Connecticut State Emergency Response Commission

Hazardous Chemical  Reporting Requirement
SDS Reporting

40 CFR Part 370
 
A facility owner or operator must comply with the reporting requirements of 40 CFR part 370 if the Occupational Safety and Health Administration's (OSHA), Hazard Communication Standard requires your facility to prepare or have available a Safety Data Sheet (SDS) formerly known as a Material Safety Data Sheet (MSDS) for a hazardous chemical and if either of the following conditions exist. Please note that throughout this guidance, "you" and "your" refer to the owner or operator of a facility. 
  1. A hazardous chemical that is an Extremely Hazardous Substance (EHS) is present at your facility at any one time in an amount equal to or greater than 500 pounds (227 kg - approximately 55 gallons) or the Threshold Planning Quantity (TPQ), whichever is lower.  EHS and their TPQs are listed in the Final Rule, Appendices A and B of 40 CFR section 355. 
     
  2. A hazardous chemical that is not an EHS is present at your facility at any one time in an amount equal to or greater than the threshold level of that hazardous chemical.  Threshold levels for such hazardous chemicals are
(i) For any hazardous chemical that does not meet the criteria in paragraph 2 (ii) or (iii) of this section, the threshold level is 10,000 pounds (or 4,540 kg).

(ii) For gasoline at a retail gas station, the threshold level is 75,000 gallons (approximately 283,900 liters) (all grades combined).  This threshold is only applicable for gasoline that was in tank(s) entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank requirements at 40 CFR part 280 or requirements of the state UST program approved by the federal Agency under 40 CFR part 281.

(iii) For diesel fuel at a retail gas station, the threshold level is 100,000 gallons (approximately 378,500 liters) (all grades combined).  This threshold is only applicable for diesel fuel that was in tank(s) entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank requirements at 40 CFR part 280 or requirements of the state UST program approved by the federal Agency under 40 CFR part 281.
For purposes of this part, retail gas station means a retail facility engaged in selling gasoline and/or diesel fuel principally to the public, for motor vehicle use on land.  For further information go to the EPA Gasoline and Diesel Fuel Thresholds Frequently Asked questions.  
 
3.  A facility owner or operator must comply with the reporting requirements of
    40 CFR section 370 if the threshold level for responding to the following request
     is zero.
  • If your LEPC request that you submit an SDS for a hazardous chemical for which you have not submitted an SDS to your LEPC; or
  • Your LEPC, SERC, or the fire department with jurisdiction over your facility requests that you submit Tier II chemical inventory information.
Substances Exempt from these Reporting Requirements
40 CFR section 370. 13
You do not have to report substances for which you are not required to have an SDS under OSHA and its implementing regulations, or that are excluded from the definition of hazardous chemicals under EPCRA section 311(e).  Each of the following substances are excluded under EPCRA section 311(e):
 
(a) any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.
(b) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
(c) Any substance to the extent it is used:
 
(1) For personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.  Present in the same form and concentration as a product packaged for distribution and use by the general public means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public;
 
(2) In a research laboratory or hospital or other medical facility under the direct supervision of a technically qualified individual; or
 
(3) In routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.
 
Reporting of Mixtures Containing Hazardous Chemicals
40 CFR section 370.14
 
These provisions state that for a mixture that is a hazardous chemical, a facility may meet the reporting requirements of Section 311 of EPCRA by submitting an SDS for the mixture or an SDS for each hazardous chemical in the mixture.  In lieu of submitting an SDS for the mixture, a facility may submit a list that contains the mixture or the hazardous chemical components in the mixture.  Section 311(a)(3) also states that if more than one mixture at a facility contains the same hazardous chemical, only one SDS or one entry on the list of chemicals is necessary for that hazardous chemicals. Refer to the table found in RIN 2050-AE17, 40 CFR Parts 355 and 370 Final Rule(PDF), under section 370.14 for specifics on how to report mixtures containing hazardous chemicals.  Also EPCRA section 311(a)(3) and 312(a)(3) contain the statutory provisions for reporting of mixtures containing hazardous chemicals.
 
Whom to Submit Inventory Information 
40 CFR section 370.32
  • You must submit an SDS or list as described above, to the LEPC, the SERC, and the fire department with jurisdiction over your facility.
  • You must submit an SDS requested by the LEPC to the LEPC.
When and How to Submit Information
40 CFR section 370.33
 
The owner or operator must submit copies of the SDSs for each hazardous chemical present at your facility that meet or exceed its applicable threshold level; or submit a list of all hazardous chemicals present at your facility at or above the applicable threshold levels. 
  • Submit within 3 months after you first become subject to the reporting requirements of Sections 370.30 and 370.31(b).
  • Submit a revised SDS within 3 months after discovering significant new information about a hazardous chemical for which an SDS was submitted.
  • Submit an SDS requested by the LEPC within 30 days of receiving the request.
    • Use the Connecticut Hazconnect Tier II Manager reporting platform to submit this information.
Further Information and Contacts
Contact
Link, Telephone Numbers, US Address
Relevant Federal Register Notices http://www.epa.gov/emergencies/lawsregs.htm#frplan
EPA list serve - receive periodic updates www.epa.gov/emergenices/newsroom.htm#listservs
Superfund, TRI, EPCRA, RMP, and Oil Information Center   800-424-9346 or 703-412-9810; TDD 800-553-7672 or 702-412-3323
LEPCs including Regional LEPC Database of Chairpersons (Chairpersons' names are updated when the SERC receives formal notification from Town Official).  See list on LEPC webpage.
SERC
860-424-3373
Mailing Address: 
Department of Energy and Environmental Protection
Attn:  SERC
79 Elm Street
Hartford, CT 06106-5127
This overview is designed to provide basic information regarding the law and regulations.  Throughout this guidance, "you" and "your" refer to the owner or operator of a facility.    Please note that the definitions of key words used in this guidance are found in regulation section 370.66.  It is important to read the definitions for key words because the definition explains the language specific meaning in the regulations.   It is the responsibility of the facility owner or operator to obtain and comply with all reporting requirements.
 
Content Last Updated on February 27, 2023