EPCRA Hazardous Chemical Inventory Reporting - Revisions to Hazard Categories and Reporting Guidance

The hazardous chemical inventory reporting requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA) sections 311 and 312 rely on the Occupational Safety and Health Administration’s (OSHA's) Hazard Communication Standard (HazCom Standard) [29 CFR 1910.1200] for the definition of a hazardous chemical and for the categories of health and physical hazards that must be reported per 40 CFR part 370.  

In 2012, OSHA revised its HazCom Standard to adopt the United Nations Globally Harmonized System of Classification and Labeling of Chemicals, which is commonly known as the GHS [77 FR 17574; March 26, 2012], In 2016, the EPA revised the EPCRA sections 311 and 312 hazard categories to conform with the 2012 revisions to the OSHA HazCom Standard [81 FR 38104; June 13, 2016].

In 2024, OSHA again revised its HazCom Standard to conform with the GHS, primarily revision 7 [89 FR 441444; May 20, 2024]. In 2026, EPA published a final rule [91 FR 37022; June 22, 2026] to conform the regulations for EPCRA sections 311 and 312 Hazardous Chemical Inventory Reporting at 40 CFR part 370 to the OSHA HazCom Standard amendments [77 FR 17574; March 26, 2012 and 89 FR 44144; May 20, 2024]. The 2026 revisions to 40 CFR part 370 are to be used for the 2027 EPCRA section 312 reporting period, which requires that the hazardous chemical inventory forms be submitted by March 1, 2028. 

On this page:

• When must facilities report the new hazard categories for EPCRA sections 311 and 312 hazardous chemical inventory reporting?
• What are the new hazard categories for EPCRA sections 311 and 312 hazardous chemical inventory reporting?
• What changes to the OSHA HazCom Standard affect the EPCRA sections 311 and 312 hazardous chemical inventory reporting?  
• How should I report my hazardous chemicals that are classified as aerosols, chemicals under pressure, chemically unstable gases, or desensitized explosives on my annual inventory during the OSHA HazCom Standard SDS transition period?  
• Am I required to report the hazard classifications in section 2(c) of the SDS for my EPCRA sections 311 and 312 hazardous chemical inventory reporting?
• When will the EPA publish the revised Tier II Forms, update the National Tier II Data Standard, and release the Tier2 Submit and CAMEO Data Manager Software with the revised hazard categories? 

When must facilities report the new hazard categories for EPCRA sections 311 and 312 hazardous chemical inventory reporting?

For the EPCRA section 311 Safety Data Sheet (SDS) or list submission, you are required under statute and by regulation to submit a revised SDS or list that contains the information provided in 40 CFR 370.30(a) within three months after receiving a SDS with significant new information concerning an aspect of a hazardous chemical [40 CFR 370.30-370.33]. Use of the updated hazard categories is required for the EPCRA 311 list submissions by January 1, 2028, because this is the compliance date for the Rule.  

• The 2026 revisions to the EPCRA hazard categories directly incorporate the OSHA hazard classes with their categories as the EPCRA hazard categories and retain that the Hazards Not Otherwise Classified (HNOC) are also EPCRA hazard categories. The previous EPCRA hazard categories used merged OSHA hazard classes; this action unmerged the OSHA hazard classes and incorporated the OSHA hazard categories with the hazard classes to provide more accurate hazard information. Example: The previous “EPCRA flammable hazard category” is now divided into 12 hazard categories and some hazards previously included as “flammable” are classified in different hazard classes such as Aerosols.
• The EPCRA statute requires that facilities using the list submission option provide a list of the hazardous chemicals and that the listed chemicals be grouped into the categories of health and physical hazards as established in the OSHA HazCom Standard. Reclassification and addition of hazard categories for chemicals modifies the structure of this list and is important for first responder safety and community awareness of the hazards, therefore significant new information includes the reclassification of or addition of any hazard categories. This means that updated lists must be provided to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and fire department with jurisdiction for any of your hazardous chemicals which were reclassified or have new hazard categories listed in the SDS, and the lists must use the new EPCRA hazard categories for all hazardous chemicals. [42 U.S.C. 11021(a)(2)(A)(i)]
• SERCs and LEPCs implement these sections of EPCRA. If you are not federally required to update your list submission because the hazards were not modified (per the previous paragraph), check with your SERC (i.e., DC, State, Territory, or Tribe) and your LEPC to determine if you are required to submit a new list or the SDSs which are conformant with the 2024 OSHA HazCom Standard.

