EPCRA (Non-Section 313) Regulatory Amendments

Section 322

Technical Amendment - Trade Secrecy Claims and Emergency Planning Notification

EPA published a technical amendment on July 24, 2020 to remove the outdated substantiation form for trade secrecy claims from the Code of Federal Regulations. The most current substantiation form is posted on EPA program websites. The Agency also included clarification within a note in 40 CFR 355.41 to make regulated entities aware that SERCs and/or LEPCs may have a specific format for the follow-up report of the emergency release notification information.

Technical Amendment - Trade Secrecy Claims and Emergency Planning Notification (3 pp, 276 K, About PDF)

Section 311 and 312

Technical Amendment - Revisions to Hazard Categories for reporting under EPCRA Sections 311 and 312

This final rule revises the hazard categories for reporting under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA). On March 26^th, 2012, the Occupational Safety and Health Administration (OSHA) revised its Hazard Communication Standard (HCS) by adopting the United Nations Globally Harmonization System of Classification and Labeling of Chemicals (GHS). The changes to OSHA’s HCS affect the reporting requirements under Sections 311 and 312 of EPCRA.

Technical Amendment - Revisions to Hazard Categories for reporting under EPCRA Sections 311 and 312(6 pp, 217 K, About PDF)

Final rule; technical amendment, correction (81 FR 47311)(2 pp, 202 K, About PDF)

Fact Sheet: Hazardous Chemical Reporting: Community Right-to-Know; Revisions to Hazard Categories and Minor Corrections

Amendments to the Emergency and Hazardous Chemical Inventory Forms - (Tier I and Tier II)

On July 13, 2012, EPA amended the Emergency and Hazardous Chemical Inventory Forms under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA). The amendments add new reporting data elements and revise some existing data elements. The revisions:

Respond to stakeholder requests, EPA is proposing to add new data elements to the Tier I and Tier II forms in an effort to make the forms more useful for state, local, and tribal agencies;
Make reporting easier for facilities;
Provide clarity in reporting while maintaining protection of human health and the environment; and
Impose minimal reporting burden on facilities since the data elements are readily available to the facility.

Organizations and facilities subject to section 312 of EPCRA and its implementing regulations found in 40 CFR 370 may be affected by this rule.

Regulation: Hazardous Chemical Reporting: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II) (17 pp, 281K, about PDF)

Fact Sheet: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II)

Section 302

Revised Emergency Planning Notification Requirements for Extremely Hazardous Substances (EHS) that are Solids in Solution

On March 22, 2012, EPA revised the way regulated facilities apply the threshold planning quantities (TPQs) for Extremely Hazardous Substances (EHSs) that are non-reactive solid chemicals in solution form. Facilities with a non-reactive EHS solid in solution are subject to EPCRA section 302, if the on-site amount of a non-reactive EHS solid in solution, when multiplied by 0.2, equals or exceeds the lower published TPQ. This modification of the application of TPQs for non-reactive EHS solids in solution is based on currently available data. This data shows less potential for the solid in solution to remain airborne in the event of an accidental release. EPA is also clarifying that the use of the 0.2 reducing factor used under 40 CFR part 355, should not be used for compliance with reporting requirements under 40 CFR 370.10.

The final rule potentially affects 157 EHS chemicals that are non-reactive solids at ambient temperature, if they are handled by facilities in a solution form. These 157 chemicals appear with two TPQs (the higher TPQ is 10,000 pounds) in Appendices A and B of 40 CFR part 355. Additionally, this rule does not apply for the 12 solid EHS chemicals that are reactive solids (denoted with “a” in the “Notes” column of Appendices A and B of 40 CFR part 355).

FR Notice: Emergency Planning and Notification; Emergency Planning and List of Extremely Hazardous Substances and Threshold Planning Quantities, Final Rule. 77 FR 16679. | PDF(10 pp, 253K, about PDF)

Fact Sheet: Final Rule for Extremely Hazardous Substances (EHS) and Threshold Planning Quantities (TPQs) for Solids in Solutions

Sections 302, 304, 311, and 312

Final Amendments to Regulations in 40 CFR Parts 355 and 370

EPA finalized several changes to the Emergency Planning (Section 302), Emergency Release Notification (Section 304) and Hazardous Chemical Reporting (Sections 311 and 312) regulations that were proposed on June 8, 1998 (63 FR 31268). These changes include clarification on how to report hazardous chemicals in mixtures, and changes to Tier I and Tier II forms. Additionally, the rules now use a question and answer format. Facilities subject to EPCRA reporting, State Emergency Response Commissions (SERCs), Local Emergency Planning Committees (LEPCs) and fire departments should become familiar with the amendments. This final rule is effective on December 3, 2008.

Regulation: Emergency Planning and Community Right-to-Know Act; Amendments to Emergency Planning and Notification; Emergency Release Notification and Hazardous Chemical Reporting, Final Rule | PDF (33 pp, 322 K, About PDF)

Fact sheet: Amendments to Emergency Planning and Notification; Emergency Release Notification and Hazardous Chemical Reporting. 40 CFR Parts 355 and 370

On March 26, 2009, EPA corrected a technical error that appeared in the November 3, 2008, final rule published on Tier II inventory information. | PDF (2 pp, 136 K, About PDF)

This final rule is effective on March 26, 2009.

Older EPCRA Federal Register Notices

Past EPCRA Federal Register notices covering emergency planning and notification, and hazardous chemical reporting are available from 1987-2006. See: Older EPCRA Federal Register notices.