Section 311 requires a MSDS/SDS list within 90 days when:
- An existing chemical exceeds reporting threshold.
- An acquisition of a new chemical that exceeds reporting threshold.
- Manufacturer changes the MSDS/SDS.
The SERC prefers the MSDS/SDS information on the
311 form. Full copies of the MSDS/SDS are not required.
If you have chemicals on site above 10,000 pounds at any one time, you need to report them. For Extremely Hazardous Substances (EHSs), the reportable amount can be as low as 100 pounds. Check the List of Lists to find the reporting threshold for the EHSs.
Note: Some facilities voluntarily report chemicals that are below thresholds and we record that information.
See our publication Emergency Planning & Community Right-to-Know - SARA Title III: A Guide for Businesses.
The information required on the Tier Two includes:
- Facility identification number.
- Chemical name.
- Physical/health hazards.
- Actual quantities stored on site.
- Storage and location descriptions.
Reports for the previous calendar year are due annually by March 1.
Section 312 requires facilities submit an Emergency & Hazardous Chemical Inventory (Tier Two) report to the:
No, however penalties may apply for not reporting.
Yes. The law assesses steep penalties for willful non-compliance of EPCRA regulations. EPCRA enforcement actions are conducted by the U.S. Environmental Protection Agency or by legal firms who act on behalf of citizens.
Hazardous chemicals are any substances for which a facility must maintain a MSDS/SDS under the OSHA Hazard Communication Standards. Over 500,000 products have MSDSs, which are normally obtained from the chemical manufacturer.
The reportable threshold for sulfuric acid is 500 pounds at any one time.
The exemption form is used when:
- A facility reduces the quantities of all products stored on site, at any one time, below the reporting thresholds.
- A facility is sold.
- The facility goes out of business.
If one of these scenarios applies to your facility you must submit the exemption form to:
- The SERC.
- Your LEPC.
- Local fire department.
It is your obligation to notify all three agencies if the quantities of chemicals stored on site exceed reportable thresholds again.