Learn the Issues
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Are mining facilities required to notify under Sections 311 and 312?
Mining facilities regulated by the Mining Safety and Health Administration, (MSHA) are not subject to OSHA's Hazard Communication Standard (HCS) and, therefore, are not subject to the Sections 311 and 312 requirements. However, it should be noted that because MSHA covers only actual mining activities, all other operations, such as…
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Are pipelines subject to 311 and 312?
Pipelines and similar transport systems are covered under the OSHA Hazard Communication Standard (HCS) (August 24, 1987). Must the "storage" of materials in these facilities be reported under Sections 311 and 312? Materials in pipelines are included in the general exemption for substances in transportation from all requirements under Title…
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Reporting hazardous substance mixtures
How are mixtures of hazardous substances (other than radionuclides) reported? EPA issued the "mixture rule" ( 40 CFR section 302.6(b)), developed in connection with CWA section 311 regulations, as a method for determining when to report releases of mixtures or solutions. Under the mixture rule, if the quantities (or concentrations)…
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Are marinas and airports included under the definition of "retail gas station?"
Gas stations in marinas and airports that sell fuel for boats and airplanes are not included within the definition of "retail gas station" for purposes of higher reporting thresholds EPCRA §§311/312. In the February 11, 1999, Federal Register, EPA added the phrase "for motor vehicle use on land" to the…
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Are government products unavailable to the public exempt?
Executive Order 12856 required federal facilities to comply with all aspects of EPCRA ( 58 FR 41981; August 6, 1993). Prior to this action, EPCRA did not apply to federal facilities. Consequently, interpretive language previously issued as guidance for non-federal facilities often does not address issues specific to federal facilities…
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Reporting radionuclide mixtures if composition is known
How are mixtures of radionuclides reported if the composition of the mixture is known? The requirements for reporting mixtures of radionuclides depend on whether the composition of the mixture is known or unknown. If the identity and quantity (in curies) of each radionuclide involved in a release is known, the…
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What is meant by "molten" and "in solution" when describing extremely hazardous substances?
To assist state and local officials in the development of emergency response plans, the Emergency Planning and Community Right-to-Know Act (EPCRA) requires the owner or operator of each facility at which an extremely hazardous substance (EHS) is present in an amount equal to or exceeding its threshold planning quantity (TPQ)…
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Does MSHA have jurisdiction over inactive mine facilities?
The owner of a coal mine is maintaining one bulk anhydrous ammonia tank and satellite ammonia tanks because of an agreement with the State pursuant to environmental regulations concerning acid mine drainage. Ammonia is used to treat surface water runoff (raise the pH of the effluent). The mine is no…
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Can a lease agreement exempt a facility owner from Tier II reporting?
An owner leases a facility to another person. The lease agreement states that "in its use and occupancy of the facility and in its use of the leased equipment, the lessee shall abide by and comply with all governmental laws, regulations and requirements." Does this contractual language exempt the owner…
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Consumer product exemption and batteries
Sections 311 and 312 apply to owners or operators of any facility that is required to prepare or have available a material safety data sheet (MSDS) for an OSHA defined hazardous chemical present at the facility at any one time in amounts equal to or greater than established thresholds. Facility…
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Is household heating fuel exempt from the Sections 311 and 312 requirements?
Section 311(e)(3) exempts, "any substance to the extent it is used for personal, family or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public." This household product exemption does not apply to the use of household…
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Is FDA regulated flour bleaching exempt?
A facility owner/operator uses chlorine to bleach flour at his/her facility. Would this facility owner/operator be exempt from reporting the chlorine used to bleach flour under EPCRA Section 311/312? EPCRA Section 311 (e)(1) exempts any food, food additive, drug, or cosmetic regulated by the Food and Drug Administration (FDA). EPA…
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Forklift batteries
EPCRA section 311(e)(3) exempts from the definition of hazardous chemical any substance to the extent is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public ( 40 CFR 370.13(c)(1)). Does this…
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Is creosote-treated wood exempt under the consumer product exemption?
Until recently, OSHA exempted wood and wood products from the Hazard Communication Standard (HCS) program. On February 9, 1994, OSHA amended its HCS to no longer exempt certain wood and wood products ( 59 FR 6126). The revised exemption found at 29 CFR 1910.1200(b)(6)(iv) applies only to wood and wood…
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Is oil stored in an intermediate storage tank exempt from 311 and 312?
A transportation firm owns a pipeline that transports oil to an intermediate storage tank at their pumping station. At the pumping station the oil is sold and sent by a secondary pipeline to the purchaser. The transportation firm also owns the secondary pipeline until the pipeline reaches a valve in…
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MSDS requirements for mixtures made on-site and not distributed into commerce
A facility owner/operator brings on-site two components that he blends into a mixture for on-site use. Since the mixture is not distributed to commerce, the facility owner/operator claims that Occupational Safety and Health Administration (OSHA) does not require him to develop a new Material Safety Data Sheet (MSDS) for the…
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Update / correct MSDS submission or Tier II report
Facilities that have threshold amounts of hazardous chemicals are required to submit an MSDS for each hazardous chemical and Tier II information annually to their SERC, LEPC, and local fire department ( 40 CFR 370.10(a)). Are there any requirements to update or correct MSDS reporting or a Tier II report…
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Must an R&D facility submit a MSDS for an exempt chemical upon public request?
Upon request by the public, must a Research and Development facility submit a MSDS for a chemical if the chemical is exempt from reporting under Section 311 but not exempt from the OSHA requirement of having available a MSDS? No. Under Section 311, a Research and Development facility would not…
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LEPC request for MSDS for substance not defined as a hazardous chemical
Under Section 311 of the Emergency Planning and Community Right-to-Know Act (EPCRA), ( 40 CFR 370.10(b)), a local or tribal emergency planning committee (LEPC or TEPC) can request a material safety data sheet (MSDS) from a facility for a hazardous chemical which is present at the facility below 10,000 pounds…
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Resubmitting revised SDSs based on OSHA's new Hazard Communication Standards
Pursuant to 40 CFR Part 370, facilities must submit a material safety data sheet (MSDS) for each hazardous chemical or submit a list of all hazardous chemicals for which the facility is required to prepare or have available an MSDS under the Occupational Safety and Health Administration (OSHA) Hazard Communication…