The U.S. Environmental Protection Agency’s (EPA) premier chemical right-to-know reporting regulation is about to catch up its Occupational Safety and Health Administration (OSHA) counterpart.
 |
The EPA has revised the hazard categories facilities use when reporting their hazardous chemicals as required by the Emergency Planning and Community Right-to-Know Act (EPCRA). Specifically, the EPA is replacing the existing five hazard categories facilities use for reporting under EPCRA Sections 311 (list reporting) and 312 (chemical inventory form reporting) with each specific hazard listed in OSHA’s Hazard Communication Standard (HCS), which was revised effective 2012 to conform to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).
Why GHS?
Before the adoption of the GHS, OSHA’s HCS was performance-oriented. It established requirements for hazard communication but did not provide specific language nor a format to convey information to the users of the chemicals. This meant that chemical producers were able to use whatever language or format they chose to provide the necessary information. With the adoption of GHS provisions, OSHA’s HCS 2012 final rule established consistent and standardized hazard communication to the users of the chemicals, to anyone exposed to the chemicals, and to emergency responders.
The regulated community requested that the EPA make the change because it would allow information required under the HCS to be simply copied onto the Section 311 and Section 312 forms to comply with EPA’s EPCRA requirements.
Section 311
Under EPCRA Section 311, facilities that are required by OSHA to maintain safety data sheets (SDSs) for any hazardous chemicals stored or used in the workplace must, for any chemicals above certain threshold quantities, submit either copies of the SDSs or a list of these chemicals to local authorities within 3 months after they become covered. Facilities must provide a revised SDS to update the original or list if significant new information is discovered about the hazardous chemical.
Section 312
Under EPCRA Section 312, facilities covered by Section 311 must submit an annual Emergency and Hazardous Chemical Inventory Form (called Tier II) to local authorities. Many states require the Tier II inventory form or the state equivalent, including electronic reporting under state law. The inventory must be submitted on or before March 1 each year for information on chemicals present at the facility in the previous calendar year.
What Are the Changes?
The EPA is replacing the existing five hazard categories (fire, sudden release of pressure, reactive, immediate (acute) health hazard, and delayed (chronic) health hazard) in 40 CFR 370 with each specific hazard class listed in the revised OSHA HCS as well as the four hazards that GHS did not address (simple asphyxiant, combustible dust, pyrophoric gas, and hazard not otherwise classified (HNOC)).
The following table lists the physical and health hazards that the EPA is adopting from the revised HCS.
| Physical Hazards | Health Hazards |
| Flammable (gases, aerosols, liquids, or solids) | Carcinogenicity |
| Gas under pressure | Acute toxicity (any route of exposure)
|
| Explosive | Reproductive toxicity |
| Self-heating | Skin corrosion or irritation |
| Pyrophoric (liquid or solid) | Respiratory or skin sensitization
|
| Oxidizer (liquid, solid, or gas) | Serious eye damage or eye irritation
|
| Organic peroxide | Specific target organ toxicity (single or repeated exposure) |
| Self-reactive | Aspiration hazard |
| Pyrophoric (gas) | Germ cell mutagenicity |
| Corrosive to metal | Simple asphyxiant |
| In contact with water emits flammable gas | Hazard not otherwise classified (HNOC)
|
| Combustible dust
|
|
| Hazard not otherwise classified (HNOC)
|
When?
Although the amendments were effective when published in the Federal Register on June 13, 2016, the compliance date is January 1, 2018. So facilities that are required to submit Tier II form must submit the revised form by March 1, 2018, for applicable chemicals present at the facility in 2017.
The EPA will be modifying Tier2 Submit, the software developed for reporting under Section 312, to include the new physical and health hazards as well as the four specifically listed hazards that the EPA adopted from OSHA’s revised HCS. For states that have their own reporting software for Section 312, the EPA is providing flexibility to allow states to modify their software by January 1, 2018.
Check Enviro.BLR.com for all your EPCRA reporting compliance needs.