Under EPCRA, facilities covered by OSHA’s MSDS requirements are also responsible for following EPA’s MSDS reporting requirements.
MSDSs are considered part of pesticide labeling under FIFRA. Special EPA hazard statements must be placed on product labels, but there is no such requirement for revising MSDSs to include such statements.
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A facility owner or operator that has more than a threshold quantity of a regulated substance in a process that is considered to be extremely hazardous or inherently dangerous can use MSDSs in lieu of the written safety information if the MSDSs include information required by OSHA rules and certain other information.
The content of an MSDS for a substance under EPA‘s HazCom rules are similar to OSHA‘s content requirements (29 CFR 1910.1200(g)), with additional requirements related to off-site human and environmental factors.
Anyone who manufactures, processes, sells, or otherwise distributes a toxic chemical, or operates under standard industrial classification Codes 20 through 39, must include a notice with the chemical stating that the mixture or trade name product contains a toxic chemical or chemicals subject to the reporting requirements of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986.
Trade Secret Claims
Trade secret exemptions may also be requested from EPA; the claimant should submit to EPA an explanation of why the information is a trade secret.