An official website of the United States government.

This is not the current EPA website. To navigate to the current EPA website, please go to www.epa.gov. This website is historical material reflecting the EPA website as it existed on January 19, 2021. This website is no longer updated and links to external websites and some internal pages may not work. More information »

LEPC request for MSDS for substance not defined as a hazardous chemical

Under Section 311, (40 CFR §370.10(b)), a local emergency planning committee (LEPC) can request a material safety data sheet (MSDS) from a facility for a hazardous chemical which is present at the facility below 10,000 pounds.  Would the facility need to supply an MSDS to the LEPC if the material in question was not a hazardous chemical as defined under 40 CFR §370.66?  For example, could an LEPC request that facility submit an MSDS for a chemical which is used in a research laboratory under the direct supervision of technically qualified individual?

The LEPC can only request the MSDS for a substance which defined as a hazardous chemical under 40 CFR §370.66.  Since a substance used in a research laboratory under the direct supervision of a technically qualified individual is not a hazardous chemical as defined by 40 CFR §370.66, the facility does not need to submit the MSDS for this substance to the LEPC.