[Federal Register Volume 91, Number 118 (Monday, June 22, 2026)]
[Rules and Regulations]
[Pages 37022-37043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-12426]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 370
[EPA-HQ-OLEM-2025-0299; FRL-12698-06-OLEM]
RIN 2050-AH40
EPCRA Hazardous Chemical Inventory Reporting Requirements:
Conformity With the 2024 OSHA Hazard Communication Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency is conforming 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 (EPCRA)
and its regulations rely on the Occupational Safety and Health
Administration's (OSHA'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 conforms 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 improves first responder and community safety, reduces
discrepancies and confusion, prevents interpretation burdens on
facilities when using (Material) Safety Data Sheets to complete annual
hazardous chemical inventory reports, and enhances clarity.
[[Page 37023]]
DATES:
Effective date: This final rule is effective August 21, 2026.
Compliance date: The compliance date for the use of the new hazard
categories is January 1, 2028. The EPA expects these changes to be
reflected in 2027 EPCRA section 312 annual reports, due March 1, 2028.
ADDRESSES: The 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) 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, Office of Resource
Conservation and Recovery, Oil Spills and Chemical Accident
Requirements Branch, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Mail Code: 5304T, Washington, DC 20460; telephone number:
(202) 564-9026 or (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. General Information
A. Summary of This Final Rule
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?
II. Background
A. History of EPCRA Hazard Categories
B. Proposed Rule
III. Revisions to 40 CFR Part 370
A. EPCRA Hazard Categories
B. Definitions
C. Other Revisions to 40 CFR Part 370
D. Burdens, Economics, and the Regulatory Process
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)
K. Congressional Review Act (CRA)
List of Acronyms
APA Administrative Procedure Act
CBI Confidential Business Information
CFR Code of Federal Regulations
CRA Congressional Review Act
EPA Environmental Protection Agency
EPCRA Emergency Planning and Community Right-to-Know Act
FR Federal Register
GHS United Nations Globally Harmonized System of Classification and
Labelling of Chemicals
HCS Hazard Communication Standard
HNOC Hazard Not Otherwise Classified
ICR Information Collection Request
LEPC Local Emergency Planning Committee
NTTAA National Technology Transfer and Advancement Act
MSDS Material Safety Data Sheet
OMB Office of Management and Budget
OSH Act Occupational Safety and Health Act of 1970 [Public Law 91-
596]
OSHA Occupational Safety and Health Administration
PRA Paperwork Reduction Act
RIA Regulatory Impact Assessment
RFA Regulatory Flexibility Act
SARA Title III Title III of the Superfund Amendments and
Reauthorization Act
SDS Safety Data Sheet
TEPC Tribal Emergency Planning Committee
SERC State Emergency Response Commission
TERC Tribal Emergency Response Commission
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
I. General Information
A. Summary of This Final Rule
The Environmental Protection Agency (EPA or the Agency) is
promulgating this final action to amend the 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 updates 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]. 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, and 81 FR 47311; July 21,
2016]. 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 and revising
the definition of safety data sheet to conform to the OSHA HCS and to
improve readability of the regulation in the following sections:
Sec. Sec. 370.1, 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, and 89 FR 81829; October 9, 2024]. 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]. In this action, EPA is
amending the EPCRA hazard categories and the definition of hazard
category to conform with the 2024 OSHA HCS and make conforming
amendments to the following sections: Sec. Sec. 370.3, 370.30, 370.41,
and 370.42. The Agency is also noting that OSHA codified 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] This
definition 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.
[[Page 37024]]
The Agency is also making minor plain language, clarifying, and
consistency updates 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. Of note, this includes capitalizing each letter of the term
Extremely Hazardous Substance at Sec. 370.66 to differentiate the term
from its other uses. Additionally, the Agency is moving the definitions
for this part from Sec. Sec. 370.66 to 370.3, amending the title of
Sec. 370.3 to be Definitions, and amending the title of Sec. 370.66
to be [Reserved]. 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. Sec. 370.33
and 370.45, as well as removing the historic clarifications for
electronic reporting from Sec. Sec. 370.41 and 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 [42 U.S.C. 11021 and
11022], 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 Occupational
Safety and Health Act of 1970 (OSH Act) and its implementing
regulations (i.e., the HCS). EPCRA section 311(e) defines the term
hazardous chemical to have the same meaning as in OSHA's regulations
found at 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]. 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 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]
D. Why is the Agency taking this action?
EPA is taking this action to ensure that the hazardous chemical
inventory reporting requirements of EPCRA sections 311 and 312 are in
conformance with the OSHA HCS SDS requirements, to publish a uniform
format for inventory forms using OSHA SDS hazard categories, and to
improve plain language use in the regulations. EPA anticipates that
coordination with the OSHA HCS and with the 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 for
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. Incremental
cost savings due to the final rule reflect changes in respondent labor
burden associated with EPA's regulatory changes conforming to the
updated OSHA categorization. EPA estimates the final rule will result
in annual cost savings of $12.83 million ($2025) for the approximately
463,000 affected facilities.
II. Background
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
[[Page 37025]]
categories for EPCRA hazardous chemical inventory reporting from 1987
through 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 uniform 16-section format. The EPA's
conforming action included replacing the five 1987-2016 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 direct final rule 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 2017-2026
EPCRA hazard categories, as was published in 40 CFR 370.66 from 2016
until the compliance date of this action (January 1, 2028):
EPCRA Hazard Categories Based on OSHA Definitions
[Used from 2017 through 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
Reproductive toxicity............ solids).
Respiratory or skin Gas under pressure.
sensitization.. In contact with
Serious eye damage or eye water emits flammable gas.
irritation.. Organic peroxide.
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. Proposed Rule
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 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 EPA proposes to move to 40 CFR
370.3 in this action. The following discusses these changes to the OSHA
hazard classes and the proposed 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. So,
although substances with these hazard classifications are in the same
OSHA hazard class (i.e., Aerosols), they do not present the same
hazards in an emergency, as is required by sections 311 and 312 of the
EPCRA statute [42 U.S.C. 11021(a)(2)(B) and 11022(d)(1)(C)(i)].
On November 17, 2025, to align with this modification while
ensuring the protection of first responders and communities, the EPA
published the now withdrawn direct final rule [90 FR 51187] and the
parallel proposed rule [90 FR 51266]. On January 9, 2026, due to the
receipt of adverse comment regarding the hazard categories, EPA
withdrew the direct final rule [91 FR 918]. Because the direct final
rule did not become effective, the Agency is proceeding with a final
rule based on the parallel proposed rule [90 FR 51266] which was
published separately. The Agency considered all comments submitted to
the docket [EPA-HQ-OLEM-2025-0299] for both the now withdrawn direct
final rule and the parallel proposed rule. Discussions are in section
III. of this final rule.
The intent of the proposed rule was to directly incorporate the
OSHA hazard categories into the EPCRA regulation, as opposed to the
approach EPA adopted in the 2016 final rule [81 FR 38104; June 13,
2016] which included summaries of hazard classes as provided in the
OSHA definitions at 29 CFR 1910.1200(c) for hazardous chemical, health
hazard, and physical hazard into the EPCRA regulation. This method used
for reporting from 2017 through 2026 grouped together similarly named
OSHA hazard classes rather than using the OSHA hazard categories. These
groupings of multiple OSHA hazard classes were 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), resulting in 24 EPCRA hazard
categories. Instead of this grouping approach, the Agency proposed [90
FR 51266; November 17, 2025] to incorporate the OSHA hazard categories
as the EPCRA hazard categories. The proposed rule stated that these
more detailed hazard categories provide more accurate hazard
information. This increased specificity in hazard information is
invaluable to emergency planners and responders, while
[[Page 37026]]
allowing facilities to simply copy the hazard categories from the SDSs
to the EPCRA inventory reports. The proposed modification to 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
11022(d)(1)(A), 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. During the
30-day public comment period for this action, EPA received nine
comments on the modification of the hazard categories. The discussion
and final hazard categories are in section III.A. below.
