non-
refillable fire extinguishers would be classified as Aerosol--Category
3, where highly flammable paints would be Aerosols--Category 1.
To align with this modification while ensuring the protection of
first responders and communities, the EPCRA regulation will directly
incorporate the OSHA hazard categories as opposed to the current method
of being based on the summaries of hazard classes as provided in the
OSHA definitions at 29 CFR 1910.1200(c) for hazardous chemical, health
hazard, and physical hazard. The current method groups together
similarly named hazard classes rather than the OSHA hazard categories.
The current EPCRA hazard categories that are groupings of multiple OSHA
hazard classes are acute toxicity (any route of exposure), flammable
(gases, aerosols, liquids, or solids), gas under pressure (compressed
gas), oxidizer (liquid, solid or gas), and pyrophoric (liquid or
solid). There are currently 24 EPCRA hazard categories; this action
simply incorporates the 112 OSHA hazard categories as the EPCRA hazard
categories. These more detailed hazard categories provide more accurate
hazard information. This increased specificity for the risk criteria
will be valuable to emergency planners and responders, while allowing
facilities to simply copy the hazard categories from the SDSs to the
EPCRA inventory reports. Modifying the EPCRA regulations to use the
OSHA hazard categories is in direct alignment with the statutory
sections 42 U.S.C. 11021(a)(2)(A)(i) and section 11022(d)(C)(i), which
state that the EPCRA hazardous chemical inventory reporting should be
based on the categories of health and physical hazards as set forth
under the OSH Act and its regulations.
The following table compares the current EPCRA hazard categories to
the 2024 OSHA HCS hazard classes and their hazard categories:
Comparison of Current EPCRA Hazard Categories to the 2024 OSHA Hazard
Communication Standard's Hazard Classes and Categories From 29 CFR
1910.1200, Including Appendices A & B
[Alphabetical order of health and physical classes]
------------------------------------------------------------------------
OSHA hazard
EPCRA hazard categories OSHA hazard class categories (2024
(adopted in 2016) (2024 HCS) HCS)
------------------------------------------------------------------------
Health Hazards
------------------------------------------------------------------------
Acute Toxicity (any route of Acute Toxicity, Oral--Category 1
exposure). Oral. Oral--Category 2
Acute Toxicity, Oral--Category 3
Dermal. Oral--Category 4
Acute Toxicity, Dermal--Category 1
Inhalation. Dermal--Category 2
Dermal--Category 3
Dermal--Category 4
Inhalation--Categor
y 1
Inhalation--Categor
y 2
Inhalation--Categor
y 3
Inhalation--Categor
y 4
Aspiration Hazard.............. Aspiration Hazard. Category 1
Carcinogenicity................ Carcinogenicity... Category 1
Sub-Category 1A
Sub-Category 1B
Category 2
Germ Cell Mutagenicity......... Germ Cell Category 1
Mutagenicity. Sub-Category 1A
Sub-Category 1B
Category 2
[[Page 51191]]
Reproductive Toxicity.......... Reproductive Category 1
Toxicity. Sub-Category 1A
Sub-Category 1B
Category 2
Effects on or via
lactation
Respiratory or Skin Respiratory Respiratory
sensitization. Sensitization or sensitizer--Catego
Skin ry 1
Sensitization. Respiratory
sensitizer--Sub-
Category 1A
Respiratory
sensitizer--Sub-
Category 1B
Skin sensitizer--
Category 1
Skin sensitizer--
Sub-Category 1A
Skin sensitizer--
Sub-Category 1B
Serious Eye Damage or Eye Serious Eye Damage/ Serious eye damage--
Irritation. Eye Irritation. Category 1
Eye irritation--
Category 2
Eye irritation--Sub-
Category 2A
Eye irritation--Sub-
Category 2B
Simple Asphyxiant.............. Simple Asphyxiants Single Category
Skin Corrosion or Irritation... Skin Corrosion.... Skin corrosion--
Skin Irritation... Category 1
Skin corrosion--Sub-
Category 1A
Skin corrosion--Sub-
Category 1B
Skin corrosion--Sub-
Category 1C
Skin irritation--
Category 2
Specific Target Organ Toxicity Specific Target Category 1
(Single or Repeated Exposure). Organ Toxicity Category 2
Single Exposure. Category 3
Specific Target Category 1
Organ Toxicity Category 2
Repeated or
Prolonged
Exposure.
Hazard Not Otherwise Classified Hazard Not Single Category
Otherwise
Classified.
------------------------------------------------------------------------
Physical Hazard Classes
------------------------------------------------------------------------
* Aerosols were under Flammable Aerosols and Aerosols--Category
** Chemicals Under Pressure is Chemicals Under 1
a new term to the 2024 OSHA Pressure. Aerosols--Category
HCS, these chemicals 2
previously met the criteria Aerosols--Category
for Flammable Gases.. 3
Chemicals under
pressure--Category
1
Chemicals under
pressure--Category
2
Chemicals under
pressure--Category
3
Combustible Dust............... Combustible Dusts. Single Category
Corrosive to Metal............. Corrosive to Metal Category 1
* Desensitized Explosives is Desensitized Category 1
new to the 2024 OSHA HCS. Explosives. Category 2
Category 3
Category 4
Explosive...................... Explosives........ Unstable
Division 1.1
Division 1.2
Division 1.3
Division 1.4
Division 1.5
Division 1.6
Flammable (gases, aerosols, Flammable Gases... Flammable Gas--
liquids, or solids). Category 1A
Flammable Gas--
Category 1B
Flammable Gas--
Category 2
Chemically Unstable
Gas--Category A
Chemically Unstable
Gas--Category B
Pyrophoric Gas
* Aerosols are a separate Flammable Liquids. Category 1
hazard class in the 2024 OSHA Category 2
HCS. Category 3
Category 4
Flammable Solids.. Category 1
Category 2
Gas under pressure (compressed Gases Under Compressed Gas
gas). Pressure. Dissolved Gas
Liquefied gases
Refrigerated
liquefied gas
[[Page 51192]]
In contact with water emits Chemicals Which, Category 1
flammable gas. in Contact With Category 2
Water, Emit Category 3
Flammable Gases.
Organic peroxide............... Organic Peroxides. Type A
Type B
Type C
Type D
Type E
Type F
Type G
Oxidizer (liquid, solid or gas) Oxidizing Gases... Category 1
Oxidizing Liquids. Category 1
Category 2
Category 3
Oxidizing Solids.. Category 1
Category 2
Category 3
Pyrophoric (liquid or solid)... Pyrophoric Liquids Category 1
Pyrophoric Solids. Category 1
Pyrophoric Gas................. * Pyrophoric Gas N/A
is classified as
a Flammable Gas
in the 2024 OSHA
HCS.
Self-heating................... Self-Heating Category 1
Chemicals. Category 2
Self-reactive.................. Self-Reactive Type A
Chemicals. Type B
Type C
Type D
Type E
Type F
Type G
Hazard Not Otherwise Classified Hazard Not Single Category
Otherwise
Classified.
------------------------------------------------------------------------
Summary of changes to hazard categories--
In direct alignment with the EPCRA statute, which requires that the
EPCRA hazardous chemical reporting be for OSHA hazardous chemicals and
be grouped into categories of health and physical hazards [42 U.S.C.
11021(a)(2)(A)(i) and section 11022(d)(C)(i)], EPA is amending the
EPCRA hazard categories to include the full list of OSHA hazard classes
with their categories for the health and physical hazards. Previously,
EPA used the abbreviated list of OSHA hazard classes as was defined
under the terms hazardous chemical, health hazard, and physical hazard
within 29 CFR 1910.1200(c).
EPA will continue to include the hazard classes that are listed in
the OSHA HCS definition of hazardous chemical as health and/or physical
hazard classes: simple asphyxiants will remain a health hazard,
combustible dust will remain a physical hazard, and hazard not
otherwise classified will remain both a physical hazard and a health
hazard [81 FR 38107; June 13,2016]. Because these classes do not have
hazard categories in the appendices of 29 CFR 1910.1200, the hazard
class will also be the hazard category for EPCRA reporting purposes.
This is also in agreement with the OSHA guidance document Hazard
Classification Guidance [OSHA 3844-02 2016].\14\
These changes will ensure that first responders and communities are
aware of the hazards present at facilities, while maintaining the
reporting burden reduction achieved in the 2016 amendments by ensuring
that facilities only need to copy the chemical hazard information from
the SDSs to the EPCRA inventory forms [81 FR 38107; June 13, 2016]. The
following tables compare the current EPCRA hazard categories (adopted
in 2016) to the hazard categories which are being adopted in this
action:
[[Page 51193]]
EPCRA Health Hazard Categories
----------------------------------------------------------------------------------------------------------------
Notes about changes
Adopted in 2016 Adopting in this action to conform with the 2024 OSHA to EPCRA hazard
HCS (OSHA hazard class--OHSA hazard category) categories
----------------------------------------------------------------------------------------------------------------
Acute Toxicity (any route of Acute Toxicity, Oral--Category 1 Including
exposure). Acute Toxicity, Oral--Category 2 the OSHA classes
Acute Toxicity, Oral--Category 3 and categories for
Acute Toxicity, Oral--Category 4 these health
Acute Toxicity, Dermal--Category 1 hazards from
Acute Toxicity, Dermal--Category 2 Appendix A.1 to
Acute Toxicity, Dermal--Category 3 create twelve EPCRA
Acute Toxicity, Dermal--Category 4 hazard categories.
