Hazardous Chemical Reporting Requirement
40 CFR Part 370
Final Ruling - December 3, 2008
A facility owner or operator must comply with the reporting requirements of 40 CFR part 370 if
the Occupational Safety and Health Administration's (OSHA
), Hazard Communication Standard requires your facility to prepare or have available a Material Safety Data Sheet (MSDS) for a hazardous chemical and if
either of the following conditions exist. Please note that throughout this guidance, "you" and "your" refer to the owner or operator of a facility
A hazardous chemical that is an Extremely Hazardous Substance (EHS) is present at your facility at any one time in an amount equal to or greater than 500 pounds (227 kg - approximately 55 gallons) or
the Threshold Planning Quantity (TPQ), whichever is lower. EHS and their TPQs are listed in the Final Rule, Appendices A and B
of 40 CFR section 355.
A hazardous chemical that is not an EHS is present at your facility at any one time in an amount equal to or greater than the threshold level of that hazardous chemical. Threshold levels for such hazardous chemicals are
(i) For any hazardous chemical that does not meet the criteria in paragraph 2 (ii) or (iii) of this section, the threshold level is 10,000 pounds (or 4,540 kg).
(ii) For gasoline at a retail gas station, the threshold level is 75,000 gallons (approximately 283,900 liters) (all grades combined). This threshold is only applicable for gasoline that was in tank(s) entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank requirements at 40 CFR part 280
or requirements of the state UST program
approved by the federal Agency under 40 CFR part 281.
(iii) For diesel fuel at a retail gas station, the threshold level is 100,000 gallons (approximately 378,500 liters) (all grades combined). This threshold is only applicable for diesel fuel that was in tank(s) entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank requirements at 40 CFR part 280
or requirements of the state UST program
approved by the federal Agency under 40 CFR part 281
3. A facility owner or operator must comply with the reporting requirements of
40 CFR section 370 if the threshold level for responding to the following request
Substances Exempt from these Reporting Requirements
40 CFR section 370. 13
You do not have to report substances for which you are not required to have an MSDS under OSHA and its implementing regulations, or that are excluded from the definition of hazardous chemicals under EPCRA section 311(e). Each of the following substances are excluded under EPCRA section 311(e):
(a) any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.
(b) 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.
(c) 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 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.
Reporting of Mixtures Containing Hazardous Chemicals
40 CFR section 370.14
These provisions state that for a mixture that is a hazardous chemical, a facility may meet the reporting requirements of Section 311 of EPCRA by submitting an MSDS for the mixture or
an MSDS for each hazardous chemical in the mixture. In lieu of submitting an MSDS for the mixture, a facility may submit a list that contains the mixture or
the hazardous chemical components in the mixture. Section 311(a)(3) also states that if more than one mixture at a facility contains the same hazardous chemical, only one MSDS or one entry on the list of chemicals is necessary for that hazardous chemicals. Refer to the table found in RIN 2050-AE17, 40 CFR Parts 355 and 370 Final Rule (PDF),
under section 370.14 for specifics on how to report mixtures containing hazardous chemicals. Also EPCRA section 311(a)(3) and 312(a)(3) contain the statutory provisions for reporting of mixtures containing hazardous chemicals.
Whom to Submit Inventory Information
40 CFR section 370.32
When and How to Submit Information
40 CFR section 370.33
The owner or operator must submit copies of the MSDSs for each hazardous chemical present at your facility that meet or exceed its applicable threshold level; or submit a list of all hazardous chemicals present at your facility at or above the applicable threshold levels.
Submit within 3 months after you first become subject to the reporting requirements of Sections 370.30 and 370.31(b).
Submit a revised MSDS within 3 months after discovering significant new information about a hazardous chemical for which an MSDS was submitted.
Submit an MSDS requested by the LEPC within 30 days of receiving the request.
The hazardous chemicals on your list must be grouped by hazard category as defined under 40 CFR section 370.66. The list must contain the chemical or common name of each hazardous chemical as provided on the MSDS. The SERC encourages the submission of a Hazardous Chemical Reporting Form (PDF, Word Form
) along with the chemical listing rather than individual MSDSs. It is recommended that contact is made with your LEPC and Fire Department with jurisdiction over the facility to determine their submission preferences.
MSDS reporting is a one-time requirement. However, you must update the information in all of the following ways:
Submit a revised MSDS after you discover significant new information concerning a hazardous chemical for which an MSDS was submitted.
Submit an MSDS, or a list as described above, for any new hazardous chemical for which you become subject to these reporting requirements.
Submit, as requested by the LEPC, an MSDS for any hazardous chemical present at your facility which you have not already submitted.
Further Information and Contacts
This overview is designed to provide basic information regarding the law and regulations. Throughout this guidance, "you" and "your" refer to the owner or operator of a facility. Please note that the definitions of key words used in this guidance are found in regulation section 370.66. It is important to read the definitions for key words because the definition explains the language specific meaning in the regulations. It is the responsibility of the facility owner or operator to obtain and comply with all reporting requirements.
Content Last Updated on July 1, 2011