EPA also proposed to adjust the definitions for 40 CFR part 370 to
amend the definitions of hazard category and safety data sheet and
remove the definition of Material Safety Data Sheet. Further, the
Agency proposed to move the definitions for 40 CFR part 370 from
Sec. Sec. 370.66 to 370.3 to ensure clarity and consistency within the
EPCRA regulations. Additionally, the Agency noted that OSHA codified
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] This definition 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. During the 30-day public comment period
for these actions, only supporting comments were received for
definition portions of the proposal. The discussions and final
definitions are in section III.B. below.
Further, EPA also proposed to make 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 proposed changes include capitalizing each
letter of the term Extremely Hazardous Substance to add clarity between
the distinct set of substances listed in the appendices of 40 CFR part
355 and other uses of the term, removing the historic compliance dates
from Sec. Sec. 370.33 and 370.45, as well as removing the historic
clarifications for electronic reporting from Sec. Sec. 370.41 and
370.42. No comments were received for these edits, during the 30-day
public comment period for these actions. The discussion is in section
III.C. below.
III. Revisions to 40 CFR Part 370
In this final action, consistent with the proposal, EPA is amending
its hazardous chemical inventory reporting regulations at 40 CFR part
370 by directly incorporating the 118 OSHA hazard categories as the
EPCRA hazard categories, amending the definitions for hazard category
and safety data sheet, removing the use of the term Material Safety
Data Sheet (MSDS), noting that 2024 OSHA HCS includes a definition for
combustible dusts which is applicable to 40 CFR part 370, and making
the proposed corrections for plain language, clarity, and consistency.
These changes were made to conform with the most recent version of 29
CFR 1910.1200. EPA engaged in discussions with OSHA in finalizing this
rule. Additionally, EPA is providing a thirteen-month extension to the
proposed rule's compliance date (i.e., December 1, 2027); the final
rule compliance date is January 1, 2028. The rationale for these
revisions is discussed below:
A. EPCRA Hazard Categories
As explained above in section II.A. of this final rule, the EPCRA
statute specifies that the hazardous chemical inventory reporting under
sections 311 and 312 should be the health and physical hazard
categories established under the OSH Act and the OSHA HCS regulations,
and that EPA may modify those OSHA hazard categories to be reported in
groups which present similar hazards in an emergency [42 U.S.C.
11021(a)(2) and 11022(d)]. As the Agency explained in the proposed rule
and discussed further below in this section, the updates to the OSHA
HCS [89 FR 81829; October 9, 2024] leave the 2017-2026 EPCRA hazard
categories out of alignment with the OSHA hazard categories. To remedy
this, the EPA published a proposed rule [90 FR 51266; November 17,
2025] to directly incorporate the OSHA hazard classes and their
categories as the EPCRA hazard categories, consistent with the
statutory provisions that the EPCRA hazard categories are to be the
health and physical hazards as set forth under the OSHA HCS [42 U.S.C.
11021(a)(2)(A)(i) and 11021(d)(1)(A)]. In this final action and for the
reasons explained below, the Agency is finalizing the direct
incorporation of the OSHA hazard classes with their hazard categories
as the EPCRA hazard categories.
1. Conformance to OSHA Hazard Categories
EPA received nine comments on the proposal to directly incorporate
the OSHA hazard categories into the EPCRA regulation as the EPCRA
hazard categories. EPA agrees with commenters who supported the
proposed rule's direct incorporation of the OSHA hazard categories as
the EPCRA hazard categories for the ability to streamline reporting,
reduce the time burden for completing the reports, reduce confusion
between Federal and international chemical hazard classifications, and
allow direct data transfer from the OSHA HCS required SDSs to the EPCRA
hazardous chemical inventory forms. Some commenters criticized the
expansion of the 2017-2026 EPCRA hazard categories and were unclear as
to how they would be implemented. Some of these commenters were unclear
regarding how they would complete the new form with so many options for
the hazard categories, some commenters expressed concern regarding
whether the hazard categories are comprehensible by small facilities
and the public, one commenter stated that the expansion of hazard
categories exceeds what is necessary for harmonization and that the
revised categories are simply a more granular version of the existing
categorizations, and one commenter stated that the OSHA hazard
categories create a false sense of accuracy and that the hazard
categories give the illusion that a more precise description implies
that something is more true. Some of these commenters requested that
EPA retain the current 2017-2026 EPCRA hazard categories, while another
commenter stated that the EPA's original five 1987-2016 hazard
categories should be reinstated. In addition to considering these
comments, EPA also evaluated other approaches. The discussions are
below in this section.
In response to the commenters who expressed confusion as to how to
complete the EPCRA section 312 Tier II forms and, in agreement with
supporting commenters, EPA has determined that the updated approach
removes the current interpretation burden and simply requires the
selection of the hazard category on the Tier II Form that matches the
hazard category present on the SDS. The updated approach requires no
interpretation burden or chemical hazard expertise, rather it simply
requires the facilities use the hazard category from the SDS to report
on the Tier II Form. The 1987-2016 and 2017-2026 hazard category
methods required
[[Page 37027]]
that facilities use the OSHA hazard classes and categories to then
interpret which EPCRA hazard category was relevant for each. Also, the
2024 OSHA HCS updates created a misalignment for twelve OSHA hazard
categories that do not fit into a 2017-2026 EPCRA hazard category or
will cause confusion if reported in a 2017-2026 hazard category (i.e.,
Aerosols--Categories 1, 2, and 3; Chemicals Under Pressure--Categories
1, 2, and 3; Flammable Gases--Chemically Unstable Category 1A/A and 1A/
B; Desensitized Explosives--Categories 1, 2, 3, and 4). Therefore,
facilities will now incur a data entry and interpretation burden when
completing their 2026 Tier II Form. The timeliness of the rule is to
prevent these additional burdens for all facilities (especially small
facilities). This final action removes these added burdens for the 2027
and subsequent reporting years. Further, the hazard categories appear
individually on the SDS. And, for every hazard category listed on the
SDS, the facilities have always been required to select one hazard
category on the Tier II Form. Therefore, EPA disagrees that the
expansion of the hazard categories will make it more difficult to
complete the annual Tier II Form because facilities are still only
required to use each hazard category from the SDS to select one hazard
category on the Tier II Form. The changes with this final rule remove
the burdens for interpreting which EPCRA hazard category to use for
each OSHA hazard category, since these two sets of hazard categories
are now the same.
