Under EPCRA Section 313, suppliers are required to notify customers that their mixtures or trade name products contain a TRI chemical. Are there similar supplier notification requirements for Tier II chemical inventory reporting under EPCRA Section 312?
There is no supplier notification requirement for Tier II chemical inventory reporting. However, the Occupational Safety and Health Administration (OSHA) requires producers, importers, and distributors to provide material safety data sheets (MSDSs) to their customers. The requirement to prepare or have available an MSDS for a hazardous chemical is the first step in determining applicability for Tier II inventory reporting. Therefore, the distribution of MSDSs can provide related information and serve a similar purpose as the TRI supplier notification requirement.