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Applicability of EPCRA 311 / 312 Reporting for Facilities Voluntarily Providing MSDSs

EPCRA Section 311 material safety data sheet (MSDS) reporting and EPCRA Section 312 hazardous chemical inventory reporting requirements apply to any facility that is required by the Occupational Safety and Health Administration (OSHA) to prepare or have available an MSDS for a hazardous chemical and exceeds the applicable minimum threshold level in 40 CFR 370.10(a). Do the EPCRA regulations apply to facility owners or operators who are not required by OSHA to provide MSDSs to customers and employees but voluntarily choose to do so?

If owners or operators choose to provide MSDSs to customers and employees even though they are not required to do so under OSHA, the owners or operators do not need to submit the MSDS or Tier II forms under the EPCRA regulations since these requirements only apply to persons required to prepare or have available MSDSs for hazardous chemicals under OSHA regulations and if the hazardous chemicals are present at or above the reporting thresholds provided in the regulations at 40 CFR 370.10. (October 15, 1987, final rule (52 FR 38344, 38359))