EPA understands the importance of using hazard categories that
effectively convey the hazard information, as well as the concerns
expressed regarding whether small facilities and the public will be
able to understand the hazard information affiliated with the expanded
hazard categories. In agreement with supporting commenters, the Agency
finds that the alignment of EPCRA hazard categories with the OSHA
hazard categories, which are in accordance with international
standards, will provide one set of chemical hazard information for
people to understand and this will inherently increase comprehension
while resolving confusion. Note that in the 2012 OSHA HCS [52 FR 38344]
which conformed to the GHS, OSHA stated that ensuring comprehensibility
of the GHS was a key principle in its development [77 FR 17584; March
26, 2012]. Further, the hazard class information is still included in
the EPCRA hazard categories, so the EPCRA section 312 Tier I and Tier
II forms will continue to provide people with a basic understanding of
the hazard (e.g., carcinogenicity, serious eye damage, explosives,
oxidizing gases, etc.). Importantly, these revisions also allow people
the opportunity to more clearly understand the hazards in their
communities if they choose to. The Agency finds that it is appropriate
to allow people the option to learn and understand, instead of assuming
that they are incapable of comprehending the hazard categories. For the
reasons stated above, the Agency disagrees that using the OSHA hazard
categories will less effectively convey hazard information and instead
finds that directly incorporating the OSHA hazard categories as the
EPCRA hazard categories will ensure that people are informed of the
hazards effecting them, whether they achieve full understanding of the
hazard categories or retain only the basic hazard class information.
EPA disagrees with the commenter positing that the expansion of the
EPCRA hazard categories exceeds what is necessary for harmonization,
that the 2017-2026 EPCRA hazard categories are sufficient, and that the
expanded categories are simply a more granular version of the 2017-2026
hazard categories. As was discussed in section IV.B. of the proposed
rule, the 2024 OSHA HCS amendments: (1) replaced the hazard class
Flammable Aerosols with Aerosols and Chemicals Under Pressure; (2)
added the hazard class Desensitized Explosives; (3) includes pyrophoric
and chemically unstable gases within the definition of Flammable Gases;
and (4) removes pyrophoric gases from the definition of hazardous
chemical. In fact, there are now thirteen OSHA hazard categories which
appear on the 2024 complaint SDSs which do not appear on the 2012 SDSs.
Problematic for facilities in 2026, there will be twelve OSHA hazard
categories that do not fit into a 2017-2026 EPCRA hazard category, or
will cause confusion for the emergency planners and responders if
reported in a 2017-2026 hazard category (i.e., Aerosols--Categories 1,
2, and 3; Chemicals Under Pressure--Categories 1, 2, and 3; Flammable
Gases--Chemically Unstable Category 1A/A and 1A/B; Desensitized
Explosives--Categories 1, 2, 3, and 4). EPA also considered the
feasibility of modifying the OSHA hazard categories by using the OSHA
hazard classes to group hazards, consistent with the Agency's approach
for the 2017-2026 hazard categories. However, as was explained in
section IV.A. of the proposed rule, EPA has determined that using the
OSHA hazard classes as a method of grouping hazards may misstate the
hazard information and the related risks for communities, for example
the new OSHA hazard class for Aerosols, which clearly groups substances
with different hazards for first responders and communities 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. If EPA continues to rely on the OSHA
hazard classes for the EPCRA hazard categories, both non-refillable
fire extinguishers and highly flammable paints would be reported as the
same hazard despite not actually being the same hazard in an emergency.
Therefore use of the OSHA hazard classes (or mergers of hazard classes)
as the EPCRA hazard categories would be inconsistent with the statutory
provision that authorizes EPA to modify the categories of health and
physical hazards as set under the OSHA HCS, by requiring that the
information be reported in terms of groups of hazardous chemicals which
present similar hazards in an emergency [42 U.S.C. 11021(a)(2)(B) and
11022(d)(1)(C)(i)].
EPA disagrees with the commenter who posits that the OSHA hazard
categories create a false sense of accuracy and that the hazard
categories give the illusion that a more precise description implies
that something is truer. OSHA hazard categories use defined criteria to
compare the severity of the hazards in each hazard class [29 CFR
1910.1200(c) Hazard category]. While all of the chemicals in an OSHA
hazard class have similar properties, the hazard categories provide an
increased awareness of what the hazard truly is. For example, the OSHA
HCS hazard class Chemicals Under Pressure is divided into categories
with different severities: Category 1 is for the more flammable
chemicals under pressure which contain >=85% flammable components (by
mass) and have a heat of combustion >=20 kJ/g, while Category 3 is for
less flammable chemicals under pressure which contain <=1% flammable
components (by mass) and has a heat of combustion <20 kJ/g [29 CFR
1910.1200, appendix B.3.2]. Therefore, while these are both Chemicals
Under Pressure, Category 1 has more severe hazards than the other
categories in this class. The Agency finds that adopting this awareness
of hazard severity into the EPCRA regulations is important for
communities to better prioritize their emergency planning efforts to
first focus on the facilities posing the highest risks.
EPA is unable to accommodate the commenters requesting the
continued
[[Page 37028]]
use of the 2017-2026 EPCRA hazard categories nor is it able to revert
back to the 1987-2016 hazard categories for the reasons discussed above
in this section. Further, if EPA reinstated the EPCRA categories used
from 1987 through 2016, there would be fewer hazard categories, but
these categories would not be aligned with the OSHA hazard categories
on the SDSs. This misalignment would cause confusion and increase the
burden on reporting facilities by requiring mapping of the OSHA hazard
categories to the EPCRA hazard categories. Therefore, EPA is adopting
the OSHA hazard classes with their categories as the EPCRA hazard
categories, consistent with the statutory provisions that the EPCRA
hazard categories are to be the health and physical hazards as set
forth under the OSHA HCS [42 U.S.C. 11021(a)(2)(A)(i) and
11021(d)(1)(A)].
2. Hazard Awareness
Some commenters supported the action on the basis that
incorporation of the OSHA hazard classes with their categories
increases hazard awareness for emergency planners, first responders,
and communities. One of these commenters said that adopting the more
specific OSHA categories allows facilities to provide the most
specialized and relevant information to first responders, which is
vital to emergency planning. Similarly, another commenter representing
state and local entities said that the OSHA hazard categories provide a
much more detailed characterization of the threats posed by different
hazardous chemicals and this level of detail is often essential for
LEPC's planning needs. Other commenters criticized the more granular
hazard categories, indicating that the expanded hazard information is
of little value to emergency planners and first responders. One of
these commenters stated that first responders ``are by nature a
cautious breed'' for requesting the actual hazards presented by
chemicals in the EPCRA reports because the prospect of improved
precision is attractive to them, but the use of the information by
emergency planners and responders is disproportional to the facility
reporting burdens. Some adverse commenters also posited that since
planners and first responders can already request the SDSs from
facilities, and that because the SDS is the first responder's primary
resource during incidents, the adoption of the OSHA hazard categories
is unjustified.
EPA disagrees that the more granular hazard information is of
little value to emergency planners and first responders, and instead
agrees with the commenter representing the state and local emergency
planners and first responders who posits that the more specific hazard
category information will help ensure that our first-line emergency
responders are equipped with the information necessary to respond and
protect communities. It is correct that the statute provides the
authority for the LEPCs to request the SDS from each facility for each
chemical, year after year [42 U.S.C. 11021(c)]. However, the commenter
representing state and local emergency planners and responders observed
that forcing LEPCs to rely on their authority to request such
information from the facility delays delivery of the information
creates an additional hassle for both facility operators and LEPCs and
promotes conflict between them. The Agency agrees with this commenter
and anticipates that the SERCs, LEPCs, and fire departments will be
able to better prioritize their emergency planning efforts if they have
both the OSHA hazard class and category as reported on the SDS. The
Agency also anticipates that LEPCs will request fewer SDSs from
facilities, since they will now be able to focus their efforts on the
hazardous chemicals of concern for their communities by simply
reviewing the Tier II Form data.