Acute Toxicity, Inhalation--Category 1
Acute Toxicity, Inhalation--Category 2
Acute Toxicity, Inhalation--Category 3
Acute Toxicity, Inhalation--Category 4
Aspiration Hazard................ Aspiration Hazard--Category 1 No changes.
Carcinogenicity.................. Carcinogenicity--Category 1 Including
Carcinogenicity--Sub-Category 1A the OSHA categories
Carcinogenicity--Sub-Category 1B for this hazard
Carcinogenicity--Category 2 class from Appendix
A.6 to create four
EPCRA hazard
categories.
Germ Cell Mutagenicity........... Germ Cell Mutagenicity--Category 1 Including
Germ Cell Mutagenicity--Sub-Category 1A the OSHA categories
Germ Cell Mutagenicity--Sub-Category 1B for this hazard
Germ Cell Mutagenicity--Category 2 class from Appendix
A.5 to create four
EPCRA hazard
categories.
Reproductive Toxicity............ Reproductive Toxicity--Category 1 Including
Reproductive Toxicity--Sub-Category 1A the OSHA categories
Reproductive Toxicity--Sub-Category 1B for this hazard
Reproductive Toxicity--Category 2 class from Appendix
Reproductive Toxicity--Effects on or via lactation A.7 to create five
EPCRA hazard
categories.
Respiratory or Skin Sensitization Respiratory Sensitizer--Category 1 Including
Respiratory Sensitizer--Sub-Category 1A the OSHA classes
Respiratory Sensitizer--Sub-Category 1B and categories for
Skin Sensitizer--Category 1 these health
Skin Sensitizer--Sub-Category 1A hazards from
Skin Sensitizer--Sub-Category 1B Appendix A.4 to
create six EPCRA
hazard categories.
Serious Eye Damage or Eye Serious Eye Damage--Category 1 Including
Irritation. Eye Irritation--Category 2 the OSHA categories
Eye Irritation--Sub-Category 2A for this hazard
Eye Irritation--Sub-Category 2B class from Appendix
A.3 to create four
EPCRA hazard
categories.
Simple Asphyxiant................ Simple Asphyxiant No changes.
Skin Corrosion or Irritation..... Skin Corrosion--Category 1 Including
Skin Corrosion--Sub-Category 1A the OSHA classes
Skin Corrosion--Sub-Category 1B and categories for
Skin Corrosion--Sub-Category 1C these health
Skin Irritation--Category 2 hazards from
Appendix A.2 to
create five EPCRA
hazard categories.
Specific Target Organ Toxicity Specific Target Organ Toxicity Single Exposure-- Separating
(Single or Repeated Exposure). Category 1 the ``single'' and
Specific Target Organ Toxicity Single Exposure-- ``repeated or
Category 2 prolonged'' hazard
Specific Target Organ Toxicity Single Exposure-- classes.
Category 3 Including
Specific Target Organ Toxicity Repeated or Prolonged the OSHA classes
Exposure--Category 1 and categories for
Specific Target Organ Toxicity Repeated or Prolonged these health
Exposure--Category 2 hazards from
Appendices A.8 and
A.9 to create five
EPCRA hazard
categories.
Hazard Not Otherwise Classified Hazard Not Otherwise Classified (HNOC) No changes.
(HNOC).
----------------------------------------------------------------------------------------------------------------
[[Page 51194]]
EPCRA Physical Hazard Categories
----------------------------------------------------------------------------------------------------------------
Flammable (gases, aerosols, Aerosols--Category 1 Aerosols
liquids or solids). Aerosols--Category 2 are no longer
Aerosols--Category 3 reported under the
Chemicals Under Pressure--Category 1 flammable hazard
Chemicals Under Pressure--Category 2 category, they are
Chemicals Under Pressure--Category 3 now in the Aerosols
Flammable Gases--Category 1A hazard class.
Flammable Gases--Category 1B Aerosols
Flammable Gases--Category 2 and Chemicals Under
Flammable Gases--Chemically Unstable Gas--Category 1A/A Pressure hazard
Flammable Gases--Chemically Unstable Gas--Category 1A/B classes now include
Flammable Gases--Pyrophoric Gas--Category 1A flammable
Flammable Liquids--Category 1 (Categories 1 & 2)
Flammable Liquids--Category 2 and non-flammable
Flammable Liquids--Category 3 hazards (Category
Flammable Liquids--Category 4 3).
Flammable Solids--Category 1 Pyrophoric
Flammable Solids--Category 2 gases are no longer
an independent
hazard class and
are included in the
flammable gases
hazard class.
Report under the
Flammable Gases--
Pyrophoric Gas
hazard category.
Chemically
unstable gases
(Categories A & B)
are now included
within the OSHA HCS
flammable gases
hazard category.
Report under the
appropriate
Flammable Gases--
Chemically Unstable
Gas hazard
category.
Separating
the OSHA
``flammable''
hazard classes.
Including
the OSHA categories
for these physical
hazard classes from
Appendices B.2,
B.3, B.6, and B.7
to create eighteen
EPCRA hazard
categories.
Combustible Dust................. Combustible Dust No changes.
Corrosive to Metal............... Corrosive to Metal--Category 1 Including
the OSHA category
for this physical
hazard class from
Appendix B.16.
Not a Hazard Category in 2012.... Desensitized Explosives--Category 1 New OSHA
Desensitized Explosives--Category 2 hazard class and
Desensitized Explosives--Category 3 categories.
Desensitized Explosives--Category 4 Formerly reported
under Explosives
hazard class.
Including
the OSHA categories
for this physical
hazard from
Appendix B.17 to
create four EPCRA
hazard categories.
Explosives....................... Explosives--Unstable
Explosives--Division 1.1 Desensitized
Explosives--Division 1.2 explosives are no
Explosives--Division 1.3 longer categorized
Explosives--Division 1.4 as explosives they
Explosives--Division 1.5 are now in the
Explosives--Division 1.6 desensitized
explosives hazard
class.
Including
the OSHA categories
for this physical
hazard from
Appendix B.1 to
create seven EPCRA
hazard categories.
Gases Under Pressure (compressed Gas Under Pressure--Compressed Gas Including
gas). Gas Under Pressure--Dissolved Gas the OSHA categories
Gas Under Pressure--Liquefied Gas for this physical
Gas Under Pressure--Refrigerated liquefied gas hazard from
Appendix B.5 to
create four EPCRA
hazard categories.
In Contact With Water, Emits In Contact With Water Emits Flammable Gases--Category 1 Including
Flammable Gases. In Contact With Water Emits Flammable Gases--Category 2 the OSHA categories
In Contact With Water Emits Flammable Gases--Category 3 for this physical
hazard from
Appendix B.12 to
create three EPCRA
hazard categories.
Organic Peroxides................ Organic Peroxides--Type A Including
Organic Peroxides--Type B the OSHA categories
Organic Peroxides--Type C for this physical
Organic Peroxides--Type D hazard from
Organic Peroxides--Type E Appendix B.15 to
Organic Peroxides--Type F create seven EPCRA
Organic Peroxides--Type G hazard categories.
[[Page 51195]]
Oxidizer (liquid, solid, or gas). Oxidizing Gases Separating
Oxidizing Liquids--Category 1 the OSHA oxidizing
Oxidizing Liquids--Category 2 hazard classes
Oxidizing Liquids--Category 3 Including
Oxidizing Solids--Category 1 the OSHA categories
Oxidizing Solids--Category 2 for this physical
Oxidizing Solids--Category 3 hazard from
Appendices B.4,
B.13, and B14 to
create seven EPCRA
hazard categories.
Pyrophoric Gas................... N/A: Not a hazard class in 2024 OSHA HCS. No longer
an independent
hazard class.
Report under
Flammable Gas.
Pyrophoric (liquid or solid)..... Pyrophoric Liquids--Category 1 Separating
Pyrophoric Solids--Category 1 the OSHA pyrophoric
physical hazard
classes per
Appendices B.9 and
B.10, to create two
EPCRA hazard
categories.
Including
the OSHA category
for these physical
hazard classes from
Appendices B.9 and
B.10 to create two
hazard categories.
Self-Heating Chemicals........... Self-Heating Chemicals--Category 1 Including
Self-Heating Chemicals--Category 2 the OSHA categories
for this physical
hazard from
Appendix B.11 to
create two EPCRA
hazard categories.
Self-Reactive Chemicals.......... Self-Reactive Chemicals--Type A Including
Self-Reactive Chemicals--Type B the OSHA categories
Self-Reactive Chemicals--Type C for this physical
Self-Reactive Chemicals--Type D hazard from
Self-Reactive Chemicals--Type E Appendix B.8 to
Self-Reactive Chemicals--Type F create seven EPCRA
Self-Reactive Chemicals--Type G hazard categories.
