EPCRA 311 Overview

  • Updated

What is EPCRA 311 Reporting?

EPCRA 311 requires facilities to maintain a Safety Data Sheet (SDS) for any hazardous chemicals used or stored in the workplace. Facilities must submit an SDSs or a list of hazardous chemicals, to their State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC) and local fire department.

Facilities must also submit an annual inventory of these chemicals by March 1st of each year to their SERC, LEPC and local fire department. The information submitted by facilities must be made available to the public.

What are hazardous chemicals?

Hazardous chemicals are substances for which a facility must maintain an SDS under the OSHA Hazardous Communication Standard, which lists the criteria used to identify a hazardous chemical. Hazardous chemicals usually exhibit one or more of the following characteristics:

These pictograms are found on each SDS. SDSs are detailed information sheets that provide data on health hazards and physical hazards of chemicals along with associated protective measures. Over 500,000 products have SDSs which are normally obtained from the chemical manufacturer.

What Thresholds Trigger Reporting Requirements?

Any facility that is required to maintain SDSs under the Occupations Safety and Health Administration (OSHA) regulations for hazardous chemicals stored or used in the workplace.

Facilities with chemicals in quantities that equal or exceed the following thresholds must report:

  • For Extremely Hazardous Substances (EHSs), either 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower.
  • For gasoline (all grades combined) at a retail gas station, the threshold level is 75,000 gallons (or approximately 283,900 liters), if the tank(s) was stored entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the State UST program approved by the Agency under 40 CFR part 281.
  • For diesel fuel (all grades combined) at a retail gas station, the threshold level is 100,000 gallons (or approximately 378, 500 liters), if the tank(s) was stored entirely underground and the tank(s) was in compliance at all times during preceding calendar year with all application UST requirements at 40 CFR part 280 or requirements of the State UST program approved by the Agency under 40 CFR part 281.
  • For all other hazardous chemicals: 10,000 pounds.

Exemptions

  • Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.
  • 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. Facilities would only have to count the amount of fume or dust given off a piece of metal, brick, or any other manufactured solid item that undergoes a modification process.
  • Any substance to the extent it is used 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.
  • Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual. 
  • Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer. 

Reporting Requirements

Federal Requirements

  • Under Section 311, facilities must submit the SDSs of hazardous chemicals present on-site at or above the TPQ to their SERC, LEPC and local fire department. Facilities may choose to submit a list of the hazardous chemicals grouped into hazard categories instead. This is a one-time submission. New facilities have three months after becoming subject to the OSHA regulations to submit this information.
    • The following States request the 311 report be submitted sooner than three months:
      • Maryland- 60 days (2 months)
      • North Carolina- 15 days
      • Oregon- 3 months for initial report but must submit an update 311 within 30 days if any substantive changes occur.
      • Pennsylvania- 5 days
      • Washington D.C.- 60 days
  • Facilities that need to submit SDSs or the list of hazardous chemical under Section 311, still need to submit an annual inventory report for the same chemicals (EPCRA Section 312). This inventory report must be submitted to the SERC, LEPC and local fire department by March 1 of each year. 
  • In June 2010 the EPA approved the Partnership Programs for Joint Access to information and submission of EPCRA 311 and 312 reporting.
    • This program allows States to accept the 311 and 312 report as one report instead of submitting two different reports. 
    • States may implement the Partnership Programs for Joint Access reporting option; however, they must ensure that statutory and regulatory requirements are met. If states choose to implement this option, a formal agreement is necessary between the SERC, LEPC and fire department. States should then notify all facilities about this agreement and the new submission process.

State Requirements (If different from Federal)

  • Alaska: Any quantity of hazardous materials of the hazard class identified in federal placarding regulations as:- Poison Gas Hazard Division No. 2.3 and Poisons 6.1; - Explosives 1.1; Explosives 1.2 and 1.3, excluding smokeless gunpowder, black powder, and ammunition; - Flammable solid Divisions 4.1, 4.2, and 4.3; or Radioactive Hazard Class 7; and- compressed gasses equal to or more than 1,000 cubic feet at standard temperature.
  • Delaware: - EHS: 55 gallons, 500 pounds or the TPQ, whichever is lower; - Hazardous Chemical: 55 gallons or 500 pounds on site at any one time; -Heating Fuel: 10,000 pounds when used on site.
  • Vermont: Threshold for hazardous chemicals is 100 pounds, unless the TPQ is lower. Petroleum products/road salts have a 10,000 pound threshold.

 

State and federal laws and regulations noted in this article are current as of July 2021 and are subject to change. Please check back for updates or consult additional resources to ensure you’re in compliance.

 

Last Modified: 7/21/21

 

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