3. Implementation Timeframe for Hazard Categories
In response to the proposed rule's compliance date of December 1,
2026, some commenters representing industry requested that the rule be
phased or delayed to align with the OSHA HCS compliance schedule and to
provide additional time for facilities to reclassify their hazards and
update their SDS inventory records based on the new definitions.
These extension requests to align with the OSHA HCS ranged from
stating that the implementation of the EPCRA hazard categories should
be aligned with the phased deadlines for the 2024 OSHA HCS to
requesting five years after the final compliance date in the OSHA HCS
for effectiveness of this final rule (i.e., the 2033 report due by
March 1, 2034). These commenters posited that the EPCRA compliance date
is impossible or would increase compliance risks because it is prior to
the final OSHA compliance date for manufacturers and importers to
update their SDSs for mixtures, and the compliance date would therefore
require facilities to self-classify their chemical hazards. The EPA
disagrees because the proposed rule did not and this final rule does
not modify the reporting requirements which are set by statute and have
been codified as regulation since October 15, 1987 [52 FR 38344], nor
do they venture into OSHA's jurisdiction to direct hazard
classifications.
The EPCRA hazard category modifications allow facilities that are
in possession of a 2024 OSHA HCS compliant SDS to use that SDS for
their statute required EPCRA section 312 annual reports. The relevancy
of the 2024 OSHA HCS compliance dates to this final rule is that in the
year 2026 facilities will have SDSs that will include twelve OSHA
hazard categories that are not reportable under a 2017-2026 EPCRA
hazard category, as discussed above in section III.A.1. and further
below in this section. The statute sets that the EPCRA section 311
reports are triggered by facilities having a new or revised SDS, and
that the section 312 report (which requires the hazard categories from
the SDSs) is due by March 1st each year for the previous calendar year,
this remains unchanged:
The EPCRA section 311 initial list is to be submitted
within three months after the owner or operator of a facility is
required to prepare or have available a SDS under the OSHA HCS [42
U.S.C. 11021(d)(1)(B)].
The EPCRA section 311 updated list is to be submitted
within three months following discovery by an owner or operator of
significant new information concerning an aspect of a hazardous
chemical for which a SDS was previously submitted [42 U.S.C.
11021(d)(2)].
The EPCRA section 312 annual report shall be submitted on
or before March 1st annually, and shall contain data with respect to
the preceding calendar year [42 U.S.C. 11022(a)(2)].
Further, EPA realizes that facilities which are also manufacturers,
importers, or distributors (who are modifying an SDS) have the OSHA
requirement to update the SDS by May 19, 2026, for substances [29 CFR
1910.1200(j)(2)(i)] and November 19, 2027, for mixtures [29 CFR
1910.1200(j)(3)(i)]. The date that these facilities comply with this
OSHA requirement is the date that these facilities have the new or
revised SDS for EPCRA sections 311 and 312 reporting requirements,
discussed immediately above in this section. The Agency finds that the
requests for extension to align with the OSHA HCS are unnecessary
because the proposed rule and this final rule are inherently aligned
with the OSHA HCS compliance dates. However, for another reason the
Agency is extending the compliance date of the rule to January 1, 2028
(see section III.A.5.), which is after the 2024
[[Page 37029]]
OSHA HCS compliance dates for these facilities to develop the SDSs for
substances and mixtures [29 CFR 1910.1200(j)(2)(i) and (j)(3)(i)].
EPA evaluated the feasibility of facilities using the 2024 OSHA
hazard categories as the EPCRA hazard categories during the transition
period to determine if the EPCRA compliance date is impossible or would
increase compliance risks. To start with, it is important to note that
there will be 2012 HCS compliant SDSs in use until all products
distributed with these SDSs are no longer in circulation, which could
be decades in some extreme cases, and that the EPCRA section 311 and
312 relevant 2024 OSHA HCS transition period ranges from May 20, 2024
until May 19, 2028 [29 CFR 1910.1200(j)(4)]. This means that the
transition period started May 20, 2024, and could last for many years
beyond the 2024 OSHA HCS compliance dates. Therefore, EPA must set the
hazard categories to be usable for both the 2012 HCS compliant SDS and
the 2024 HCS compliant SDS. Facilities do not need to have a 2024 OSHA
HCS compliant SDS to comply with this final rule.
Regarding the feasibility of using the 2024 OSHA hazard categories
during the transition period and until the 2012 OSHA HCS compliant SDSs
are removed from circulation. Of the 118 categories: 105 remain
unchanged as they appear on the SDS, 10 are new and will only appear on
the 2024 compliant SDSs, and three were renamed (i.e., Flammable
Aerosols--Category 1 = Aerosols--Category 1; Flammable Aerosols--
Category 2 = Aerosols--Category 2; and Pyrophoric Gas = Flammable
Gases--Pyrophoric Gas--Category 1A). These three renamed hazards are
the only hazards which will appear on the 2012 HCS compliant SDSs that
do not also appear on the 2024 compliant SDSs. There are thirteen
hazard categories which appear on the 2024 complaint SDSs which do not
appear on the 2012 SDSs and twelve of these are not reportable under
the current EPCRA hazard categories (based on OSHA classes), as
discussed above in section III.A.1. Below is a summary of the
evaluation of the reporting requirements for using the 2012 SDSs on the
new forms and using the 2024 SDSs on the old forms:
If a facility is using a 2012 compliant SDSs to report on
the revised EPCRA section 312 Tier II Form, the three renamed hazard
categories will require that facilities report according to a guidance
matrix which the EPA will publish with the final rule.
If a facility is using a 2024 compliant SDS to report on
the 2017-2026 form, thirteen hazard categories (i.e., the ten new
hazard categories and the three renamed hazard categories) will require
that facilities report these hazards as hazards not otherwise
classified due to a lack of other data entry options.
Additionally, one commenter asserted that the EPCRA rule
implementation should be delayed and aligned with the OSHA HCS
compliance schedule because the 2024 OSHA HCS imposes a new due
diligence for SDSs to include the evaluation of reasonably anticipated
downstream hazards. The EPA disagrees that this is a new requirement
for the OSHA HCS; in fact, the preamble to the OSHA final rule
discusses at length that this has been a long-standing requirement for
the SDSs to include these reasonably anticipated downstream hazards [89
FR 44278-44281; May 20, 2024]. Further, the contents of these intrinsic
properties into downstream hazards are now required to be entered in
section 2(c) of the SDS, which separates these intrinsic properties
into hazards due to either a chemical reaction or byproduct, and
hazards due to changes in physical form [see 29 CFR 1910.1200(d)(1)(i)
and (ii) and Appendix D to Sec. 1910.1200 Table D.1--Minimum
Information for an SDS]. Therefore, facilities have already been
reporting these hazards on the EPCRA reports, if the SDSs were
compliant with the OSHA HCS.