Hazard Not Otherwise Classified Hazard Not Otherwise Classified (HNOC) No changes.
(HNOC).
----------------------------------------------------------------------------------------------------------------
C. Revisions to EPCRA Definitions
EPA is amending the definition of hazard category and removing the
definition of Material Safety Data Sheet to conform with the 2024 OSHA
HCS. EPA also notes that OSHA added a definition for combustible dust
to the 2024 OSHA HCS. Further, the Agency is moving the definitions for
40 CFR part 370 from Sec. 370.66 to Sec. 370.3 to ensure clarity and
consistency within the EPCRA regulations.
Hazard category--
EPA is amending the definition of hazard category in 40 CFR part
370, including the health and physical hazard definitions, to implement
the conforming amendments discussed above in section B. Revisions to
EPCRA Hazard Categories. This action amends the definition of hazard
category to state that under EPCRA, a hazard category is the OSHA HCS's
classification of a chemical's hazard(s) into classes with their
categories as are reported in Section 2 of SDSs in accordance with 29
CFR 1910.1200. In accordance with the EPCRA statute [42 U.S.C.
11021(a)(2)(A)(1) and section 11022(a)(1)], the hazard categories
continue to be divided by their hazard class into those with health and
physical hazards. The definitions for health hazard and physical hazard
are being amended to list each of the hazard classes as are described
and named in Appendices A and B of 29 CFR 1910.1200 or 29 CFR
1910.1200(c) for combustible dust, simple asphyxiant, and hazards not
otherwise classified, as well as to alphabetize the hazard classes to
improve functionality and reduce the burden of completing the inventory
forms.
The following table compares the definition for hazard category,
including health hazard and physical hazard, between the 2016 EPCRA
regulation and this action, with differences in language bolded:
------------------------------------------------------------------------
Adopting in this action EPCRA 311-
2016 EPCRA 311-312 40 CFR 370.66 312 40 CFR 370.3
------------------------------------------------------------------------
Hazard category is divided into two Hazard category means the
categories, health and physical classification of a chemical's
hazards: hazard(s) into classes with their
categories as are reported in
Section 2 of SDSs in accordance
with 29 CFR 1910.1200. Hazard
categories are divided by hazard
class into health and physical
hazards:
(1) Health hazard means a chemical (1) Health hazard means a chemical
which poses one of the following that is classified into one of the
hazardous effects: following hazard classes: acute
Carcinogenicity; acute toxicity toxicity (oral, dermal, or
(any route of exposure); inhalation); aspiration hazard;
aspiration hazard; reproductive carcinogenicity; germ cell
toxicity; germ cell mutagenicity; mutagenicity; reproductive
skin corrosion or irritation; toxicity; respiratory sensitizer;
respiratory or skin sensitization; skin sensitizer; serious eye
serious eye damage or eye damage/eye irritation; simple
irritation; specific target organ asphyxiant; skin corrosion or
toxicity (single or repeated irritation; specific target organ
exposure); simple asphyxiant; and toxicity (single exposure) or
hazard not otherwise classified (repeated or prolonged exposure);
(HNOC). and hazard not otherwise
classified (HNOC).
[[Page 51196]]
(2) Physical hazard means a (2) Physical hazard means a
chemical which poses one of the chemical that is classified into
following hazardous effects: one of the following hazard
Flammable (gases, aerosols, classes: aerosols; chemicals under
liquids or solids); gas under pressure; combustible dust;
pressure; explosive; self-heating; corrosive to metal; desensitized
pyrophoric (liquid or solid); explosive; explosives; flammable
pyrophoric gas; oxidizer (liquid, (gases, liquids, or solids); gas
solid or gas); organic peroxide; under pressure; in contact with
self-reactive; in contact with water emits flammable gases;
water emits flammable gas; organic peroxides; oxidizing
combustible dust; corrosive to (gases, liquids, or solids);
metal; and hazard not otherwise pyrophoric (liquids or solids);
classified (HNOC). self-heating chemicals; self-
reactive chemicals; and hazard not
otherwise classified (HNOC).
------------------------------------------------------------------------
(Material) Safety Data Sheet--
The 2012 OSHA HCS replaced the term Material Safety Data Sheet
(MSDS) with the term Safety Data Sheet (SDS) and also stated that these
two terms mean the same thing, serve the same function, and communicate
the same types of information. Additionally, OSHA stated that an SDS
should be treated as an MSDS under EPCRA. [77 FR 17730; March 26, 2012]
Further, the 2012 and 2024 OSHA HCS at 29 CFR 1910.1200 do not contain
the term Material Safety Data Sheet or MSDS, nor do they provide a
reference to the prior use of this term.
The EPCRA statute defines and references the term Material Safety
Data Sheet and its acronym MSDS, stating that the document is required
to be prepared or made available for a hazardous chemical under the OSH
Act of 1970 and the OSHA HCS at 29 CFR 1910.1200 [42 U.S.C. 11021(a)(1)
and 11049(6)]. In 2016, EPA amended 40 CFR part 370 to use both terms
and their acronyms, stating that the terms mean the same thing and that
more stakeholders commonly use the term SDS. EPA finds that the use of
both terms in the regulation is cumbersome to read and unnecessary, as
it is well documented by OSHA and EPA that these terms refer to the
same document and that document is what is required by EPCRA.
Therefore, to better align the hazardous chemical inventory reporting
regulations with the OSHA HCS, EPA is removing the definition for
Material Safety Data Sheet (MSDS) and use of the term within the
regulation and is also amending the definition of Safety Data Sheet
(SDS) for consistency and added clarity that the term SDS replaces the
term MSDS for the required data sheet.
The following table provides the current and revised definition of
Safety Data Sheet, which are being moved from Sec. 370.66 to Sec.
370.3 in this action, with the modified language in bold.
------------------------------------------------------------------------
Adopting in this action EPCRA 311-
2016 EPCRA 311-312 40 CFR 370.66 312 40 CFR 370.3
------------------------------------------------------------------------
Safety Data Sheet or SDS means the Safety Data Sheet (SDS) means the
sheet required to be developed sheet required to be developed
under 29 CFR 1910.1200(g). This under 29 CFR 1910.1200(g). This
term means the same as the term term SDS replaces the term
``material safety data sheet or ``material safety data sheet'' for
MSDS'' defined in this section. the name of the data sheet defined
in the statute [42 U.S.C.
11049(6)].
------------------------------------------------------------------------
Combustible dust--
The 2024 OSHA HCS includes the following definition of combustible
dust at 29 CFR 1910.1200(c): ``Combustible dust means finely divided
solid particulates of a substance or mixture that pose a flash-fire
hazard or explosion hazard when dispersed in air or other oxidizing
media.'' [89 FR 44272-44274; May 20, 2024] EPA notes that the 2024 OSHA
HCS definition of combustible dusts is applicable to 40 CFR part 370 by
the existing reference to the OSHA HCS within the definition of
hazardous chemical at 40 CFR 370.66. EPA is not making amendments to
further incorporate this definition.
Location of definitions in 40 CFR part 370--
Additionally, through this action, the Agency is moving the
definitions for this part from Sec. 370.66 to Sec. 370.3, amending
the title of Sec. 370.3 to be Definitions, amending the title of Sec.
370.66 to be [Reserved], and adding a note to Sec. 370.66 that the
definitions are now in Sec. 370.3. This adjustment adds clarity to the
regulation by providing key words prior to the requirements and is
consistent with the Agency's common practice.
D. Other Revisions to 40 CFR Part 370
In this action, EPA is capitalizing each letter of the term
Extremely Hazardous Substance to add clarity between the distinct set
of substances listed in the appendices to 40 CFR part 355 and the broad
use of the term extremely hazardous substance within the Clean Air Act
(CAA) 112(r) programs [42 U.S.C. 7412(r)]. This distinction is
necessary to reduce confusion as there is interplay between the EPCRA
and CAA 112(r) statutes, regulations, and stakeholders.
In this action, EPA is also making minor plain language,
clarifying, and consistency edits in the following sections: Sec. Sec.
370.1, 370.2, 370.3, 370.10, 370.14, 370.30, 370.32, 370.33, 370.40,
370.41, 370.42, 370.43, 370.44, 370.45, 370.60, 370.61, 370.62, 370.64,
370.65, and 370.66. These changes include removing the historic
compliance dates from Sec. 370.33 and Sec. 370.45, as well as
removing the historic clarifications for electronic reporting from
Sec. 370.41 and Sec. 370.42.
E. Summary of Revisions to 40 CFR Part 370
The following is a list of amendments being made through this
action:
------------------------------------------------------------------------
Citations List of amendments
------------------------------------------------------------------------
40 CFR part 370.............. --Removes most uses of the term MSDS.
Sec. 370.1................. --Removes use of the term MSDS.
--Makes minor changes for clarity and
consistency.
Sec. 370.2................. --Amends title for plain language and
clarity.
--Makes minor changes for plain language
and clarity.
[[Page 51197]]
Sec. 370.3................. --Amends title.
--Moves definitions here from Sec.
370.66.
