EPCRA Hazardous Chemical Inventory Reporting – Solids Exemptions

The following set of questions and answers are designed to help you understand if your facility is required to submit hazardous chemical inventory reports for your substances which are or may be combustible dusts under sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act and provides guidance on how to comply with the requirements [Title 40 of the Code of Federal Regulations part 370 42 U.S.C. 11021 and 11022 (pdf)(187 KB)].

Note that under EPCRA, the term “state” includes the 50 States of the United States, the District of Columbia, the five inhabited territories of the United States, and any other territory or possession over which the United States has jurisdiction. Federally recognized Tribes are the implementing authority for EPCRA on all Indian lands. Tribal Emergency Response Commissions are a form of State Emergency Response Commission, and any Tribal Emergency Planning Committees are a form of Local Emergency Planning Committee.

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What facilities are subject to EPCRA hazardous chemical inventory reporting?

The EPCRA hazardous chemical inventory reporting requirements apply to facilities that are required to prepare or have available a safety data sheet under the Occupational Safety and Health Administration’s Hazard Communication Standard [29 CFR section 1910.1200], if they have hazardous chemicals present above their EPCRA reporting thresholds. The EPCRA reporting thresholds are codified at 40 CFR section 370.10. To learn more about the hazardous chemical inventory reporting refer to EPA's Hazardous Chemical Inventory Reporting webpage.

The OSHA HazCom Standard requires chemical manufacturers and importers to obtain or develop a SDS for each hazardous chemical that they produce or import. It also requires that employers have a SDS available for each hazardous chemical that they use. [29 CFR section 1910.1200(g)]

Pertinent to solids, the OSHA HazCom Standard provides and an exemption for articles and the EPCRA hazardous chemical inventory reporting regulation provides an exemption for solids.

Does the OSHA HazCom Standard articles exemption apply to solids and exempt me from EPCRA sections 311 and 312 hazardous chemical inventory reporting?

The OSHA HazCom Standard states that it does not apply to articles [29 CFR section 1910.1200(b)(6)(v)] and defines an article as a manufactured item other than a fluid or particle which is formed to a specific shape or design during manufacture; has end use function(s) dependent in whole or in part upon its shape or design during end use; and under normal conditions of use does not release more than very small quantities, e.g. minute or trace amounts of a hazardous chemical and does not pose a physical hazard or health risk to employees [29 CFR section 1910.1200(c)]. For more information on this OSHA exemption, please see: the OSHA letters of interpretation for 29 CFR section 1910.1200(b)(6)(v), 29 CFR section 1910.1200(c), and 29 CFR section 1910.1200(d).

Bricks, pelletized polymers, sheet metal, and other similar non-reactive solids are generally exempt from the SDS requirement under the OSHA HazCom Standard when they are articles shaped during manufacture and their end use depends upon that shape. Since these non-reactive solids are not required to have an SDS under the OSHA HazCom Standard, they are not subject to the hazardous chemical inventory reporting requirements of EPCRA sections 311 and 312 when in their solid forms. [52 FR 38349; October 15, 1987]

What is the EPCRA solids exemption?

The EPCRA exempts any substance present as a solid in any manufactured item from EPCRA sections 311 and 312 hazardous chemical inventory reporting unless exposure to the substance occurs under normal conditions of use, in which case reporting requirements apply. [40 CFR section 370.13; 42 U.S.C. 11021(e)(2)].

Are OSHA HazCom Standard articles exemption and the EPCRA sections 311-312 solids exemption applicable to substances that I am modifying or using to manufacture a different product?

No. Modifying any portion of the solid manufactured item where exposure to a hazardous chemical can occur negates the exemptions. Below are three examples:

Bricks: If bricks are modified in a way that they produce a fume or dust (e.g., cutting) and thus create a potential exposure, then they are not eligible for the exemptions. The fumes or dusts must be counted toward the reporting threshold determination.

Pelletized Polymers: If pelletized polymers are modified in a way that alters the solid state of the pellets (e.g., grinding or heating) thus creating a potential exposure, then they are not eligible for the exemption. The fumes or dusts must be counted toward the reporting threshold determination.

Sheet Metal: If sheet metal is modified in a way that it produces fume or dust (e.g., brazing, cutting, welding, or otherwise altering the form) thus creating a potential exposure, then it is not eligible for the exemption. The fumes or dusts must be counted toward the reporting thresholds. Note that stamping of sheet metal does not present exposure to a hazardous chemical.

Reference: 75 FR 39857-39858; July 13, 2010.

I’ve modified my solid and created a potential exposure, how much of my material is subject to the hazardous chemical inventory reporting requirements of EPCRA sections 311 and 312?

You only have to include and count the amount of fume or dust emitted or released from a manufactured solid that is being modified to determine whether the EPCRA sections 311 and 312 reporting thresholds have been reached. This interpretation is provided as guidance. States may implement more stringent requirements if they so choose. [75 FR 39857-39858; July 13, 2010]

To calculate the amount of fume or dust given off from a solid manufactured item, EPA recommends the using the following methods: monitoring data, mass balance, emission factors, or engineering calculations.

Is there a particle size for what is considered a solid?

Particle size is not relevant to whether solids must be reported under EPCRA sections 311 and 312. The solids exemption applies to substances that are present as solids in any manufactured item that do not create an exposure to the substance under normal conditions of use. Note that “normal conditions of use” for solids at your facility that trigger reporting requirements may include any manipulation of the substance that creates exposure, such as cutting, welding, or heating.

For the emergency planning requirements of EPCRA sections 301-303 for the EPCRA Extremely Hazardous Substances [40 CFR sections 355.10 – 355.21], solid powders with a particle size less than 100 microns are subject to a lower threshold planning quantity [40 CFR section 355.15(a)(1)]. This emergency planning requirement is not used for and does not affect the hazardous chemical inventory reporting requirement for solids under EPCRA sections 311 and 312. For more information regarding the EPCRA emergency planning requirements refer to EPA's Emergency Planning webpage.

Are the emergency planning reducing factors for non-reactive hazardous substances applicable to the hazardous chemical inventory reporting requirements of ECPRA sections 311 and 312?

No. The reducing factors in the emergency planning regulations of EPCRA sections 301-303 [40 CFR section 355.16] are not used for and do not affect the hazardous chemical inventory reporting requirements for solids under EPCRA sections 311 and 312. For more information regarding the EPCRA emergency planning requirements refer to EPA's Emergency Planning webpage.

What are the reporting thresholds for the hazardous chemical inventory reporting of EPCRA sections 311 and 312?

The EPCRA reporting thresholds are codified at 40 CFR section 370.10.

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Last updated on February 19, 2026