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EPCRA 311 / 312 Reporting Responsibility For Industrial Park Owner

EPCRA sections 311 and 312 assign responsibility for reporting to “the owner or operator of any facility which is required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical under the Occupational Safety and Health Act (OSHA) of 1970 and regulations under that act.” In the case of businesses located in an industrial park, would the owner of the industrial park or the individual lessees be responsible for reporting?

The different business entities located in an industrial park should check with their State Emergency Response Commission (SERC) on how to report for EPCRA sections 311 and 312. In some instances, both the owner/lessor and operator/lessee may have the responsibility for MSDS requirements, even for the same chemical. In other instances, only one party is assigned responsibility for MSDS preparation or availability under the OSHA Hazard Communication Standard. In either case, EPA encourages the filing of one report from an industrial park in lieu of multiple reports specific to each business entity within the park. However, the owner(s) or operator(s) of businesses of the industrial park should check with their SERC and the LEPC on the preferred method for reporting hazardous chemicals under EPCRA sections 311 and 312.