--Removes the language which referred to
Sec. 370.66 for definitions.
--Capitalizes each letter of the term
Extremely Hazardous Substance.
--Amends the definitions for hazard
category (including health hazard and
physical hazard) and safety data sheet
as described in this action.
--Removes the definition of Material
Safety Data Sheet or MSDS.
--Makes minor changes for plain language,
clarity, and consistency to the
following definitions: Indian Country,
person, SERC, and threshold planning
quantity (TPQ).
Sec. 370.10................ --Removes use of the term MSDS.
--Adds a note to paragraph (a).
--Makes minor changes for plain language,
clarity, and consistency.
Sec. 370.12................ --Removes use of the term MSDS.
Sec. 370.13................ --Removes use of the term MSDS.
Sec. 370.14................ --Removes use of the term MSDS.
--Makes minor changes for plain language
and consistency.
Sec. 370.20................ --Removes use of the term MSDS.
Centered heading............. --Removes use of the term MSDS.
Sec. 370.30................ --Amends to clarify that the hazard
categories are as listed in section 2 of
the SDS.
--Removes use of the term MSDS.
--Makes minor changes for clarity and
consistency.
Sec. 370.31................ --Removes use of the term MSDS.
Sec. 370.32................ --Removes use of the term MSDS.
--Makes minor changes for clarity and
consistency.
Sec. 370.33................ --Removes use of the term MSDS.
--Removes historic compliance date.
--Makes minor changes for plain language
and clarity.
Sec. 370.40................ --Makes minor changes for plain language,
clarity, and consistency.
Sec. 370.41................ --Amends to clarify that the hazard
categories are as listed in section 2 of
the SDS.
--Removes of historic clarifications for
electronic reporting.
--Makes minor changes for plain language,
clarity, and consistency.
Sec. 370.42................ --Amends to clarify that the hazard
categories are as listed in section 2 of
the SDS.
--Removes of historic clarifications for
electronic reporting
--Makes minor changes for plain language,
clarity, and consistency.
Sec. 370.43................ --Makes minor change for clarity and
consistency.
Sec. 370.44................ --Makes minor change for clarity and
consistency.
Sec. 370.45................ --Removes of historic compliance date.
--Makes minor changes for plain language,
clarity, and consistency.
Sec. 370.60................ --Removes use of the term MSDS.
--Makes a minor change for plain
language.
Sec. 370.61................ --Makes minor changes for plain language,
clarity, and consistency.
Sec. 370.62................ --Amends the title for consistency.
--Removes use of the term MSDS.
--Makes a minor changes for clarity and
consistency.
Sec. 370.63................ --Removes use of the term MSDS.
Sec. 370.64................ --Removes use of the term MSDS.
--Makes minor changes plain language,
clarity, and consistency.
Sec. 370.65................ --Amends the title with clarifying
punctuation.
Sec. 370.66................ --Changes title to [Reserved].
--Moves definitions to Sec. 370.3
--Adds ``Note to 370.66: Definitions are
in Sec. 370.3.''
------------------------------------------------------------------------
IV. Statutory and Executive Orders Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is considered a deregulatory action under Executive
Order 14192. This action provides burden reduction by directly adopting
OSHA definitions and hazard categories as the EPCRA definitions and
hazard categories and also by making plain language, clarifying, and
consistency edits to improve the readability and add clarity to the
regulation. By directly adopting the OSHA definitions and hazard
categories, this action should reduce administrative costs by
preventing interpretation burdens on facilities when using Safety Data
Sheets to complete annual hazardous chemical inventory reports. By
improving the readability and adding clarity, this action should reduce
the burden to read and understand the regulations. This rule will also
improve first responder and community safety, thereby extending the
deregulatory benefits of EPA's approach to state and local governments.
Overall, this action will have total costs of less than zero.
C. Paperwork Reduction Act (PRA)
The information collection activities in this direct final rule
will be submitted for approval to the Office of Management and Budget
(OMB) under the PRA through a revision Information
[[Page 51198]]
Collection Request (ICR) [EPA ICR number 1352.18; OMB Control Number
2050-0072] to be announced, shared via docket, and made available for a
60-day public comment period in a subsequent Federal Register Notice.
The information collection requirements are not enforceable until OMB
approves them.
This rulemaking action will conform the terminology used, and
information that must be reported, on the hazardous chemical inventory
forms to the Occupational Safety and Health Administration's Hazard
Communication Standard amendments of 2012 and 2024. This action will
result in burden reductions by removing interpretation burdens on
facilities using the SDS to complete annual hazardous chemical
inventory reports and reducing the burden to read and understand the
regulations. The burden for the existing EPA information collection
activities is accounted for in the EPA ICR number 1352.16 under OMB
Control Number 2050-0072. You can find a copy of the existing approved
ICR in Docket ID: EPA-HQ-SFUND-2004-0006.
An agency may not conduct or sponsor (and a person is not required
to respond to) a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this final rule.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the EPA concludes that the impact of concern
for this rule is any significant adverse economic impact on small
entities and that the agency is certifying that this rule will not have
a significant economic impact on a substantial number of small entities
because the rule imposes no added burden on the small entities subject
to the rule. This action is modifying the hazard categories used for
the existing reporting requirements. The burden for reporting is not
being modified by this action. We have therefore concluded that this
action will have no net regulatory burden for all directly regulated
small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million
(adjusted annually for inflation) or more (in 1995 dollars) as
described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or
uniquely affect small governments. The action implements mandate(s)
specifically and explicitly set forth in the EPCRA statute [42 U.S.C.
Chapter 116] without the exercise of any policy discretion by the EPA.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. It will not have substantial direct effects on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 directs federal agencies to include an
evaluation of the health and safety effects of the planned regulation
on children in federal health and safety standards and explain why the
regulation is preferable to potentially effective and reasonably
feasible alternatives. This action is not subject to Executive Order
13045 because it is not a significant regulatory action under section
3(f)(1) of Executive Order 12866, and because the EPA does not believe
the environmental health or safety risks addressed by this action
present a disproportionate risk to children. Further, this action is
not subject to the EPA's Children's Health Policy (https://www.epa.gov/children/childrens-health-policy-and-plan) because EPA does not believe
the action has considerations for human health.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
Endnotes
1. 42 U.S.C. Chapter 116--https://www.govinfo.gov/content/pkg/USCODE-2023-title29/pdf/USCODE-2023-title29-chap15-sec651.pdf.
2. 29 U.S.C. Chapter 15--https://www.govinfo.gov/content/pkg/USCODE-2023-title29/pdf/USCODE-2023-title29-chap15-sec651.pdf.
3. 29 CFR 1910.1200--https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1200.
4. The definitions section currently at 40 CFR 370.66 is being
relocated to Sec. 370.3 within this action.
5. 77 FR 17574; March 26, 2012--https://www.govinfo.gov/content/pkg/FR-2012-03-26/pdf/2012-4826.pdf.
6. 81 FR 38104; June 13, 2016--https://www.govinfo.gov/content/pkg/FR-2016-06-13/pdf/2016-13582.pdf.
7. 81 FR 47311; July 21, 2016--https://www.govinfo.gov/content/pkg/FR-2016-07-21/pdf/2016-17277.pdf.
8. 89 FR 44144; May 20, 2024--https://www.govinfo.gov/content/pkg/FR-2024-05-20/pdf/2024-08568.pdf.
9. 89 FR 81829; October 9, 2024--https://www.govinfo.gov/content/pkg/FR-2016-07-21/pdf/2016-17277.pdf.
10. 42 U.S.C. 11021 and 11022--https://www.govinfo.gov/content/pkg/USCODE-2021-title42/pdf/USCODE-2021-title42-chap116.pdf.
11. 53 FR 38344; October 15, 1987--https://www.govinfo.gov/content/pkg/FR-1987-10-15/pdf/FR-1987-10-15.pdf.
12. 55 FR 3062; July 26, 1990--https://www.epa.gov/sites/default/files/2013-09/documents/55fr30645.pdf.
13. Chemically unstable gases is a new term within the 2024 OSHA
HCS. The term was added to align with the GHS revision 7, which
includes chemically unstable gases and pyrophoric gases in the
criteria for flammable gases. Although it is a new term for the HCS,
chemically unstable gases met the criteria to be classified as
flammable gases in the 2012 OSHA HCS. [89 FR 44319-44321; May 20,
2024].
14. Hazard Communication: Hazard Classification Guidance for
Manufacturers,
[[Page 51199]]
Importers, and Employers (OSHA 3844-02 2016). https://www.osha.gov/sites/default/files/publications/OSHA3844.pdf.
List of Subjects in 40 CFR Part 370
Environmental protection, Chemicals, Emergency preparedness,
Hazardous substances, Occupational safety and health, Reporting and
recordkeeping requirements.
Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, the EPA amends Title 40,
Chapter I of the Code of Federal Regulations by revising and
republishing 40 CFR part 370 as follows:
PART 370--HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW
Sec.
Subpart A--General Information
370.1 What is the purpose of this part?
370.2 Who do the terms you, I, and your refer to in this part?
370.3 Definitions.
Subpart B--Who Must Comply
370.10 Who must comply with the hazardous chemical reporting
requirements of this part?
