Hazardous Chemicals Checklists eBook Volume 1

COMPLYING WITH ENVIRONMENTAL, HEALTH AND
SAFETY REQUIREMENTS FOR ACTIVITIES INVOLVING

HAZARDOUS CHEMICALS
THE FIRST BOOK IN A THREE-PART SERIES EXPLAINING THE

01

REGULATIONS TRIGGERED WHEN your organization acquires
and uses chemicals. LEARN ABOUT dozens of environmental,
health and safety (EH&S) provisions intended to ensure that
those chemicals are managed safely.
bY jON eLLIOTT BSE, MPP JD

introduction
When your organization acquires and
uses chemicals, it triggers dozens of
environmental, health and safety (EH&S)
provisions intended to ensure that those
chemicals are managed safely. Since
there is no unified chemical-handling
law, the first and only place these
compliance requirements come together
is at regulated organizations – and in
your hands, if you have EH&S compliance
responsibilities.
Exactly which provisions apply to your
activities depend on which chemicals,
how much, and how you use them. This
eBook is the first of three, which together
identify the range of EH&S requirements
covering chemical acquisition, chemical
use, and post-use management of
chemical wastes. They provide an
organized approach to evaluating
which EH&S requirements apply to your
operations, and briefly summarize the
types of compliance requirements your
organization is likely to face. They provide
convenient Self-Assessment Checklists
with each section, and outline a calendar
for scheduling compliance activities.

- Right to Know: Worker Protection

and Right to Know provisions,

and Emergency Planning and
Community Right to Know
provisions

• Volume II: Onsite Storage and
Management
-

Fire and Building Codes

- Hazardous Materials
Transportation
-

Facility Security Requirements

-

Underground Storage Tank
System Requirements

• Volume III: Waste and Emission
Management, and Calendar
-

Hazardous Waste Management

-

Air Quality Protection

-

Water Quality Protection

- Consolidated Compliance
Calendar

Together, these three volumes present the
following information:

Jon F. Elliott, BSE, MPP, JD

•

California 2013

Volume I:
- introductory summary of US

federal laws and regulatory
agencies

2

EHS Hazardous Chemical Checklists / eBook Volume 1

contents
Introduction 3
Which Agencies and Laws Address Chemicals

4

Pre-screening Hazardous Materials Before Marketing

4

Safe Handling and Storage Requirements

5

Community Right-to-Know

5

Waste Management

5

Protecting Environmental Media

6

How do EH&S Laws Address Chemicals?

6

Self-Assessment Checklist 1 (Chemicals)

7

Worker Protection and Right To Know

8

General Duty Clause

8

Hazard Communication Standard

8

Additional Standards for Chemical Classes and

12

Specific Chemicals
Recording and Reporting Occupation Injuries

13

and Illness
Self-Assessment Checklist 2 (OSHA)

15

Emergency Planning and Community

16

Right-to-Know Act
Emergency Planning Involving Extremely Hazardous

16

Substances (EHSs)
Reporting EHS Releases
Reporting Hazardous Substances in the Workplace

18

Self-Assessment Checklist 3 (Emergency Planning)

21

About the Author


17

Reporting Annual Toxic Chemical Releases

3

16

22

WHICH AGENCIES
AND LAWS ADDRESS
CHEMICALS?
A variety of federal, state and even regional or local laws apply EH&S
requirements to chemicals. Each requirement is assigned to at least one
agency to administer and enforce – most federal laws allow for delegation
of some or all responsibilities to state agencies, and some state laws allow
for delegation to local agencies. You may need to refer to agencies at all
three levels (federal, state and regional/local) to identify your regulators
and their requirements – although many organizations only deal with the
agency responsible for permitting and inspecting day-to-day activities.
The following U.S. federal laws and agencies are discussed throughout
these eBooks:
Pre-screening Hazardous Materials Before Marketing
Federal and state laws require chemical manufacturers and importers to
submit information to agencies that pre-screen products to determine
whether they can be sold in the U.S., and to establish clear and useful
labeling. Unless your organization is a chemical manufacturer or
importer, you are not regulated by such laws – instead, they serve you as
“consumer protection” measures, by providing basic levels of chemical
safety and information in products available for purchase and use.
Because these eBooks focus on widely-applicable provisions, these sets of
requirements are outside their scope, except to reference the source for
requirements that do apply more broadly:
•

