In 2016 EPA revised some of the EPCRA reporting requirements based on OSHA’s revision of their Hazardous Communications Standard (now called the GHS). This revision involved the hazard categories in the regulations at 40 CFR part 370 for reporting under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA). On March 26th, 2012, OSHA revised its Hazard Communication Standard (HCS) by adopting the United Nations Globally Harmonization System of Classification and Labeling of Chemicals (GHS). The changes to OSHA’s HCS affect the reporting requirements under Sections 311 and 312 of EPCRA. As such:
- U.S. EPA has incorporated these changes to the physical and health hazard classification categories in the reporting requirements under Sections 311 and 312 of EPCRA active on Jan. 1, 2018 and cover inventory reports from the calendar year 2017.
- U.S. EPA is amending its hazard categories (from five to 24 categories) for reporting under EPCRA due to these changes. These changes will require an update to both the physical and health hazard categories for all of the chemicals reported at each facility for which submit an annual chemical inventory report to the SERC, LEPC and fire department.
- The fact sheet (https://www.epa.gov/epcra/fact-sheet-hazardous-chemical-reporting-community-right-know-revisionshazard-categories-and) describes the hazard classification information your facility will need to identify for Reporting Year 2017. The information required for the revised report can be obtained from Section 2 of the chemical’s Safety Data Sheet (SDS).
- The Tier 2 Submit software and all paper version of the reporting will be amended to reflect this change.
- Because substantial changes are being made to the report requirements, use of previous years’ versions of the Tier II Chemical Inventory Report forms will NOT be accepted for the March 1, 2018 filing. Facilities will be required to download the new forms or use the electronic software for reports submitted in 2018.
The classification of chemicals that OSHA adopted from GHS affect the reporting requirements under EPCRA Sections 311 and 312. As stated in the statute, facilities are required to report the quantities, locations, and the potential hazards of the chemicals to the SERC (or TERC), LEPC (or TEPC) and the local fire department. Therefore, EPA is revising the existing hazard categories in 40 CFR part 370 to conform to the hazard classes in the revised OSHA HCS.
Although the physical and health hazards in OSHA HCS before the 2012 revisions are the same as the revised hazards, the descriptions of each hazard are more detailed. See tables below for descriptions of physical and health hazard classes before and after adopting GHS provisions.