For the EPCRA section 312 hazardous chemical inventory forms [40 CFR 370.40-370.45], the statute requires that the annual reports contain data with respect to the preceding calendar year [42 USC 11022(a)(2)]. The EPA's long-standing policy is that you should report any new or revised hazards in the first annual report after it is included in the SDS. The Agency is modifying this policy for the implementation of this final rule to reduce confusion during emergency planning and limit data entry burdens.  

If you receive a revised SDS during the 2026 calendar year, you may choose to use the SDS which you already had for the data that you enter in the 2026 annual report (due March 1, 2027). The 2027 annual report (due March 1, 2028) should use the revised SDS (i.e., 2024 OSHA HazCom Standard complaint) for both Substances and Mixtures, if available. 

• For Substances, OSHA requires that the SDS be updated between May 20, 2024, and May 19, 2026; this means that hazardous chemical inventory reporting is required as soon as the report for the 2024 calendar year (due March 1, 2025) and no later than the report for the 2027 calendar year (due March 1, 2028).  
• For Mixtures, OSHA requires that the SDS be updated between May 20, 2024, and November 19, 2027; this means that hazardous chemical inventory reporting is required as soon as the report for the 2024 calendar year and no later than the report for the 2027 calendar year (due March 1, 2028).  

References: Questions & Answers for OSHA’s 2024 HazCom Standard Final Rule, Hazard Communication Standard Final Rule Extension of Compliance Dates [91 FR 1695; January 15, 2026], and 29 CFR 1910.1200. 

What are the new hazard categories for EPCRA sections 311 and 312 hazardous chemical inventory reporting?

The hazard categories for EPCRA reporting are defined in 40 CFR 370.3 as follows:

Hazard category means the classification of a chemical’s hazard(s) into classes with their categories or hazards not otherwise classified as are reported in Section 2 of SDSs in accordance with 29 CFR 1910.1200. Hazard categories are divided by hazard class into health hazards and physical hazards:

1. Health hazard means a chemical that is classified into one of the following hazard classes or hazards not otherwise classified: acute toxicity (oral, dermal, or inhalation); aspiration hazard; carcinogenicity; germ cell mutagenicity; reproductive toxicity; respiratory sensitizer; skin sensitizer; serious eye damage/eye irritation; simple asphyxiant; skin corrosion or irritation; specific target organ toxicity (single exposure) or (repeated or prolonged exposure); and hazard not otherwise classified.  
2. Physical hazard means a chemical that is classified into one of the following hazard classes or hazards not otherwise classified: aerosols; chemicals under pressure; combustible dust; corrosive to metal; desensitized explosive; explosives; flammable (gases, liquids, or solids); gas under pressure; in contact with water emits flammable gases; organic peroxides; oxidizing (gases, liquids, or solids); pyrophoric (liquids or solids); self-heating chemicals; self-reactive chemicals; and hazard not otherwise classified.

In 2025, EPA directly incorporated the OSHA hazard classes with their hazard categories as the EPCRA hazard categories. EPA will also continue to consider the OSHA HazCom Standard's Hazards Not Otherwise Classified (HNOCs), including combustible dusts and simple asphyxiants, to be EPCRA hazard categories.  

The following file contains the full list of EPCRA hazard categories from Appendix A to 29 CFR 1910.1200—Health Hazard Criteria and Appendix B to 29 CFR 1910.1200—Physical Hazard Criteria: 

• 2027 EPCRA Hazard Categories and OSHA Hazard Categories Crosswalk (xlsx) (31.01 KB, June 2026)

What changes to the OSHA HazCom Standard affect the EPCRA sections 311 and 312 hazardous chemical inventory reporting?  

In 2024, the OSHA HazCom Standard was amended to improve awareness of chemical hazards by instituting changes as to how chemical hazards are reported on SDSs. The amendments which affect EPCRA include revised criteria for the classification of certain physical hazards to better capture and communicate the hazards to downstream users and amended contents for Section 2. Hazard Identification of SDSs. [89 FR 44144; May 20, 2024]

The following is a list of the revisions affecting EPCRA hazardous chemical inventory reports: 

1. Replacement of the flammable aerosols hazard class with two hazard classes: aerosols and chemicals under pressure. These two hazard classes are both divided into three hazard categories (two for flammables and one for non-flammable). This HazCom Standard modification groups substances with different hazards for first responders into the same hazard class. For example, non-refillable fire extinguishers would be classified as Aerosol - Category 3, where highly flammable paints would be Aerosols - Category 1. [89 FR 44321-44324; May 20, 2024]
2. Addition of the hazard class desensitized explosives. These chemicals were previously reported in the explosives category. [89 FR 44316-44317; May 20, 2024] 
3. Inclusion of pyrophoric and chemically unstable gases within the definition of flammable gases. Previously pyrophoric gases were included in the OSHA definition of a hazardous chemical and not categorized as a health or physical hazard. Chemically unstable gases is a new term within the 2024 OSHA HazCom Standard. Although this is a new term, chemically unstable gases met the criteria to be classified as flammable gases prior to the 2024 revision. [89 FR 44319-44321, May 20, 2024]
4. Adjustments to Section 2. Hazard identification of SDSs require that Section 2(a) include reporting on changes in a chemical’s physical form and Section 2(c) include reporting on any chemical reaction products associated with known or reasonably anticipated uses or applications. [89 FR 44277-44287; May 20, 2024] For reporting guidance, refer to the section 2(c) guidance on this webpage.

