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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.
A summary of West Virginia’s requirements includes the following:
Fees: May apply
Form required: Federal
Reporting agency: West Virginia Division of Homeland Security and Emergency Management
Electronic submission allowed/required: Required