370.11 [Reserved]
370.12 What hazardous chemicals must I report under this part?
370.13 What substances are exempt from these reporting requirements?
370.14 How do I report mixtures containing hazardous chemicals?
Subpart C--Reporting Requirements
370.20 What are the reporting requirements of this part?
How to Comply With SDS Reporting
370.30 What information must I provide and what format must I use?
370.31 Do I have to update the information?
370.32 To whom must I submit the information?
370.33 When must I submit the information?
How to Comply With Inventory Reporting
370.40 What information must I provide and what format must I use?
370.41 What is Tier I inventory information?
370.42 What is Tier II inventory information?
370.43 What codes are used to report Tier I and Tier II inventory
information?
370.44 To whom must I submit the inventory information?
370.45 When must I submit the inventory information?
Subpart D--Community Access to Information
370.60 How does a person obtain SDS information about a specific
facility?
370.61 How does a person obtain inventory information about a
specific facility?
370.62 What information may a state or local official request from a
facility?
370.63 What responsibilities do the SERC and LEPC have to make
request information available?
370.64 What information can I claim as trade secret or confidential?
370.65 Must I allow the local fire department to inspect my
facility, and must I provide specific location information about
hazardous chemicals at my facility?
370.66 [Reserved]
Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and
329 of the Emergency Planning and Community Right-To-Know Act of
1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613, 42 U.S.C. 11002,
11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).
Subpart A--General Information
Sec. 370.1 What is the purpose of this part?
(a) This part (40 CFR part 370) establishes reporting requirements
for providing the public with important information on the hazardous
chemicals in their communities. Reporting raises community awareness of
chemical hazards and aids in the development of state and local
emergency response plans. The reporting requirements established under
this part consist of Safety Data Sheet (SDS) reporting and inventory
reporting.
(b) This part is written in a special format to make it easier to
understand the regulatory requirements. Like other Environmental
Protection Agency (EPA) regulations, this part establishes enforceable
legal requirements. Information considered non-binding guidance under
EPCRA is indicated in this regulation by the word ``note'' and a
smaller typeface. Such notes are provided for information purposes only
and are not considered legally binding under this part.
Sec. 370.2 Who do the terms you, I, and your refer to in this part?
Throughout this part the terms you, I, and your refer to the owner
or operator of a facility.
Sec. 370.3 Definitions.
Chief Executive Officer of the Tribe means the person who is
recognized by the Bureau of Indian Affairs as the chief elected
administrative officer of the Tribe.
Environment includes water, air, and land and the interrelationship
that exists among and between water, air, and land and all living
things.
EPCRA means the Emergency Planning and Community Right-To-Know Act
of 1986.
Extremely Hazardous Substance (EHS) means a substance listed in
appendices A and B of 40 CFR part 355.
Facility means all buildings, equipment, structures, and other
stationary items that are located on a single site or on contiguous or
adjacent sites and that are owned or operated by the same person (or by
any person that controls, is controlled by, or under common control
with, such person). Facility includes manmade structures, as well as
all natural structures in which chemicals are purposefully placed or
removed through human means such that it functions as a containment
structure for human use.
Hazard category means the classification of a chemical's hazard(s)
into classes with their categories as are reported in Section 2 of SDSs
in accordance with 29 CFR 1910.1200. Hazard categories are divided by
hazard class into health hazards and physical hazards:
(1) Health hazard means a chemical that is classified into one of
the following hazard classes: acute toxicity (oral, dermal, or
inhalation); aspiration hazard; carcinogenicity; germ cell
mutagenicity; reproductive toxicity; respiratory sensitizer; skin
sensitizer; serious eye damage/eye irritation; simple asphyxiant; skin
corrosion or irritation; specific target organ toxicity (single
exposure) or (repeated or prolonged exposure); and hazard not otherwise
classified.
(2) Physical hazard means a chemical that is classified into one of
the following hazard classes: aerosols; chemicals under pressure;
combustible dust; corrosive to metal; desensitized explosive;
explosives; flammable (gases, liquids, or solids); gas under pressure;
in contact with water emits flammable gases; organic peroxides;
oxidizing (gases, liquids, or solids); pyrophoric (liquids or solids);
self-heating chemicals; self-reactive chemicals; and hazard not
otherwise classified.
Hazardous chemical means any hazardous chemical as defined under 29
CFR 1910.1200(c), except that such term does not include:
(1) Any food, food additive, color additive, drug, or cosmetic
regulated by the Food and Drug Administration.
(2) Any substance present as a solid in any manufactured item to
the extent exposure to the substance does not occur under normal
conditions of use.
(3) Any substance to the extent it is used:
(i) 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. Present in the same form and
concentration as a product packaged for distribution and use by the
general public means a substance
[[Page 51200]]
packaged in a similar manner and present in the same concentration as
the substance when packaged for use by the general public, whether or
not it is intended for distribution to the general public or used for
the same purpose as when it is packaged for use by the general public;
(ii) In a research laboratory or a hospital or other medical
facility under the direct supervision of a technically qualified
individual; or
(iii) In routine agricultural operations or is a fertilizer held
for sale by a retailer to the ultimate customer.
Indian Country means Indian country as defined in 18 U.S.C. 1151
as:
(1) All land within the limits of any Indian reservation under the
jurisdiction of the United States government, notwithstanding the
issuance of any patent, and including rights-of-way running through the
reservation;
(2) All dependent Indian communities within the borders of the
United States whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a state;
and
(3) All Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same.
Indian Tribe or Tribe means those Tribes federally recognized by
the Secretary of the Interior.
Inventory form means the uniform Tier I and Tier II emergency and
hazardous chemical inventory forms published by EPA. These forms can be
used for reporting inventory information, as described in 40 CFR 370.40
through 370.45.
LEPC means the Local Emergency Planning Committee appointed by the
State Emergency Response Commission.
Mixture means mixture as defined under the Occupational Safety and
Health Administration's Hazard Communication Standard in 29 CFR
1910.1200(c).
OSHA means the U.S. Occupational Safety and Health Administration.
Person means any individual, trust, firm, joint stock company,
corporation (including a government corporation), partnership,
association, state, municipality, commission, political subdivision of
a state, or interstate body.
Safety Data Sheet (SDS) means the sheet required to be developed
under 29 CFR 1910.1200(g). The term SDS replaces the term ``material
safety data sheet'' for the name of the data sheet defined in the
statute [42 U.S.C. 11049(6)].
SERC means the State Emergency Response Commission for the state in
which the facility is located except when the facility is located in
Indian Country, in which case, SERC means the Emergency Response
Commission for the Tribe under whose jurisdiction the facility is
located. In the absence of a SERC for a state or an Indian Tribe, the
Governor or chief executive officer of the Tribe, respectively, shall
be the SERC. Where there is a cooperative agreement between a state and
a Tribe, the SERC shall be the entity identified in the agreement.
State means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, the Northern Mariana Islands, any other
territory or possession over which the United States has jurisdiction,
and Indian Country.
Threshold planning quantity (TPQ) means the quantity listed in the
column ``threshold planning quantity'' for the EHSs listed in Appendix
A and B of 40 CFR part 355.
Subpart B--Who Must Comply
Sec. 370.10 Who must comply with the hazardous chemical reporting
requirements of this part?
(a) You must comply with the reporting requirements of this part if
the Occupational Safety and Health Administration's (OSHA) Hazard
Communication Standard (HCS) requires your facility to prepare or have
available a Safety Data Sheet (SDS) for a hazardous chemical and if
either of the following conditions is met:
Note 1 to paragraph (a) introductory text. OSHA's Material Safety
Data Sheet or MSDS requirement was renamed to be the Safety Data Sheet
or SDS requirement. The terms MSDS and SDS are synonymous. The EPCRA
statutory MSDS requirements will be referred to as the SDS requirements
within this regulation. [29 CFR 1910.1200]
(1) A hazardous chemical that is an Extremely Hazardous Substance
(EHS) is present at your facility at any one time in an amount equal to
or greater than 500 pounds (227 kg--approximately 55 gallons) or the
Threshold Planning Quantity (TPQ), whichever is lower. EHSs and their
TPQs are listed in Appendices A and B of 40 CFR part 355.
(2) A hazardous chemical that is not an EHS is present at your
facility at any one time in an amount equal to or greater than the
threshold level for that hazardous chemical. Threshold levels for such
hazardous chemicals are:
(i) For any hazardous chemical that does not meet the criteria in
paragraph (a)(2)(ii) or (iii) of this section, the threshold level is
10,000 pounds (or 4,540 kg).
(ii) For gasoline at a retail gas station (For purposes of this
part, retail gas station means a retail facility engaged in selling
gasoline and/or diesel fuel principally to the public for motor vehicle
use on land.), the threshold level is 75,000 gallons (approximately
283,900 liters) (all grades combined). This threshold is only
applicable for gasoline that was in tanks entirely underground and that
were in compliance at all times during the preceding calendar year with
all applicable Underground Storage Tank (UST) requirements at 40 CFR
part 280 or requirements of the state UST program approved by the
Agency under 40 CFR part 281.
