Is the submission of a Tier II form an acceptable method of reporting a list of hazardous chemicals grouped by hazard category under Section 311 of EPCRA?

Section 311 of EPCRA requires facilities to submit copies of Material Safety Data Sheets (MSDSs) or a list of hazardous chemicals grouped by hazard category for those chemicals present above an applicable threshold. The language "grouped by hazardous category" in the regulations means that the facility needs to submit a list of hazardous chemicals with each of the hazard categories identified. Since the Tier II form would certainly contain at least as much information as a list of hazardous chemicals grouped by hazard category it would be an acceptable submission for a list of MSDS chemicals under Section 311. Since Section 312 report is due by March 1 for information from the previous calendar year, some facilities may submit their report between January 1 and March 1. In guidance published on July 13, 2010 (75 FR 39852) EPA provided that States may allow facilities to submit section 312 report for hazardous chemicals that they acquire between October 1 and December 31 of any given calendar year. In order to be in compliance with section 311 reporting requirements, facilities are required to submit their section 312 report three months after acquiring a new hazardous chemical above the reporting threshold.