For those who deal with emergency planning and response know all too well about EPCRA’s Tier Sheets, most notably Tier II sheets that facilities submit annually so as to inform the emergency response community of their hazardous materials and extremely hazardous substances on site. These Tier sheets have been around since 1986 and are still a staple item for Fire Departments to understand the hazards they may face from fixed facilities within their jurisdiction. In the past 15 years or so we have seen a lot of activity around Combustible Dusts, with the most recent being OSHA’s Globally Harmonized Hazcom standard and how Com Dust hazards have to be communicated to workers. Now, EPA is getting on board and helping those emergency responders who may find themselves exposed to these Com Dust Hazards during an emergency response; but food and food additives under FDA regulations get a pass. Here is what EPA says:
Is combustible food dust subject to reporting under Sections 311 and 312?
The definition of hazardous chemical under OSHA HCS includes “combustible dusts”. So, if the facility accumulates 10,000 lbs of dusts at any one time, IT IS REPORTABLE under Sections 311 and 312.
Facilities may want to consult FDA regulations to determine if certain food dusts would be covered under their regulations as food or food additive. If FDA regulates such substances as food or food additive, then that amount would NOT be subject to reporting under EPCRA Sections 311 and 312.
Here is the link to OSHA’s website regarding information on Combustible dusts:
https://www.osha.gov/dsg/combustibledust/index.html
https://www.osha.gov/Publications/combustibledustposter.pdf