Seems like I get to be the messenger once again this month in how a change at one agency MAY impact yet again our compliance with another agency. Last week I reminded the SAFTENG family about how a 2010 change in OR-OSHA impacted some facilities RMPs. This week I have discovered that a change in OSHA’s HAZCOM standard (1910.1200) MAY impact our efforts to comply with EPA rules, specifically Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA). Basically, EPA is reminding us that we NOT ONLY have to update our plant’s MSDS files, but that we will ALSO HAVE to update our files of MSDS or a list containing all hazardous chemicals to our State Emergency Response Commission (SERC), local emergency planning committee (LEPC) and our local fire department(s) if the reporting thresholds specified in 40 CFR part 370 are met. Here is more from EPA’s Fact Sheet released this month…
How do changes to HCS affect Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA)?
Certain provisions of EPCRA sections 311 and 312 and the implementing regulations may be affected due to the revisions in HCS, mainly the requirement for submitting material safety data sheet (MSDS) under section 311. The reporting requirements under EPCRA section 311(a) and its implementing regulations codified in 40 CFR part 370 apply to the owner and operator of a facility required to prepare or have available an MSDS under OSHA HCS for any hazardous chemical. The owner or operator of the facility must submit the MSDS or a list containing all hazardous chemicals to their State Emergency Response Commission (SERC), local emergency planning committee (LEPC) and the local fire department if the reporting thresholds specified in 40 CFR part 370 are met. Section 311(d)(2) of EPCRA requires an owner or operator to submit a revised MSDS to the SERC, LEPC and the local fire department within 3 months of finding significant new information about the hazardous chemical for which an MSDS was previously submitted.
However, states were always given the flexibility to implement EPCRA as needed to meet the goals of EPCRA in their communities. Each state may have specific requirements for submitting information under sections 311 and 312, including electronic reporting. Facilities are encouraged to contact their states regarding the submission of revised SDSs.
Click Here to download the EPA file (pdf).