(iii) For diesel fuel at a retail gas station (For purposes of this
part, retail gas station means a retail facility engaged in selling
gasoline and/or diesel fuel principally to the public for motor vehicle
use on land.), the threshold level is 100,000 gallons (approximately
378,500 liters) (all grades combined). This threshold is only
applicable for diesel fuel that was in tanks entirely underground and
that were in compliance at all times during the preceding calendar year
with all applicable UST requirements at 40 CFR part 280 or requirements
of the state UST program approved by the Agency under 40 CFR part 281.
(b) The threshold level for responding to the following requests is
zero.
(1) If your LEPC requests that you submit an SDS for a hazardous
chemical for which you have not submitted an SDS to your LEPC; or
(2) If your LEPC, SERC, or the fire department with jurisdiction
over your facility requests that you submit Tier II information.
Sec. 370.11 [Reserved]
Sec. 370.12 What hazardous chemicals must I report under this part?
(a) You must report any hazardous chemical for which you are
required to prepare or have available an SDS under OSHA HCS that is
present at your facility equal to or above the applicable threshold
specified in Sec. 370.10. (Specific exemptions from reporting are in
Sec. 370.13.)
(b) The EPA has not issued a list of hazardous chemicals subject to
reporting under this part. A substance is a hazardous chemical if it is
required to have an SDS and meets the definition of hazardous chemical
under the OSHA regulations found at 29 CFR 1910.1200(c).
[[Page 51201]]
Sec. 370.13 What substances are exempt from these reporting
requirements?
You do not have to report substances for which you are not required
to have an SDS under the OSHA regulations or that are excluded from the
definition of hazardous chemical under EPCRA section 311(e). Each of
the following substances are excluded under EPCRA section 311(e):
(a) Any food, food additive, color additive, drug, or cosmetic
regulated by the Food and Drug Administration.
(b) Any substance present as a solid in any manufactured item to
the extent exposure to the substance does not occur under normal
conditions of use.
(c) Any substance to the extent it is used:
(1) 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. Present in the same form and
concentration as a product packaged for distribution and use by the
general public means a substance packaged in a similar manner and
present in the same concentration as the substance when packaged for
use by the general public, whether or not it is intended for
distribution to the general public or used for the same purpose as when
it is packaged for use by the general public;
(2) In a research laboratory or hospital or other medical facility
under the direct supervision of a technically qualified individual; or
(3) In routine agricultural operations or is a fertilizer held for
sale by a retailer to the ultimate customer.
Sec. 370.14 How do I report mixtures containing hazardous chemicals?
(a) For a mixture containing a hazardous chemical, use the
following table to determine if a reporting threshold is equaled or
exceeded, and to determine how to report:
Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
To determine if the threshold level If the threshold level for that
If your mixture contains a for that hazardous chemical is hazardous chemical is exceeded, then
hazardous chemical equaled or exceeded you must . . . you must . . .
----------------------------------------------------------------------------------------------------------------
(1) That is an EHS................. Determine the total quantity of the Report the EHS component:
EHS present throughout your facility Submit an SDS for the EHS as
at any one time, by adding together provided under Sec. 370.30 or
the quantities present as a include the EHS on the list of
component in all mixtures and all chemicals submitted in lieu of the
other quantities of the EHS. SDS.
You must include the quantity present And submit Tier I or Tier II
in a mixture even if you are also information for the EHS as provided
counting the quantity of that under Sec. 370.40.
particular mixture toward the Or
threshold level for that mixture. Report the mixture itself:
Submit an SDS for the mixture as
provided under Sec. 370.30 or
include the mixture on the list of
chemicals submitted in lieu of the
SDS.
And submit Tier I or Tier II
information for the mixture as
provided under Sec. 370.40.
If you report the mixture itself,
then provide the total quantity of
that mixture.
(2) That is not an EHS............. Determine either: Report the non[dash]EHS hazardous
The total quantity of the hazardous chemical component:
chemical present throughout your Submit an SDS for the non[dash]EHS
facility at any one time by adding hazardous chemical as provided
together the quantity present as a under Sec. 370.30 or include the
component in all mixtures and all non[dash]EHS on the list of
other quantities of the hazardous chemicals submitted in lieu of the
chemical. SDS.
You must include the quantity present And submit Tier I or Tier II
in a mixture even if you are also information for the non[dash]EHS
applying that particular mixture as hazardous chemical as provided
a whole toward the threshold level under Sec. 370.40.
for that mixture.
Or Or
The total quantity of that mixture Report the mixture itself:
present throughout your facility at Submit an SDS for the mixture as
any one time. provided under Sec. 370.30 or
include the mixture on the list of
chemicals submitted in lieu of SDS.
And submit Tier I or Tier II
information for the mixture as
provided under Sec. 370.40.
If you report the mixture itself,
then provide the total quantity of
that mixture.
----------------------------------------------------------------------------------------------------------------
(b) For each specific mixture, the reporting option used must be
consistent for both SDS and inventory reporting, unless it is not
possible to do so. This means that if you report on a specific mixture
as a whole for SDS reporting, you must report on that mixture as a
whole for inventory reporting too (unless it is not possible). SDS
reporting and inventory reporting are discussed in detail in subpart C
of this part.
(c) To determine the quantity of an EHS or a non-EHS hazardous
chemical component present in a mixture, multiply the concentration of
the hazardous chemical component (in weight percent) by the weight of
the mixture (in pounds). You do not have to count a hazardous chemical
present in a mixture if the concentration is less than or equal to 1%,
or less than or equal to 0.1% for a carcinogenic chemical.
Subpart C--Reporting Requirements
Sec. 370.20 What are the reporting requirements of this part?
The reporting requirements of this part consist of SDS reporting
and inventory reporting. If you are the owner or operator of a facility
subject to the reporting requirements of this part, then you must
comply with both types of reporting requirements. SDS reporting
requirements are addressed in Sec. Sec. 370.30 through 370.33.
Inventory
[[Page 51202]]
reporting requirements are addressed in Sec. Sec. 370.40 through
370.45.
How To Comply With SDS Reporting
Sec. 370.30 What information must I provide and what format must I
use?
(a) You must report the hazardous chemicals present at your
facility that meet or exceed the applicable threshold levels (threshold
levels are in Sec. 370.10) by either:
(1) Submitting an SDS for each hazardous chemical present at your
facility that meet or exceed its applicable threshold level; or
(2) Submitting a list of all hazardous chemicals present at your
facility at or above the applicable threshold levels. The hazardous
chemicals on your list must be grouped by the specific health and
physical hazards as listed in section 2 of the SDSs. The list must
contain the chemical or common name of each hazardous chemical as
provided on the SDS.
(b) Within 30 days of a request by the LEPC, as provided in Sec.
370.10(b), you must also submit an SDS for any hazardous chemical
present at your facility for which you have not submitted an SDS.
Sec. 370.31 Do I have to update the information?
SDS reporting stated in Sec. 370.30 is a one-time requirement.
However, you must update the information in all of the following ways:
(a) Submit a revised SDS after you discover significant new
information concerning a hazardous chemical for which an SDS was
submitted.
(b) Submit an SDS, or a list as described in Sec. 370.30(a), for
any new hazardous chemical for which you become subject to these
reporting requirements.
(c) Submit, as requested by the LEPC, an SDS for any hazardous
chemical present at your facility which you have not already submitted,
as provided in Sec. 370.30(b).
Sec. 370.32 To whom must I submit the information?
(a) You must submit an SDS or a list to the LEPC, SERC, and fire
department with jurisdiction over your facility, as provided in Sec.
370.30(a).
(b) You must submit an SDS to the LEPC if requested, as provided in
Sec. 370.30(b).
Sec. 370.33 When must I submit the information?
(a) You must submit an SDS or a list, as provided in Sec.
370.30(a), for a hazardous chemical subject to the reporting
requirements of this part within three (3) months after you first
become subject to the reporting requirements of this part, as provided
in Sec. Sec. 370.30 and 370.31(b).
(b) You must submit a revised SDS, as provided in Sec. 370.31(a),
within three (3) months after discovering significant new information
about a hazardous chemical for which an SDS was submitted.
(c) You must submit an SDS requested by the LEPC, as provided in
Sec. Sec. 370.30(b) and 370.31(c), within 30 days of receiving the
request.
How To Comply With Inventory Reporting
Sec. 370.40 What information must I provide and what format must I
use?
(a) If you are required to comply with the hazardous chemical
reporting requirements of this part, then by March 1 every year you
must submit inventory information regarding any hazardous chemical
present at your facility at any time during the previous calendar year
in an amount equal to or in excess of its threshold level. Threshold
levels are provided in Sec. 370.10.
(b) Tier I information is the minimum information that you must
report to be in compliance with the inventory reporting requirements of
this part as described in Sec. 370.41. You may choose to report the
Tier II information described in Sec. 370.42 for any hazardous
chemical at your facility. You must submit Tier II information to the
SERC, LEPC, or fire department with jurisdiction over your facility if
they request it. EPA publishes Tier I and Tier II Inventory Forms that
provide uniform formats for reporting the Tier I and Tier II
information. You may use a state or local format for reporting
inventory information if the state or local format contains at least
the Tier I information described in Sec. 370.41. EPA's Tier I and Tier
II forms are available at https://www.epa.gov/epcra.