In summary, the Agency disagrees with the statements suggesting
that facilities should not be required to report using the new hazard
categories until after the OSHA HCS transition period or until five
years after this rule becomes effective. The Agency finds that the
requested extensions to conform to the OSHA compliance dates are
unnecessary and would only exacerbate the reporting burdens
(particularly for small facilities) which will be increased each year
this rule is delayed. Nonetheless, the EPA has considered options to
resolve these comments.
4. Alternative Reporting Requests
Some commenters suggested phasing in the use of the updated hazard
categories by allowing a dual reporting option, where facilities could
choose if they use the legacy or updated hazard categories. EPA
disagrees that this is a feasible option because this would require
either two sets of forms and therefore two sets of software systems, or
modification of the Tier II Form and software systems to allow for the
use of both sets of hazard categories. This would complicate reporting
and introduce unnecessary costs and delays in implementation. Further,
these burdens on the implementing agencies would be required at the
onset of the transition period, as well as at the end of the transition
period since the implementing agencies would need to modify their
custom softwares to allow for the new option and then again to remove
it. Therefore, the Agency finds that providing an option to use either
set of hazard categories would double to quadruple the costs for states
to update their custom software systems and would at least double the
implementing agencies' burdens for processing and management of the
data. Further, this option would also delay improving hazard awareness
while interjecting confusion for all parties involved. Therefore, the
Agency is not finalizing an option to allow facilities to choose if
they use the legacy or updated hazard categories during a transition
period.
In accordance with the intent of this comment, the EPA also
considered allowing reporting by only the OSHA hazard class during a
transition period and then the full hazard categorization after the
final SDS compliance date of the OSHA HCS. However, this option may
impose an undue burden for facilities (particularly for small
facilities) to re-enter their hazard classifications more times than
would be necessary since most of the hazard classifications remain
unchanged as they appear on the SDS. Finally, this option would also
delay improving hazard awareness. Therefore, the Agency is not
finalizing these options.
5. Delay Requests To Update Software, Training, and Guidance
Finally, some commenters requested extensions for the use of the
new hazard categories because of the need to update the EPA provided
Tier2 Submit software, training, and guidance; for facilities to update
their custom software systems; and for states to update their custom
software systems, guidance, and training materials. One of these
commenters requested that the Agency conduct outreach to the SERCs,
LEPCs, software vendors, and facilities no later than the July
preceding the affected reporting year. This commenter also stated that
the rule must be delayed because the Agency only provided a few weeks
for the updates of software systems. Another commenter stated that
timely access to the Tier2 Submit specifications and data
configurations is needed for facilities to ensure compatibility between
their chemical management software systems and the new reporting
structure. Another commenter representing industry stated that the rule
must be delayed because SERCs cannot update their electronic
[[Page 37030]]
reporting systems in time and facilities also need time to update their
internal electronic reporting systems. The Agency received one comment
representing the SERCs and LEPCs; this commenter fully supported the
now withdrawn direct final rule [52 FR 38344; November 17, 2025] which
provided 54 weeks for the updates to the software systems.
EPA agrees with these commenters that it is necessary to provide
adequate time for the update of software systems, guidance, and
training materials for the implementation of the new EPCRA hazard
categories. The Agency also agrees that timely access to the Tier II
Form and its data configurations is important to allow for updates to
commercial and private software. Further, the Agency agrees that it
should conduct outreach to the SERCs, LEPCs, commercial software
companies, and facilities. For compliance assistance, EPA publishes the
EPCRA section 312 inventory reporting forms, offers training and
educational materials, provides software programs for facilities to
report (i.e., Tier2 Submit) and for implementing agencies to manage
their inventory reports (i.e., CAMEO Data Manager), and posts the
National Tier II Data Standard \1\ for use in developing custom
software. The Agency has already provided the revised Tier I and Tier
II Forms in the docket with this final rule and will also publish these
forms on the EPA web page EPCRA Tier II Forms and Instructions.\2\ The
Agency is also updating its online training for the implementing
agencies, planners, and responders \3\; guidance for using the 2012
OSHA compliant SDSs for the new EPCRA reports; guidance clarifying the
statute's requirements to update the EPCRA section 311 reports and to
use the SDS for the section 312 reports as discussed above in this
section [42 U.S.C. 11021(d)(1)(B), 11021(d)(2), and 11022(a)(2)]; and
the National LEPC-TEPC Handbook,\4\ with the intent of also publishing
these updated materials. EPA intends to release the Tier2 Submit and
CAMEO Data Manager software programs on the normal schedule (i.e.,
November of each year), which has historically been an adequate amount
of time to incorporate state specific requirements into the software
program and is also in accordance with the time provided in the 2016
direct final rule which conformed the EPCRA hazard categories to the
2012 OSHA HCS [52 FR 38344]. Additionally, to provide access to the
Tier2 Submit specifications and data configurations, EPA also intends
to post the revised National Tier II Data Standard in a timely manner
for states and facilities to use in developing any custom softwares
they choose to use. EPA will work to minimize the confusion between the
2026 and 2027 reporting year requirements, while also ensuring that
there is adequate time to update the software systems. EPA will publish
these updated resources and tools on its website and will distribute
the notifications of their release to the SERCs who have provided their
contact information to the EPA,\5\ the National Association of SARA
Title III Program Officials (NASTTPO), the National Fire Protection
Association (NFPA), the National Volunteer Fire Association (NVFA), E-
Plan, Hazconnect, and VelocityEHS. Anyone else requesting distribution
notices may contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
EPA agrees that it is necessary to provide adequate time for the
update of software systems. However, the Agency disagrees with the
commenter requesting an extension because the Agency only provided a
few weeks for the updates of software systems, because the now
withdrawn direct final rule [52 FR 38344] would have provided over one
year (i.e., 54 weeks) to make these updates. Based on the comment
representing SERCs and LEPCs and the amount of time necessary to update
Tier2 Submit and CAMEO Data Manager, one year is an adequate amount of
time to update the commercial and custom softwares to include the new
hazard categories. However, to ensure that sufficient time is provided,
EPA is providing a thirteen-month extension to the proposed rule's
compliance date, or seventeen months after publication of the final
rule (Proposed--December 1, 2027; Final Rule--January 1, 2028). SERCs
who are unable to update their custom software are invited to use the
EPA provided software (i.e., Tier 2 Submit and CAMEO Data Manager).
6. Revised Hazard Categories
In sum, for the reasons laid out above, EPA is finalizing revised
hazard categories as proposed, with one exception as detailed below.
The following tables detail and compare the legacy 2017-2026 EPCRA
hazard categories (adopted in 2016) to the 2024 OSHA HCS hazard classes
with their hazard categories that are being adopted in this final rule.
This table is amended from the one published in the now withdrawn
direct final rule [91 FR 918] and proposed rule [90 FR 51266] to expand
the Acute Toxicity, Inhalation hazard category to include specific
hazard categories for vapors, gases, and dusts and mists, and to
correct that the hazard category Oxidizing Gases is Oxidizing Gases--
Category 1. These changes were made to conform with the most recent
version of 29 CFR 1910.1200. EPA also engaged in discussions with OSHA
in finalizing this rule.
