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EPCRA Chemical Storage Reporting to Increase Under New EPA Regulation

Beginning January 1, 2014, businesses subject to EPA’s Tier I and Tier II EPCRA hazardous chemical storage inventory reporting requirements will be required to submit more detailed information as part of a new EPA final rule recently published in the Federal Register, 77 Fed. Reg. 41,300 (July 13, 2012).

Under current Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA), 40 CFR Part 370, facilities must submit an annual inventory report to the local fire department, the Local Emergency Planning Commission (LEPC), and the State Emergency Response Commission (SERC), if the facility stores: (1) hazardous chemicals for which an OSHA Material Safety Data Sheet (MSDS) is required in a quantity above 10,000 lbs.; (2) extremely hazardous substances above 500 lbs. (or a potentially lower threshold planning quantity (TPQ), whichever is lower); or (3) gasoline or diesel fuel above certain thresholds.

EPA’s new annual inventory reporting rule will add further burdens to businesses, including reporting on:

  • Whether the facility storing the chemicals is manned or unmanned;
  • The maximum number of employees who may be present at the facility at any one time;
  • Contact information for the facility’s emergency coordinator as well as email addresses for the owner/operator and emergency contact;
  • The Latitude and Longitude of the storage sites for Tier II reporting; and
  • Separate data fields for mixtures in comparison with pure chemicals under the Tier II reports.

If your business is subject to the Tier I and Tier II EPCRA chemical storage annual inventory reporting, plan to pay close attention to the new requirements.