Note 1 to paragraph (b). Some states require Tier II information
annually under state law.
(c) You should contact the SERC to determine that state's
requirements for inventory reporting formats, procedures, and to obtain
inventory forms.
Sec. 370.41 What is Tier I inventory information?
Tier I information provides state and local officials and the
public with information on the general types and locations of hazardous
chemicals present at your facility during the previous calendar year.
The Tier I information is the minimum information that you must provide
to be in compliance with the inventory reporting requirements of this
part. If you are reporting Tier I information, you must report
aggregate information on hazardous chemicals by hazard category. The
hazard categories (physical and health hazards) are available on the
Tier I form for you to select. The Tier I inventory form includes the
following data elements:
(a) The owner or operator or the officially designated
representative of the owner or operator must certify that all
information included in the Tier I submission is true, accurate, and
complete as follows: ``I certify under penalty of law that I have
personally examined and am familiar with the information and that based
on my inquiry of those individuals responsible for obtaining the
information, I believe that the submitted information is true,
accurate, and complete.'' This certification shall be accompanied by
your full name, official title, signature, date signed, and total
number of pages in the submission including all attachments. All other
pages must also contain your signature or signature stamp, the date you
signed the certification, and the total number of pages in the
submission.
Note 1 to paragraph (a). Some states require electronic
reporting and electronic certification. Contact your state for its
specific requirements.
(b) The calendar year for the reporting period.
(c) An indication whether the information being reported on page
one of the form is identical to that submitted last year.
(d) The complete name and address of the location of your facility
(include the full street address or state road, city, county, state,
and zip code), latitude, and longitude.
(e) An indication if the location of your facility is manned or
unmanned.
(f) An estimate of the maximum number of occupants present at any
one time. If the location of your facility is unmanned, check the box
marked N/A, not applicable.
(g) The phone number of your facility (optional).
(h) The North American Industry Classification System (NAICS) code
for your facility.
(i) The Dun & Bradstreet number of your facility.
(j) Facility identification numbers assigned under the Toxic
Release Inventory (TRI) and Risk Management Program. If your facility
has not been assigned an identification number under these programs or
if your facility is not subject to reporting under these
[[Page 51203]]
programs, check the box marked N/A, not applicable.
(k) An indication whether your facility is subject to the emergency
planning notification requirement under EPCRA section 302, codified in
40 CFR part 355.
(l) An indication whether your facility is subject to the chemical
accident prevention requirements under Section 112(r) of the Clean Air
Act, codified in 40 CFR part 68, also known as the Risk Management
Program.
(m) The name, mailing address, phone number, and email address of
the owner or operator of the facility.
(n) The name, mailing address, phone number, Dun & Bradstreet
number, and email address of the facility's parent company. These are
optional data elements.
(o) The name, title, phone number, 24-hour phone number, and email
address of the facility emergency coordinator, if applicable.
Note 1 to paragraph (o). EPCRA section 303(d)(1) requires
facilities subject to the emergency planning notification
requirement under EPCRA section 302 to designate a facility
representative who will participate in the local emergency planning
process as a facility emergency coordinator. This includes
additional facilities designated by the Governor or SERC under EPCRA
section 302(b)(2). EPA encourages facilities not subject to the
emergency planning notification requirement also to provide this
information, if available, for effective emergency planning in your
community.
(p) The name, title, phone number, and email address of the person
to contact for the information contained in the Tier I form.
(q) The name, title, phone number, and email address of at least
one local individual who can act as a referral if emergency responders
need assistance in responding to a chemical accident at your facility.
You must also provide an emergency phone number that will be available
24 hours a day, every day.
(r) An indication whether the information being reported on page
two of the form is identical to that submitted last year.
(s) An estimate (in ranges) of the maximum amount of hazardous
chemicals in each hazard category present at your facility at any time
during the preceding calendar year. You must use codes that correspond
to different ranges. The range codes are provided in Sec. 370.43.
(t) An estimate (in ranges) of the average daily amount of
hazardous chemicals in each hazard category present at your facility
during the preceding calendar year. You must use codes that correspond
to different ranges. The range codes are provided in Sec. 370.43.
(u) The maximum number of days that any single hazardous chemical
within each hazard category was present at your facility during the
reporting period.
(v) The general location of hazardous chemicals in each hazard
category within your facility. General locations should include the
names or identification of buildings, tank fields, lots, sheds, or
other such areas. You may also attach one or more of the following with
your Tier I inventory form:
(1) A site plan with site indicated for buildings, lots, areas,
etc. throughout your facility.
(2) A list of site coordinate abbreviations that correspond to
buildings, lots, areas, etc., throughout your facility.
(3) A description of dikes and other safeguard measures for storage
locations throughout your facility.
(w) An indication whether you are including any attachments
(optional).
Sec. 370.42 What is Tier II inventory information?
Tier II information provides state and local officials and the
public with specific information on the amounts and locations of
hazardous chemicals present at your facility during the previous
calendar year. Some states may require you to use a state reporting
format including electronic reporting and certification for submitting
your hazardous chemical inventory. Contact your state for its specific
requirements. The Tier II inventory form includes the following data
elements:
(a) The owner or operator or the officially designated
representative of the owner or operator must certify that all
information included in the Tier II submission is true, accurate, and
complete as follows: ``I certify under penalty of law that I have
personally examined and am familiar with the information and that based
on my inquiry of those individuals responsible for obtaining the
information, I believe that the submitted information is true,
accurate, and complete.'' This certification must be accompanied by
your full name, official title, signature, date signed, and total
number of pages in the submission including all Confidential and Non-
Confidential Information Sheets and all attachments. All other pages
must also contain your signature or signature stamp, the date you
signed the certification, and the total number of pages in the
submission.
Note 1 to paragraph (a). Some states require electronic
reporting and electronic certification. Contact your state for the
specific requirements in that state.
(b) The calendar year of the reporting period.
(c) An indication whether the information being reported on page
one of the form is identical to that submitted last year.
(d) The complete name and address of the location of your facility
(include the full street address or state road, city, county, state,
and zip code), latitude, and longitude.
(e) An indication if the location of your facility is manned or
unmanned.
(f) An estimate of the maximum number of occupants present at any
one time. If the location of your facility is unmanned, check the box
marked N/A, not applicable.
(g) The phone number of your facility (optional).
(h) The North American Industry Classification System (NAICS) code
for your facility.
(i) The Dun & Bradstreet number of your facility.
(j) Facility identification numbers assigned under the Toxic
Release Inventory (TRI) and Risk Management Program. If your facility
has not been assigned an identification number under these programs or
if your facility is not subject to reporting under these programs,
check the box marked N/A, not applicable.
(k) An indication if your facility is subject to the emergency
planning notification requirement under section 302 of EPCRA, codified
in 40 CFR part 355.
(l) An indication whether your facility is subject to the chemical
accident prevention requirements under section 112(r) of the Clean Air
Act (CAA), codified in 40 CFR part 68, Chemical Accident Prevention
Provisions, also known as the Risk Management Program.
(m) The name, mailing address, phone number, and email address of
the owner or operator of the facility.
(n) The name, mailing address, phone number, Dun & Bradstreet
number, and email address of the facility's parent company. These are
optional data elements.
(o) The name, title, phone number, 24-hour phone number, and email
address of the facility emergency coordinator, if applicable.
Note 1 to paragraph (o). EPCRA section 303(d)(1) requires
facilities subject to the emergency planning notification
requirement (including additional facilities designated by the
Governor or SERC under EPCRA section 302(b)(2)) to designate a
facility representative who will participate in the local emergency
planning process as a
[[Page 51204]]
facility emergency coordinator. This includes additional facilities
designated by the Governor or SERC under EPCRA section 302(b)(2).
EPA encourages facilities not subject to the emergency planning
notification requirement also to provide this information, if
available, for effective emergency planning in your community.
(p) The name, title, phone number, and email address of the person
to contact regarding information contained in the Tier II form.
(q) The name, title, phone number and email address of at least one
local individual who can act as a referral if emergency responders need
assistance in responding to a chemical accident at your facility. You
must also provide an emergency phone number that will be available 24
hours a day, every day.
(r) An indication whether the information being reported on page
two of the form is identical to that submitted last year.
(s) For each hazardous chemical that you are required to report,
you must:
(1) Provide the chemical name (or the common name of the chemical)
as provided on the SDS and provide the Chemical Abstract Service (CAS)
registry number of the chemical provided on the SDS.
Note 1 to paragraph (s)(1). If you are withholding the name in
accordance with trade secret criteria, you must provide the generic
class or category that is structurally descriptive of the chemical
and indicate that the name is withheld because of trade secrecy.
Trade secret criteria are addressed in Sec. 370.64(a).
(2) Indicate whether the chemical is a solid, liquid, or gas; and
whether the chemical is an EHS.
(3) If you are reporting a mixture, enter the mixture name, product
name or trade name, and CAS registry number as provided on the SDS. If
there is no CAS number provided or it is not known, check the box ``Not
Available.''
