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Under EPCRA Section 312, all facilities that must prepare or have available safety data sheets (SDSs) under OSHA’s Hazard Communication Standard must submit a Tier I or Tier II inventory form. This submission is due annually on March 1.
Under Section 312, there are two categories of regulated substances. First, there are Extremely Hazardous Substances (EHSs) listed in Part 355, Appendix A and B. Second, there are hazardous chemicals - any chemical regulated by OSHA under Hazard Communication, ranging from 55,000 to 60,000 chemicals.
Each state manages Tier II reporting differently. Tier II reporting is required per EPCRA Section 312 for all facilities that must prepare or have available safety data sheets (SDSs) under OSHA’s Hazard Communication Standard. Facilities must submit a Tier II inventory form to the appropriate state implementing agency, although some states have developed their own forms. Some states require paper submissions, but the majority will provide a Tier II reporting website. Many states charge a fee per submission.
40 CFR 355 and 370
The California State Emergency Response Commission (SERC) established Six Emergency Planning Districts having the same boundaries as the six Mutual Aid Regions. The SERC appointed a Local Emergency Planning Committee (LEPC) for each planning district and supervises and coordinates their activities.
Within their region, the LEPCs carry out community right-to-know requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA).
Emergency and hazardous chemical inventory forms and Safety Data Sheets (SDS) are submitted to the Certified Unified Program Agencies (CUPAs) instead of the SERC/LEPCs.
The federal equivalent to the Business Plan program is the EPCRA 311/312 reporting requirements. Owners and operators are required to prepare and have available Safety Data Sheets (SDS) under the Federal OSHA Hazard Communication Standard and must submit an inventory of their hazardous chemicals to the SERC, LEPC, and the local fire department annually on March 1st. This requirement is achieved through compliance with the Business Plan program.
Contact your local CUPA for compliance and questions.