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, or hazard not otherwise classified. Under the OSHA Hazard Communication Standard (HCS), employers must maintain a safety data sheet (SDS) for any hazardous chemical stored or used in the workplace if the hazardous chemical is not exempted by the regulation.
Section 312 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 to submit annually by March 1 an Emergency and Hazardous Chemical Inventory Form to state and local officials and local fire departments. The inventory form comes in three options:
Note that no states currently require the Tier I form. That means states require either a Tier II or state-equivalent form.
Whichever form is used, the information provided 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 for a hazardous chemical AND if either of the following conditions is met:
However, the threshold level is zero if a local emergency planning committee (LEPC), state emergency response commission (SERC), or the fire department with jurisdiction over a facility requests that the owner or operator of the facility submit Tier II information.