EPCRA Hazardous Chemical Inventory Reporting – General Reporting Guidance

The following set of questions and answers are designed to help you understand if your facility is required to submit hazardous chemical inventory reports under sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and provides basic guidance on how to comply with the requirements [40 CFR part 370; 42 U.S.C. 11021 and 11022]. 

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 federally recognized Tribes that wish to be treated the same as states. 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. 

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 SDS under the Occupational Safety and Health Administration’s Hazard Communication Standard [29 CFR 1910.1200], if they have hazardous chemicals present above their EPCRA reporting thresholds. The EPCRA reporting thresholds are codified at 40 CFR 370.10. The OSHA Hazard Communication Standard requires chemical manufacturers and importers to obtain or develop a safety data sheet 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 1910.1200(g)]

How does EPCRA define hazardous chemical?

The EPCRA regulations define hazardous chemical by citing OSHA's definition of hazardous chemical and providing the list of exceptions to the OSHA definition for the EPCRA sections 311-312 hazardous chemical inventory reporting requirements in 40 CFR part 370.

Under the OSHA Hazard Communication Standard [29 CFR 1910.1200(c)] (updated per 89 FR 44144; July 19, 2024): 

• Hazardous chemical means any chemical which is classified as a physical or a health hazard, a simple asphyxiant, combustible dust, or hazard not otherwise classified.
• Health hazard means a chemical which is classified as posing of the following hazardous effects: acute toxicity (any route of exposure), aspiration hazard, carcinogenicity, germ cell mutagenicity, reproductive toxicity, respiratory or skin sensitization, serious eye damage or irritation, skin corrosion or irritation, or specific target organ toxicity (single or repeated exposure). The criteria for determining whether a chemical is classified as a health hazard are detailed in Appendix A to § 1910.1200—Health Hazard Criteria.
• Physical hazard means a chemical which is classified as posing one of the following hazardous effects: aerosols, corrosive to metal, explosive or desensitized explosive, flammable (gases, liquids, or solids), gas under pressure, in contact with water emits flammable gas, organic peroxide, oxidizer (gases, liquids, or solids), pyrophoric (liquid or solid), self-heating, or self-reactive. The criteria for determining whether a chemical is classified as a physical hazard are detailed in Appendix B to § 1910.1200—Physical Hazard Criteria.
• Further, the OSHA Hazard Communication Standard provides 12 exemptions which are listed at 29 CFR 1910.1200(b).

For the EPCRA hazardous chemical inventory reporting of sections 311-312 in 40 CFR part 370, the following are exempt from EPCRA reporting [40 CFR 370.13]. 

1. Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.
2. Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
3. Any substance to the extent it is used:
   1. For personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. Present in the same form and concentration as a product packaged for distribution and use by the general public means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public;
   2. In a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; or
   3. In routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

The exemptions for the EPCRA sections 311 and 312 hazardous chemical inventory reporting requirements do not extent to the reporting requirements for other sections of EPCRA. Your facility may still be required to report under:

• EPCRA sections 301-303 Emergency Planning Provisions [40 CFR part 355]
• EPCRA section 304 Emergency Release Notifications [40 CFR part 355, Subpart C]
• EPCRA section 313 Toxics Release Inventory [40 CFR part 372]

What are the EPCRA reporting thresholds?

The EPCRA reporting thresholds are codified at 40 CFR 370.10. If a hazardous chemical is present at your facility at any one time in an amount equal to or greater than the listed reporting threshold for your chemical, you are required to comply with the requirements of EPCRA sections 311 and 312 as codified at 40 CFR part 370. 

The following is a summary of the reporting thresholds: 

Where are the criteria and definitions for the OSHA HCS hazard classes and categories? 

• Health hazard criteria and definitions are in Appendix A to 29 CFR 1910.1200.
• Physical hazard criteria and definitions are in Appendix B to 29 CFR 1910.1200.
• Combustible dust, simple asphyxiant, and hazard not otherwise classified are defined in 29 CFR 1910.1200(c).

Is there a list of hazardous chemicals for which facilities must report on? 

There is not a list of hazardous chemicals which are subject to the OSHA Hazard Communication Standard or the EPCRA hazardous chemical inventory reporting requirements of sections 311-312. 

Who is required to develop the SDS?

The manufacturer or importer has the primary responsibility under the OSHA Hazard Communication Standard for determining whether their chemicals are subject to the OSHA Hazard Communication Standard SDS requirements. OSHA regulations require manufacturers and importers to provide information on the hazards of their chemicals to the persons using or distributing those chemicals. Further, OSHA regulations allow employers to not rely on the classification performed by the manufacturer or importer; if you choose to classify your chemicals differently than the manufacturer or importer refer to the OSHA Hazard Communication Standard at 29 CFR 1910.1200 for your requirements. [29 CFR 1910.1200(d)]

If you are aware of inaccurate or inconsistent information on the SDS, you should take reasonable steps to clarify the information or alert the recipients of the information when it is distributed that it may be inaccurate. [52 FR 38344; October 15, 1987]

How do I find the SDS for my chemicals?

