According to OSHA, the term “hazardous chemical” means any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified. Under the OSHA Hazard Communication Standard (HCS), employers must maintain a safety data sheet (SDS) or material safety data sheet (MSDS) for any hazardous chemical stored or used in the workplace if the hazardous chemical is not exempted by the regulation. Among other things, these data sheets describe the properties and health effects of the hazardous chemicals.
Section 311 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and EPA regulation 40 CFR 370 require facilities that are required to keep SDSs/MSDSs to submit copies of these data sheets or a list of these chemicals to state and local officials and local fire departments under certain conditions. This information helps states and communities develop a broad perspective of chemical hazards for the entire community, as well as individual facilities. It also helps local fire departments better understand what is needed to fight a fire or chemical release at a covered facility.
The facility owner or operator must comply with the reporting requirements of 40 CFR 370 if OSHA’s HCS at 29 CFR 1910.1200 requires the facility to prepare or have available an SDS or MSDS for a hazardous chemical AND if either of the following conditions is met:
However, the threshold level is zero if the local emergency planning committee (LEPC) requests that the owner or operator of the facility submit an SDS or MSDS for a hazardous chemical for which the facility has not submitted an SDS or MSDS to the LEPC.