EPCRA Health Hazard Categories
----------------------------------------------------------------------------------------------------------------
2024 OSHA HCS (OSHA hazard class-- Notes about proposed changes to
Adopted in 2016 OHSA hazard category) EPCRA hazard categories
----------------------------------------------------------------------------------------------------------------
Acute Toxicity (any route of exposure) Acute Toxicity, Oral--Category 1... Including the OSHA classes
Acute Toxicity, Oral--Category 2... and categories for these health
Acute Toxicity, Oral--Category 3... hazards from appendix A.1 to
Acute Toxicity, Oral--Category 4... create twenty EPCRA hazard
categories.
Acute Toxicity, Dermal--Category 1.
Acute Toxicity, Dermal--Category 2.
Acute Toxicity, Dermal--Category 3.
Acute Toxicity, Dermal--Category 4.
Inhalation--Dusts and Mists--
Category 1.
Inhalation--Dusts and Mists--
Category 2..
Inhalation--Dusts and Mists--
Category 3..
Inhalation--Dusts and Mists--
Category 4..
[[Page 37031]]
Inhalation--Gases--Category 1......
Inhalation--Gases--Category 2......
Inhalation--Gases--Category 3......
Inhalation--Gases--Category 4......
Inhalation--Vapors--Category 1.....
Inhalation--Vapors--Category 2.....
Inhalation--Vapors--Category 3.....
Inhalation--Vapors--Category 4.....
Aspiration Hazard..................... Aspiration Hazard--Category 1...... No changes
Carcinogenicity....................... Carcinogenicity--Category 1........ Including the OSHA
Carcinogenicity--Sub-Category 1A... categories for this hazard class
Carcinogenicity--Sub-Category 1B... from appendix A.6 to create four
Carcinogenicity--Category 2........ EPCRA hazard categories.
Germ Cell Mutagenicity................ Germ Cell Mutagenicity--Category 1. Including the OSHA
Germ Cell Mutagenicity--Sub- categories for this hazard class
Category 1A.. from appendix A.5 to create four
Germ Cell Mutagenicity--Sub- EPCRA hazard categories.
Category 1B..
Germ Cell Mutagenicity--Category 2.
Reproductive Toxicity................. Reproductive Toxicity--Category 1.. Including the OSHA
Reproductive Toxicity--Sub-Category categories for this hazard class
1A.. from appendix A.7 to create five
Reproductive Toxicity--Sub-Category EPCRA hazard categories.
1B..
Reproductive Toxicity--Category 2..
Reproductive Toxicity--Effects on
or via lactation..
Respiratory or Skin Sensitization..... Respiratory Sensitizer--Category 1. Including the OSHA classes
Respiratory Sensitizer--Sub- and categories for these health
Category 1A.. hazards from appendix A.4 to
Respiratory Sensitizer--Sub- create six EPCRA hazard
Category 1B.. categories.
Skin Sensitizer--Category 1........
Skin Sensitizer--Sub-Category 1A...
Skin Sensitizer--Sub-Category 1B...
Serious Eye Damage or Eye Irritation.. Serious Eye Damage--Category 1..... Including the OSHA
Eye Irritation--Category 2......... categories for this hazard class
Eye Irritation--Sub-Category 2A.... from appendix A.3 to create four
Eye Irritation--Sub-Category 2B.... EPCRA hazard categories.
Simple Asphyxiant..................... Simple Asphyxiant.................. No changes
Skin Corrosion or Irritation.......... Skin Corrosion--Category 1......... Including the OSHA classes
Skin Corrosion--Sub-Category 1A.... and categories for these health
Skin Corrosion--Sub-Category 1B.... hazards from appendix A.2 to
Skin Corrosion--Sub-Category 1C.... create five EPCRA hazard
Skin Irritation--Category 2........ categories.
Specific Target Organ Toxicity (Single Specific Target Organ Toxicity Separating the ``single''
or Repeated Exposure). Single Exposure--Category 1. and ``repeated or prolonged''
Specific Target Organ Toxicity hazard classes
Single Exposure--Category 2..
Specific Target Organ Toxicity
Single Exposure--Category 3..
Specific Target Organ Toxicity Including the OSHA classes
Repeated or Prolonged Exposure-- and categories for these health
Category 1. hazards from appendices A.8 and
Specific Target Organ Toxicity A.9 to create five EPCRA hazard
Repeated or Prolonged Exposure-- categories.
Category 2..
Hazard Not Otherwise Classified (HNOC) Hazard Not Otherwise Classified No changes
(HNOC).
----------------------------------------------------------------------------------------------------------------
EPCRA Physical Hazard Categories
----------------------------------------------------------------------------------------------------------------
Proposed in this action to conform
Adopted in 2016 with the 2024 OSHA HCS (OSHA Notes about proposed changes to
hazard class--OSHA hazard category) EPCRA hazard categories
----------------------------------------------------------------------------------------------------------------
Flammable (gases, aerosols, liquids or Aerosols--Category 1............... Aerosols are no longer
solids). Aerosols--Category 2............... reported under the flammable
Aerosols--Category 3............... hazard category, they are now in
the Aerosols hazard class.
Chemicals Under Pressure--Category Aerosols and Chemicals
1. Under Pressure hazard classes now
Chemicals Under Pressure--Category include flammable (Categories 1 &
2.. 2) and non-flammable hazards
Chemicals Under Pressure--Category (Category 3).
3..
[[Page 37032]]
Flammable Gases--Category 1A....... Pyrophoric gases are no longer an
Flammable Gases--Category 1B....... independent hazard class and are
Flammable Gases--Category 2........ included in the flammable gases
Flammable Gases--Chemically hazard category. Report under the
Unstable Gas--Category 1A/A.. Flammable Gases--Pyrophoric Gas
Flammable Gases--Chemically hazard category.
Unstable Gas--Category 1A/B..
Flammable Gases--Pyrophoric Gas--
Category 1A..
Flammable Liquids--Category 1...... Chemically unstable gases
Flammable Liquids--Category 2...... (Categories A & B) are now
Flammable Liquids--Category 3...... included within the OSHA HCS
Flammable Liquids--Category 4...... flammable gases hazard category.
Report under the appropriate
Flammable Gases--Chemically
Unstable Gas hazard category.
Separating the OSHA
``flammable'' hazard classes.
Flammable Solids--Category 1....... Including the OSHA
Flammable Solids--Category 2....... category for this physical hazard
class 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 hazard class and
Desensitized Explosives--Category categories. Formerly reported
2.. under Explosives hazard class.
Desensitized Explosives--Category Including the OSHA
3.. categories for this physical
Desensitized Explosives--Category hazard from appendix B.17 to
4.. create four EPCRA hazard
categories.
Explosives............................ Explosives--Unstable............... Desensitized explosives
Explosives--Division 1.1........... are no longer categorized as
Explosives--Division 1.2........... explosives they are now in the
Explosives--Division 1.3........... desensitized explosives hazard
Explosives--Division 1.4........... class.
Explosives--Division 1.5........... Including the OSHA
Explosives--Division 1.6........... categories for this physical
hazard from appendix B.1 to create
seven EPCRA hazard categories.
Gases Under Pressure (compressed gas). Gas Under Pressure--Compressed Gas. Including the OSHA
Gas Under Pressure--Dissolved Gas.. categories for this physical
Gas Under Pressure--Liquefied Gas.. hazard from appendix B.5 to create
Gas Under Pressure--Refrigerated four EPCRA hazard categories.
liquefied gas..