If you were not provided with, or cannot locate, the SDS for your chemicals, you should contact the manufacturer or importer to ask for the SDS. Note that many companies publish the safety data sheets for their chemicals on their websites. 

If there is no safety data sheet for your chemical, you should verify with the manufacturer or importer that the chemical is not subject to the OSHA Hazard Communication Standard safety data sheet requirement. 

If you are the manufacturer or importer, you are responsible for developing the SDS in accordance with 29 CFR 1910.1200(d). 

You may contact OSHA for assistance with determining if a SDS is required for your chemicals. If you have tried and are unable to obtain a SDS for your chemicals, you may use other resources to determine the hazards for your chemicals; one such resource is the CAMEO Chemicals datasheets.

How do I know if my chemicals are required to have an SDS?

Manufacturers and importers sometimes provide SDS for reasons other than the OSHA requirement to provide one. If you have an SDS but aren’t certain whether the chemical is required to have it, you may ask the manufacturer or importer for their determination, look to the Section 2 Hazard(s) identification of the SDS, or assume that the SDS is required. You may also contact OSHA for assistance with determining if a SDS is required for your chemicals.

How do I complete the annual hazardous chemical inventory form?

EPCRA section 312 is primarily implemented by the SERCs, LEPCs, and local fire departments. To obtain your Tier II reporting procedures and requirements, check with your state, territory, or Tribe. For contact information please see State Tier II Reporting Requirements and Procedures | US EPA.

Where do I submit the hazardous chemical inventory reports?

EPCRA sections 311 and 312 are primarily implemented by the SERCs, LEPCs, and local fire departments. The EPCRA regulations [40 CFR 370.44] require that the inventory reports be provided to your SERC, LEPC, and fire department. 

Many states have implemented a single point of submission for the hazardous chemical inventory reports, yet it remains the responsibility of the facility owner or operator to ensure that the reports are received by the SERC, LEPC, and fire department. States with a central collection system should be distributing the reports to the LEPC and fire departments on your behalf and should inform you that they will do so. Please check with the SERC, LEPC, and fire department as necessary to ensure that your use of the state single point of submission process will meet all of your reporting obligations. [75 FR 39855; July 13, 2010] 

The state which your facility is located within determines where you submit your reports. Check with your state to determine your method and location(s) of submission: State Tier II Reporting Requirements and Procedures | US EPA

When are the EPCRA hazardous chemical inventory reports due?

There are two EPCRA hazardous chemical inventory reporting requirements:

The EPCRA 311 SDS or list submission requirement [40 CFR 370.30 to 370.33] is a one-time requirement, unless there are any significant changes that affect the information previously submitted. This submission is due within 30 days of: 

• the regulated hazardous chemical being present at your facility at or above the reporting thresholds; 
• a request from the LEPC; and
• after discovery of significant new information for any of your previously reported hazardous chemicals. 

The ECPRA section 312 hazardous chemical inventory forms (i.e., Tier II Forms} [40 CFR 370. 40 to 370.45] are submitted annually by calendar year, with reporting for the previous year due on or before March 1^st each year. If March 1^st falls on a weekend or other non-business day, the reports should be submitted prior to the weekend or other non-business day to be postmarked or transmitted before March 1^st. 

Are there any fees associated with filing the hazardous chemical inventory reports?

There are no federal fees associated with the submission of the EPCRA sections 311 and 312 hazardous chemical inventory reports (i.e., EPCRA section 311 SDS or list and section 312 Tier I or Tier II report). 

However, EPCRA sections 311 and 312 are primarily implemented by the SERC, LEPC, and the local fire departments. Many states charge reporting fees to support the emergency planning and response efforts in their communities. Check with your state to determine if there are fees affiliated with your submission(s): 

State Tier II Reporting Requirements and Procedures | US EPA

Am I required to submit for previous years if my facility should have reported but did not?

Please check with your SERC to determine if and how you should submit reports for previous years: State Emergency Response Commissions Contacts | US EPA or State Tier II Reporting Requirements and Procedures | US EPA.  

EPA does not have a specific process for submitting past due hazardous chemical inventory reports and has not issued any formal guidance regarding submitting overdue reports for previous years. However, this does not mean that your facility does not have an obligation to provide these reports for previous years. If you are concerned about possible penalties for late reporting, information about enforcement is available at Enforcement Response Policies and Guidance | US EPA.