Applicability of EPCRA 311 and 312 to state and local government facilities

Are state and local government facilities subject to the Emergency Planning and Community Right-to-Know Act (EPCRA) Sections 311 and 312 in states with Occupational Safety and Health Administration (OSHA) approved state plans covering those facilities?

The Occupational Safety and Health Act prohibits OSHA from covering state and local government workers, unless they are covered by an OSHA-approved state-OSH plan.  Any state/territory that establishes a state-OSH plan that is then approved by OSHA, that plan must cover state and local employees under Section 18(a) of the OSH Act.   The state plan must be at least as protective as the federal OSH Act, including the Hazard Communication Standard.  Thus, the state and local facilities would be subject to EPCRA 311 and 312 requirements to submit Safety Data Sheets (SDSs) and Hazardous Chemical Inventory Forms (Tier I or Tier II forms) under EPCRA Sections 311 and 312. 

Here is the link to OSHA’s website of states and territories currently approved by OSHA (state plan states). 

https://www.osha.gov/stateplans/

The remaining states without any state plans are not covered by OSHA HCS (MSDS/SDS) requirements.  However, these states may revise their right-to-know program to include state and local facilities.