In Contact With Water, Emits Flammable In Contact With Water Emits Including the OSHA
Gases. Flammable Gases--Category 1. categories for this physical
In Contact With Water Emits hazard from appendix B.12 to
Flammable Gases--Category 2.. create three EPCRA hazard
In Contact With Water Emits categories.
Flammable Gases--Category 3..
Organic Peroxides..................... Organic Peroxides--Type A.......... Including the OSHA
Organic Peroxides--Type B.......... categories for this physical
Organic Peroxides--Type C.......... hazard from appendix B.15 to
Organic Peroxides--Type D.......... create seven EPCRA hazard
Organic Peroxides--Type E.......... categories.
Organic Peroxides--Type F..........
Organic Peroxides--Type G..........
Oxidizer (liquid, solid, or gas)...... Oxidizing Gases--Category 1........ Separating the OSHA
oxidizing hazard classes
Oxidizing Liquids--Category 1...... Including the OSHA
Oxidizing Liquids--Category 2...... categories for this physical
Oxidizing Liquids--Category 3...... hazard from appendices B.4, B.13,
and B14 to create seven EPCRA
hazard categories.
Oxidizing Solids--Category 1.......
Oxidizing Solids--Category 2.......
Oxidizing Solids--Category 3.......
Pyrophoric Gas........................ N/A: Not a hazard class in 2024 No longer an independent
OSHA HCS. hazard class. Report under
Flammable Gas.
Pyrophoric (liquid or solid).......... Pyrophoric Liquids--Category 1..... Separating the OSHA
Pyrophoric Solids--Category 1...... 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 the OSHA
Self-Heating Chemicals--Category 2. categories for this physical
hazard from appendix B.11 to
create two EPCRA hazard
categories.
[[Page 37033]]
Self-Reactive Chemicals............... Self-Reactive Chemicals--Type A.... Including the OSHA
Self-Reactive Chemicals--Type B.... categories for this physical
Self-Reactive Chemicals--Type C.... hazard from appendix B.8 to create
Self-Reactive Chemicals--Type D.... seven EPCRA hazard categories.
Self-Reactive Chemicals--Type E....
Self-Reactive Chemicals--Type F....
Self-Reactive Chemicals--Type G....
Hazard Not Otherwise Classified (HNOC) Hazard Not Otherwise Classified No changes
(HNOC).
----------------------------------------------------------------------------------------------------------------
B. Definitions
1. Hazard Category
EPA received one supporting comment regarding the definition for
hazard category, including health hazard and physical hazard. In this
action, the Agency is finalizing the proposed definition with revisions
to add Hazards Not Otherwise Classified within the primary EPCRA
definition of Hazard category and within the sub-definitions of Health
hazard and Physical hazard to clarify that Hazards Not Otherwise
Classified are EPCRA sections 311 and 312 hazard categories and for
consistency with the OSHA HCS. This change was made in accordance with
29 CFR 1910.1200 resultant of discussions with OSHA during interagency
collaboration for this final rule. The following table compares the
definition for Hazard category, including Health hazard and Physical
hazard, between the 2016 EPCRA regulation and this final action, with
the differences in bold.
------------------------------------------------------------------------
2016 regulation [81 FR 38104] EPCRA Adopting in this action EPCRA
sections 311-312 42 U.S.C. 11021- sections 311-312 42 U.S.C. 11021-
11022 40 CFR 370.66 11022 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
(1) Health hazard means a chemical categories or hazards not
which poses one of the following otherwise classified as are
hazardous effects: reported in Section 2 of SDSs in
Carcinogenicity; acute toxicity accordance with 29 CFR 1910.1200.
(any route of exposure); Hazard categories are divided by
aspiration hazard; reproductive hazard class into health and
toxicity; germ cell mutagenicity; physical hazards:
skin corrosion or irritation; (1) Health hazard means a chemical
respiratory or skin sensitization; that is classified into one of the
serious eye damage or eye following hazard classes or
irritation; specific target organ hazards not otherwise classified:
toxicity (single or repeated acute toxicity (oral, dermal, or
exposure); simple asphyxiant; and inhalation); aspiration hazard;
hazard not otherwise classified carcinogenicity; germ cell
(HNOC).. mutagenicity; reproductive
(2) Physical hazard means a toxicity; respiratory sensitizer;
chemical which poses one of the skin sensitizer; serious eye
following hazardous effects: damage/eye irritation; simple
Flammable (gases, aerosols, asphyxiant; skin corrosion or
liquids or solids); gas under irritation; specific target organ
pressure; explosive; self-heating; toxicity (single exposure) or
pyrophoric (liquid or solid); (repeated or prolonged exposure);
pyrophoric gas; oxidizer (liquid, and hazard not otherwise
solid or gas); organic peroxide; classified (HNOC).
self-reactive; in contact with (2) Physical hazard means a
water emits flammable gas; chemical that is classified into
combustible dust; corrosive to one of the following hazard
metal; and hazard not otherwise classes or hazards not otherwise
classified (HNOC).. classified: 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.
------------------------------------------------------------------------
2. (Material) Safety Data Sheet
EPA received one comment supporting removal of the term Material
Safety Data Sheet (MSDS). No other comments were received for this
definition. Therefore, the Agency is finalizing the definition as
proposed. The following table provides the current and revised
definition of Safety Data Sheet, which are being moved from 40 CFR
370.66 to Sec. 370.3 in this final action, with the modified language
in bold.
------------------------------------------------------------------------
2016 regulation [81 FR 38104] EPCRA Adopting in this action EPCRA
sections 311-312 42 U.S.C. 11021- sections 311-312 42 U.S.C. 11021-
11022 40 CFR 370.66 11022 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)].
------------------------------------------------------------------------
[[Page 37034]]
3. Combustible Dust
No comments were received regarding the 2024 OSHA 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.
4. Location of Definitions in 40 CFR Part 370
No comments were received regarding moving the definitions for this
part from Sec. Sec. 370.66 to 370.3, amending the title of Sec. 370.3
to be Definitions, amending the title of Sec. 370.66 to be [Reserved],
or adding a note to Sec. 370.66 that the definitions are now in Sec.
370.3. However, the Federal Register advised EPA that it is unable to
add a note to reserved sections. Therefore, the Agency is finalizing
these provisions as proposed, except that the note to Sec. 370.66 is
being excluded.
C. Other Revisions to 40 CFR Part 370
No comments were received for these proposed provisions. Therefore,
the Agency is finalizing these amendments as proposed.
D. Burdens, Economics, and the Regulatory Process
One commenter requested that the rule be delayed until EPA has
completed the Paperwork Reduction Act (PRA) and Unfunded Mandates
Reform Act (UMRA) analyses and OMB review. Specifically, this commenter
stated that EPA should update its ICR burden estimate, publish UMRA and
RFA analyses assessing these expenditures, and seem E.O. 12866 review.
EPA completed the PRA, UMRA, and OMB reviews as required. The ICR
burden estimate was sufficient and will be considered as part of the
revisions ICR that was submitted for OMB approval. See sections IV.A.,
C., D., and E. for further information.