How should I report my hazardous chemicals that are classified as aerosols, chemicals under pressure, chemically unstable gases, or desensitized explosives on my annual inventory during the OSHA HazCom Standard SDS transition period?  

To report using a 2012 OSHA HazCom Standard compliant SDS for the 2027 reporting year or later:

For the reporting year 2027 or later, three OSHA hazard categories were renamed and require that facilities report these hazards under the new hazard category. The following table provides the list of these three categories and the reporting instructions: 

To report using a 2024 OSHA HCS complaint SDS for the 2024, 2025, or 2026 reporting years:

For the reporting years 2024, 2025, and 2026, there are thirteen OSHA hazard categories which do not align with the 2017-2026 EPCRA hazard categories. The hazard category "Flammable Gases – Pyrophoric Gas – Category 1A" is reportable under the 2017-2026 EPCRA hazard category "Pyrophoric Gas", while the other twelve categories do not fit into a 2017-1016 EPCRA hazard category and must be reported as Hazard Not Otherwise Classified (HNOC). The following table provides the list of these thirteen categories and the reporting instructions: 

Am I required to report the hazard classifications in section 2(c) of the SDS for my EPCRA sections 311 and 312 hazardous chemical inventory reporting?

The 2024 changes to the OSHA HazCom Standard included requiring that Section 2(c) of the SDSs include hazards associated with chemical reaction products associated with known or reasonably anticipated uses or applications (i.e., downstream hazards). In the preamble to the final rule, OSHA provided that the change is necessary because of confusion about whether chemical reactions that occur during normal conditions of use must be considered during classification and placed on the SDS. This issue occurs when multiple chemicals are sold together with the intention that they be mixed together before use. Examples provided include spray foams, two-part epoxies, cements, and hair smoothing products which have intended uses which create different hazards than the individual substances. OSHA also refers to its longstanding position that hazard classification must cover hazards associated with normal conditions of use and foreseeable emergencies. [89 FR 44277-44278; May 20, 2024] 

EPA does not have a policy on whether the downstream hazards reported in Section 2(c) of SDSs should be reported in the EPCRA sections 311 and 312 hazardous chemical inventory reports. Please check with your state to determine if you are required to report these downstream hazards. For state contact information refer to: State Tier II Reporting Requirements and Procedures.

To provide uniformity and promote the safety of first responders, EPA is providing the following recommended approach for states:  

The contents of Section 2(c) of the SDS, which provides the hazard classifications for chemical reaction products associated with known or reasonably anticipated uses or applications, should be reported if these hazards are reasonably anticipated to occur at a facility.  

EPA is publishing this interim guidance to ensure that communities and first responders are provided with accurate hazard information for each facility. For example, it would be inaccurate for a warehouse that houses epoxy chemicals to report this hazard information to first responders, however it would be appropriate for an epoxy table manufacturer to provide these downstream hazard classifications on their hazardous chemical inventory reports. 

When will the EPA publish the revised Tier II Forms, update the National Tier II Data Standard, and release the Tier2 Submit and CAMEO Data Manager Software with the revised hazard categories?

The new hazard categories are required to be used for the 2027 EPCRA section 312 reporting period, which requires that the hazardous chemical inventory forms be submitted by March 1, 2028.

Tier II Forms: The revised Tier II Form with the Confidential Location Form, along with the guidance and instructions document have been published on the following website: Tier II Forms with the Regulatory Overview and Instructions. 

National Tier II Data Standard: EPA and the National Oceanic and Atmospheric Administration (NOAA) intend to publish a revised National Tier II Data Standard in spring of 2026. This date is set to allow time for the update of the software systems used for electronic reporting and data management. For more information, please refer to: National Tier II Data Standard.

Tier2 Submit and CAMEO Data Manager Software: EPA and NOAA intend to release the 2027 versions of the Tier2 Submit and CAMEO Data Manager Softwares in November of 2026. This is the normal timing for the annual releases. To be included in the beta testing for these softwares, please contact orr.cameo@noaa.gov.  For more information, refer to: CAMEO (Computer-Aided Management of Emergency Operations).