(4) If the mixture you are reporting contains EHS(s), provide the
name of each EHS in the mixture. As provided in Sec. 370.14(a), you
also have an option to report the non-EHS hazardous components in the
mixture.
(5) Indicate which hazard categories apply to the chemical or
mixture. The hazard categories are available for you to select on the
Tier II form and found in section 2 of the SDSs.
(6) Provide an estimate (in ranges) of the maximum amount of the
hazardous chemical present at your facility on any single day during
the preceding calendar year. If you are reporting a mixture, provide an
estimate of the total amount of the mixture present at your facility on
any single day during the preceding calendar year. If the mixture
contains any EHSs, provide the total amount of each EHS in that
mixture. You must use the codes that correspond to different ranges.
The amounts and associated range codes are in Sec. 370.43.
(7) Provide an estimate (in ranges) of the average daily amount of
the hazardous chemical present at your facility during the preceding
calendar year. If you are reporting a mixture, provide an estimate of
the average daily amount of the mixture. You must use the codes that
correspond to different ranges. The amounts and associated range codes
are in Sec. 370.43.
(8) Provide the maximum number of days that the hazardous chemical
or mixture was present at your facility during the preceding calendar
year.
(9) Provide the type of storage for the hazardous chemical or the
mixture containing the hazardous chemical at your facility. Examples of
types of storage: above-ground tank, plastic or non-metallic drum,
steel drum, cylinder, rail car, etc.
Note 1 to paragraph (s)(9). Your SERC or LEPC may have specific
instructions for reporting types of storage and/or storage
conditions.
(10) Provide the storage conditions for the hazardous chemical or
mixture containing the hazardous chemical at your facility. Examples
for types of storage conditions: Ambient pressure, ambient temperature,
less than ambient temperature/pressure, cryogenic conditions, etc.
Note 2 to paragraph (s)(10). Your SERC or LEPC may have specific
instructions for reporting types of storage and/or storage
conditions.
(11) Provide a brief description of the precise location(s) of the
hazardous chemical(s) or mixture(s) at your facility. You may also
attach one of the following with your Tier II inventory form:
(i) A site plan with site coordinates indicated for buildings,
lots, areas, etc. throughout your facility.
(ii) A list of site coordinate abbreviations that correspond to
buildings, lots, areas, etc., throughout your facility.
(iii) A description of dikes and other safeguard measures for
storage locations throughout your facility.
(12) Under EPCRA section 324, you may choose to withhold from
disclosure to the public the location information for a specific
chemical. If you choose to withhold the location information from
disclosure to the public, you must clearly indicate that the
information is ``confidential.'' You must provide the confidential
location information on a separate sheet from the other Tier II
information (which will be disclosed to the public) and attach the
Confidential Location Information Sheet to the other Tier II
information. Indicate any attachments you are including.
(13) You may provide additional reporting. For example, if your
state or local agencies require you to provide inventory information on
additional chemicals or if you wish to report any hazardous chemical
below the reporting thresholds specified in Sec. 370.10, check the
appropriate box.
(t) An indication whether you are including any attachments
(optional).
Sec. 370.43 What codes are used to report Tier I and Tier II
inventory information?
(a) Except as provided in paragraph (b) of this section, you must
use the following codes to report the maximum amount and average daily
amount when reporting Tier I or Tier II inventory information:
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Weight range in pounds
Range codes -------------------------------
From To
------------------------------------------------------------------------
01...................................... 0 99
02...................................... 100 499
03...................................... 500 999
04...................................... 1,000 4,999
05...................................... 5,000 9,999
06...................................... 10,000 24,999
07...................................... 25,000 49,999
08...................................... 50,000 74,999
09...................................... 75,000 99,999
10...................................... 100,000 499,999
11...................................... 500,000 999,999
12...................................... 1,000,000 9,999,999
13...................................... 10,000,000 (*)
------------------------------------------------------------------------
* Greater than 10 million
Note 1 to paragraph (a). To convert gas or liquid volume to
weight in pounds, multiply by an appropriate density factor.
(b) Your SERC or LEPC may provide other range codes for reporting
maximum amount and average daily amount or may require reporting of
specific amounts. You may use your SERC's or LEPC's range codes (or
specific amounts) provided the ranges are not broader than the ranges
in paragraph (a) of this section.
Sec. 370.44 To whom must I submit the inventory information?
You must submit the required inventory information to your SERC,
LEPC, and the fire department with jurisdiction over your facility.
Sec. 370.45 When must I submit the inventory information?
(a) You must submit the required inventory information on or before
March 1st of each year after your facility
[[Page 51205]]
becomes subject to this part. Your submission must contain the required
inventory information on hazardous chemicals present at your facility
during the preceding calendar year at or above the threshold levels.
Threshold levels are in Sec. 370.10. The minimum required inventory
information under EPCRA section 312 is Tier I information. Tier I
information requirements are described in Sec. 370.41.
(b) You must submit Tier II information within 30 days of the
receipt of a request from the SERC, LEPC, or fire department with
jurisdiction over your facility, as provided in Sec. 370.10(b). Tier
II information requirements are described in Sec. 370.42.
Subpart D--Community Access to Information
Sec. 370.60 How does a person obtain SDS information about a specific
facility?
Any person may obtain an SDS for a specific facility by writing to
the LEPC and asking for it.
(a) If the LEPC has the SDS it must provide it to the person making
the request.
(b) If the LEPC does not have the SDS it must request it from the
facility's owner or operator.
Sec. 370.61 How does a person obtain inventory information about a
specific facility?
(a) Any person may request Tier II information for a specific
facility by writing to the SERC or LEPC.
(1) If the SERC or LEPC has the Tier II information, the SERC or
LEPC must provide it to the person making the request.
(2) If the SERC or LEPC does not have the Tier II information, it
must request it from the facility owner or operator in either of the
following cases:
(i) The person making the request is a state or local official
acting in an official capacity.
(ii) The request is for hazardous chemicals in amounts greater than
10,000 pounds stored at the facility at any time during the previous
calendar year.
(3) If the SERC or LEPC does not have the Tier II information, it
may request it from the facility owner or operator when neither
condition in paragraph (a)(2) of this section is met but the person's
request includes a general statement of need.
(b) A SERC or LEPC must respond to a request for Tier II
information under this section within 45 days of receiving such a
request.
Sec. 370.62 What information may a state or local official request
from a facility?
The LEPC may ask a facility owner or operator to submit an SDS for
a hazardous chemical present at the facility. The SERC, LEPC, or fire
department with jurisdiction over a facility may ask a facility owner
or operator to submit Tier II information. The owner or operator must
provide the SDS (unless the owner or operator has already submitted an
SDS to the LEPC for that hazardous chemical) or Tier II information
within 30 days of receipt of such request.
Sec. 370.63 What responsibilities do the SERC and LEPC have to make
request information available?
Under this subpart, the SERC or LEPC must make the following
information (except for confidential location information discussed in
Sec. 370.64(b)) available if a person requests it:
(a) All information obtained from an owner or operator in response
to a request under this subpart.
(b) Any requested Tier II information or SDS otherwise in
possession of the SERC or the LEPC.
Sec. 370.64 What information can I claim as trade secret or
confidential?
(a) Trade secrets. You may be able to withhold the name of a
specific chemical when submitting SDS reporting or inventory reporting
information if that chemical name is claimed as a trade secret. The
requirements for withholding trade secret information are set forth in
EPCRA section 322 and implemented in 40 CFR part 350. If you are
withholding the name of a specific chemical as a trade secret in
accordance with trade secrecy requirements, you must report the generic
class or category that is structurally descriptive of the chemical
along with all other required information. You must also submit the
withheld information to EPA and must adequately substantiate your
claim. A Form for substantiating trade secret claims is available at
the Agency website at https://www.epa.gov/epcra.
(b) Confidential location information. You may request that the
SERC and LEPC not disclose to the public the location of any specific
chemical required to be submitted in Tier II information. If you make
such a request, the SERC and LEPC must not disclose the location of the
specific chemical. Although you may request that location information
(with respect to a specific chemical) be withheld from the public, you
may not withhold this information from the SERC, LEPC, and the local
fire department. If you use the Tier II Form to report your inventory
information, you can choose to report the confidential location
information for the specific chemical on the Tier II Confidential
Location Form and attach this form to the other Tier II information you
are reporting. The Tier II Confidential Location Form is available on
the Agency website at https://www.epa.gov/epcra.
Sec. 370.65 Must I allow the local fire department to inspect my
facility, and must I provide specific location information about
hazardous chemicals at my facility?
If you are the owner or operator of a facility that has submitted
inventory information under this part, you must comply with the
following two requirements upon request by the fire department with
jurisdiction over your facility:
(a) You must allow the fire department to conduct an on-site
inspection of your facility; and
(b) You must provide the fire department with information about the
specific locations of hazardous chemicals at your facility.
Sec. 370.66 [Reserved]
[FR Doc. 2025-19921 Filed 11-14-25; 8:45 am]
BILLING CODE 6560-50-P