A couple of commenters stated that the rule did not address the
burden affiliated with updating custom software systems, guidance, and
training materials. One of these commenters (representing industry)
stated that the rule did not recognize the costs and burdens needed to
provide additional time for states to update their custom software,
training, and guidance. However, the Agency also received supporting
comments from the state and local implementing agencies (via their
association) which did not raise concerns about the costs or burdens of
the rule. The EPA disagrees that it must include the state and facility
costs for updating their custom software or for states to update
guidance and training materials. Facilities and implementing agencies
that develop custom tools may do so by choice, but this is not an
obligation imposed by the rule. For compliance assistance, EPA
publishes the EPCRA section 312 inventory reporting forms, offers
training and educational materials, and provides software for
facilities to report (i.e., Tier2 Submit) and for implementing agencies
to manage their inventory reports (i.e., CAMEO Data Manager). See
section III.A.5. above for further discussion.
E. Summary of revisions to 40 CFR Part 370
On November 17, 2025, EPA published the now withdrawn direct final
rule [90 FR 51187] and the parallel proposed rule [90 FR 51266]. On
January 9, 2026, due to the receipt of adverse comment, EPA withdrew
the direct final rule [91 FR 918]. Because the direct final rule did
not become effective, the Agency is proceeding with a final rule based
on the proposed rule. The following is a list of amendments being
finalized in this action:
----------------------------------------------------------------------------------------------------------------
Citations List of proposed amendments
----------------------------------------------------------------------------------------------------------------
40 CFR 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
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
[[Page 37035]]
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
-- Removal 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
-- Removal 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.................................. -- Removal 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 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 for 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
----------------------------------------------------------------------------------------------------------------
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 an Executive Order 14192 deregulatory
action. As described in EPA's Regulatory Impact Analysis for this
action, the annualized cost savings of the final rule is estimated to
be $12.83 million, expressed in 2025 dollars. For compliance with E.O.
14192, this value is converted into 2024 dollars using the Bureau of
Economic Analysis' GDP Price Deflator, resulting in annualized cost
savings of $12.47 million expressed in 2024 dollars (annualized using
7% discount rate and end-of-period discounting). Further, in compliance
with E.O. 14192, the 2024-denominated annualized cost savings is
discounted over a perpetual time horizon relative to a present value
year of 2024 at a 7 percent discount rate. For regulatory accounting
purposes under E.O. 14192, the estimated present value and annualized
value of cost savings of this rule are $155.65 and $10.90 million,
respectively (7% discount rate, 2024$, 2024 present value year,
perpetuity time horizon). Details on the estimated cost savings of this
final rule can be found in EPA's analysis of the potential costs and
benefits associated with this action.
C. Paperwork Reduction Act (PRA)
The information collection activities in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the PRA. The ICR document that the EPA prepared has been assigned
EPA ICR number 1352.20. You can find a copy of the ICR in the docket
for this rule and it is briefly summarized here. 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 is
anticipated to 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. Public comments were previously requested
in the proposed rule [90 FR 51266; November 17, 2025] for this final
action. These comments are addressed above in section III.D.
Respondents/affected entities: Entities potentially affected by
this ICR are manufacturers and non-manufacturers required to have
available a Safety Data Sheet (SDS) under the OSHA HCS.
Respondent's obligation to respond: Mandatory (sections 311 and 312
of EPCRA).
Estimated number of respondents: 465,692 facilities (total). This
figure includes 3,052 LEPCs and SERCs.
Frequency of response: Annual.
Total estimated burden: 6,781,748 hours (per year, including LEPCs
and SERCs). Burden is defined at 5 CFR 1320.03(b)
Total estimated cost: $511,621,168 (per year), includes $2,007,713
annualized capital or operation & maintenance costs.
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 relieves regulatory burden on the small entities
subject to
[[Page 37036]]
the rule. This action is modifying the hazard categories used for the
existing reporting requirements by directly incorporating the OSHA
hazard categories as the EPCRA hazard categories which will streamline
reporting, reduce the time burden for completing the reports, reduce
confusion between Federal and international chemical hazard
classifications, and allow direct data transfer from the OSHA HCS
required SDSs to the EPCRA hazardous chemical inventory forms. We have
therefore concluded that this action will relieve 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
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. Therefore, this action is not subject to Executive
Order 13045 because it does not concern an environmental health risk or
safety risk. Since this action does not concern human health, EPA's
Policy on Children's Health also does not apply.
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 proposed 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. National Tier II Data Standard: https://cameo.noaa.gov/epcra_tier2/data_standard/v1/.
2. EPCRA Tier II Forms and Instructions: https://www.epa.gov/epcra/tier-ii-forms-and-instructions.
3. Online training for the implementing agencies, planners, and
responders: https://www.epa.gov/epcra/epcra-non-section-313-online-training-states-tribes-lepcs-local-planners-and-responders.
4. National LEPC-TEPC Handbook: https://www.epa.gov/epcra/national-lepc-tepc-handbook.
5. SERC Contact Information: https://www.epa.gov/epcra/state-emergency-response-commissions-contacts and https://www.epa.gov/epcra/state-tier-ii-reporting-requirements-and-procedures.
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 as follows:
0
1. Revise and republish part 370 to read 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
requested 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).
[[Page 37037]]
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 or hazards not otherwise classified
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 or hazards not otherwise classified: 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 (HNOC).
(2) Physical hazard means a chemical that is classified into one of
the following hazard classes or hazards not otherwise classified:
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 (HNOC).
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 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 Sec. Sec.
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
[[Page 37038]]
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. (77 FR 17693; March 26, 2012)
(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).
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:
[[Page 37039]]
Table 1 to Paragraph (a)
------------------------------------------------------------------------
To determine if the If the threshold
threshold level for level for that
If your mixture contains a that hazardous hazardous chemical
hazardous chemical chemical is equaled is exceeded, then
or exceeded you must you must
------------------------------------------------------------------------
(1) That is an EHS.......... Determine the total Report the EHS
quantity of the EHS component:
present throughout Submit an SDS for
your facility at the EHS as provided
any one time, by under Sec. 370.30
adding together the or include the EHS
quantities present on the list of
as a component in chemicals submitted
all mixtures and in lieu of the SDS.
all other And submit Tier I or
quantities of the Tier II information
EHS. for the EHS as
You must include the provided under Sec.
quantity present in 370.40.
a mixture even if Or
you are also
counting the
quantity of that
particular mixture
toward the
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
The total quantity non[dash]EHS
of the hazardous hazardous chemical
chemical present component:
throughout your Submit an SDS for
facility at any one the non[dash]EHS
time by adding hazardous chemical
together the as provided under
quantity present as Sec. 370.30 or
a component in all include the
mixtures and all non[dash]EHS on the
other quantities of list of chemicals
the hazardous submitted in lieu
chemical. of the SDS.
You must include the And submit Tier I or
quantity present in Tier II information
a mixture even if for the
you are also non[dash]EHS
applying that hazardous chemical
particular mixture as provided under
as a whole toward Sec. 370.40.
the threshold level Or
for that mixture.
Or..................
The total quantity Report the mixture
of that mixture itself:
present throughout Submit an SDS for
your facility at 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 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).
[[Page 37040]]
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 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 2 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.
[[Page 37041]]
(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 2 to paragraph (o). EPCRA section 303(d)(1) of EPCRA
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 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 3 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.
[[Page 37042]]
(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 4 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 5 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 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
[[Page 37043]]
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
requested 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. 2026-12426 Filed 6-18-26; 8:45 am]
BILLING CODE 6560-50-P