EPCRA (Non-Section 313) Amendments and Guidance

Amendments

Section 312

Section  304

Section 302

Sections 302, 304, 311, and 312

Guidance

Amendments

Section 312

Amendments to the Emergency and Hazardous Chemical Inventory Forms - (Tier I and Tier II)

On July 3, 2012, EPA amended the Emergency and Hazardous Chemical Inventory Forms under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA). The amendments add new reporting data elements and revise some existing data elements. The revisions:

  • Respond to stakeholder requests, EPA is proposing to add new data elements to the Tier I and Tier II forms in an effort to make the forms more useful for state, local, and tribal agencies;
  • Make reporting easier for facilities;
  • Provide clarity in reporting while maintaining protection of human health and the environment; and
  • Impose minimal reporting burden on facilities since the data elements are readily available to the facility.

Organizations and facilities subject to section 312 of EPCRA and its implementing regulations found in 40 CFR 370 may be affected by this rule.

Regulation: Hazardous Chemical Reporting: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II) (17 pp, 281K, about PDF)

Fact Sheet: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II) 

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Section 304

Revised Emergency Planning Notification Requirements for Extremely Hazardous Substances (EHS) that are Solids in Solution

On March 22, 2012, EPA revised the way regulated facilities apply the threshold planning quantities (TPQs) for Extremely Hazardous Substances (EHSs) that are non-reactive solid chemicals in solution form.  Facilities with a non-reactive EHS solid in solution are subject to EPCRA section 302, if the on-site amount of a non-reactive EHS solid in solution, when multiplied by 0.2, equals or exceeds the lower published TPQ. This modification of the application of TPQs for non-reactive EHS solids in solution is based on currently available data. This data shows less potential for the solid in solution to remain airborne in the event of an accidental release. EPA is also clarifying that the use of the 0.2 reducing factor used under 40 CFR part 355, should not be used for compliance with reporting requirements under 40 CFR 370.10.

The final rule potentially affects 157 EHS chemicals that are non-reactive solids at ambient temperature, if they are handled by facilities in a solution form. These 157 chemicals appear with two TPQs (the higher TPQ is 10,000 pounds) in Appendices A and B of 40 CFR part 355. Additionally, this rule does not apply for the 12 solid EHS chemicals that are reactive solids (denoted with “a” in the “Notes” column of Appendices A and B of 40 CFR part 355).

FR Notice:  Emergency Planning and Notification; Emergency Planning and List of Extremely Hazardous Substances and Threshold Planning Quantities, Final Rule. 77 FR 16679.  | PDF (10 pp, 253K, about PDF)

Fact Sheet: Final Rule for Extremely Hazardous Substances (EHS) and Threshold Planning Quantities (TPQs) for Solids in Solutions

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Section 302

Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms

EPA announced a final rule to provide an administrative reporting exemption for releases to the air from animal waste at farms of any hazardous substance at or above the reportable quantity for those hazardous substances. These reports are unnecessary because there is no reasonable expectation that a federal response would be made as a result of such reports. The final rule reduces the burden of complying with Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In addition, to a limited extent the final rule reduces EPCRA reporting requirements. This rule is effective January 20, 2009.

Regulation: CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms  | PDF (13 pp, 226K, about PDF)

Fact Sheet: CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms 

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Sections 302, 304, 311, and 312

Final Amendments to EPCRA Regulations

EPA finalized several changes to the Emergency Planning (Section 302), Emergency Release Notification (Section 304) and Hazardous Chemical Reporting (Sections 311 and 312) regulations that were proposed on June 8, 1998 (63 FR 31268). These changes include clarification on how to report hazardous chemicals in mixtures, and changes to Tier I and Tier II forms. Additionally, the rules now use a question and answer format. Facilities subject to EPCRA reporting, State Emergency Response Commissions (SERCs), Local Emergency Planning Committees (LEPCs) and fire departments should become familiar with the amendments. This final rule is effective on December 3, 2008.

Regulation: Emergency Planning and Community Right-to-Know Act; Amendments to Emergency Planning and Notification; Emergency Release Notification and Hazardous Chemical Reporting, Final Rule | PDF (33 pp, 322 K, About PDF)

Fact sheet: Amendments to Emergency Planning and Notification; Emergency Release Notification and Hazardous Chemical Reporting. 40 CFR Parts 355 and 370

On March 26, 2009, EPA corrected a technical error that appeared in the November 3, 2008, final rule published on Tier II inventory information. | PDF (2 pp, 136 K, About PDF)

This final rule is effective on March 26, 2009.

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Older EPCRA Federal Register Notices

Past EPCRA Federal Register notices covering emergency planning and notification, and hazardous chemical reporting are available from 1987-2006. See: Older EPCRA Federal Register notices.

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Guidance

Revisions to the Occupational Safety and Health Administration Hazard Communication Standards (HCS)  Issued: July 2012

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Reporting Options for Sections 311 and 312 and Interpretations

EPA provided draft guidance in the preamble to the June 8, 1998, proposed rule (63 FR 31268) to streamline the reporting requirements for facilities under sections 311 and 312 of EPCRA. EPA did not propose any regulatory changes, but sought comments on the reporting options. EPA is now providing guidance on the reporting options. The objective for this guidance is also to provide state and local agencies with flexibility in implementing sections 311 and 312 of EPCRA.

Guidance on Reporting Options for Sections 311 and 312 and Interpretations (PDF) (8 pp, 204K, about PDF)

Fact Sheet: EPCRA Guidance on Reporting Options for Sections 311 and 312 and Some Interpretations

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