The Environmental Protection Agency (EPA) issued a final technical amendment to 40 CFR Part 370, in June 2016 which aligns the hazardous chemical reporting regulations to the changes in the Occupational Safety and Health Administration’s (OSHA) Hazcom 2012.
These changes have a compliance date of January 1, 2018, and affect reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA), sections 311 and 312.
Section 311 of EPCRA requires facilities to submit a SDS or a list of hazardous chemicals grouped by categories of physical and health hazards. Section 312 of EPCRA requires facilities to submit an emergency and hazardous chemical inventory form yearly by March 1.
Prior to the change in 2012, the hazard communication regulations (OSHA) were performance oriented, and did not specify the language/description or format that the company had to use. Once the hazard communication regulations were updated, stakeholders requested that EPA align the wording to be consistent with the new OSHA Hazcom 2012 regulations.
Some of the changes in 40 CFR Part 370 include:
- Technical terms have been updated (i.e., Material Safety Data Sheet to Safety Data Sheet)
- The definition of Hazard Category has been updated
- The “Five categories” (Fire/Sudden release of pressure/Reactive/Immediate acute and Delayed-chronic) have been changed to match the physical and health hazards outlined the Hazcom 2012
- The Tier I and Tier II inventory forms are modified
- Tier 2 Submit, the software will be updated, and EPA is providing flexibility for states to modify their software by January 2018
Look for these changes to be found in Section 15 of your Safety Data Sheets in the near future.
Contact ICC Compliance Center for more information, or if you need help updating your SDSs.