Chemical safety
-

-

4


Federal Toxic Substances Control Act (TSCA) requiring
manufacturers and importers to evaluate products containing
chemicals (pure and mixtures) and provide labels and guidance
for safe use (note that California is developing controversial
“green chemistry” requirements to supplement TSCA)
U.S. Environmental Protection Agency (EPA), providing
nationwide screening of new/modified chemical products, and
enforcing compliance with labeling responsibilities, and
prohibitions against imports or use of banned chemicals

•

Product labeling
-

Federal Hazardous Substances Act, Consumer
Product Safety Act, and specialized federal
labeling laws, and state copycats

- Federal Consumer Product Safety Commission

(CPSC), setting and enforcing national
standards
•

Pesticide registration and application
-

•

-

•

Federal Occupational Safety and Health
(OSH) Act requiring employers to provide
safe and healthful workplaces, to protect
workers (employees and contractors)

Community Right-to-Know
• Emergency Planning and Community Right-toKnow
-

EPA, State Emergency Response Commissions,
and Local Emergency Planning Committees

Hazardous Materials Transportation
- Federal hazardous materials transportation

law, Hazardous Materials Regulations (HMR)

and related mode-specific transportation
regulations
-

•

Emergency Planning and Community Right-
to-Know Act (EPCRA; also known as “SARA
Title III”)

-

- Occupational Safety and Health

Administration (OSHA) and OSH agencies in

“state plan states” delegated to perform OSHA
functions
•

Safety plans required at facilities shipping
specified quantities of hazardous materials;
“chemical facilities” subject to Chemical
Facility Anti-Terrorism Standards (CFATS)

- PHMSA; Department of Homeland Security
(DHS)

Safe Handling and Storage Requirements:
-

Facility Security requirements
-

Federal Insecticide Fungicide and Rodenticide
Act (FIFRA), and state pesticide laws

Worker safety and right-to-know

Federal UST law, state UST laws

- EPA, setting national standards and either

enforcing them or overseeing delegated state
agencies

- EPA and state agencies

•

Underground Storage Tanks (UST) construction
and use

US Department of Transportation (DOT) units,
including Pipeline and Hazardous Materials
Safety Administration (PHMSA) which issues
HMR, Federal Motor Carrier Safety
Administration (FMCSA) and other mode-
specific DOT units, and state motor vehicle
and law enforcement agencies

Waste Management:
• Non-hazardous waste management
-

- EPA, state and local solid waste management
agencies
•

Hazardous waste management
-

Local Building and Fire Codes
- International Building Code (IBC), and state

and local building codes

Solid Waste Disposal Act (SWDA), state and
local non-hazardous waste management laws

Resource Conservation and Recovery
Act (RCRA) and state hazardous waste
management laws

- EPA and delegated (“authorized”) state
agencies
•

Medical waste management

- International Fire Code (IFC), and state and

local fire codes

State medical waste management laws (no US
federal law)

- State building officials and fire marshals,

and local building and fire protection and

response agencies (no general US federal
requirements)
5

-

-

State/local agencies


Protecting Environmental Media:

•

Air quality

-

- Hazardous materials transportation

requirements – getting materials to the

workplace; container labeling and packaging
requirements

Federal Clean Air Act (CAA) and state laws

- EPA, setting national standards and

overseeing state and regional/local air quality
agencies
•

-
-

EPA, setting national standards and
either enforcing them or overseeing
delegated state agencies, some of which
further delegate to regional/local water
quality agencies (including agencies with
storm water management authority, and
local sewer agencies operation publicly
owned treatment works (POTWs))

•

•

HOW DO EH&S
LAWS ADDRESS
CHEMICALS?

•

6

Worker protection requirements – obtaining
Material Safety Data Sheets (MSDSs) or Safety


Fire code standards for construction, signs,
and quantity limits
Worker protection requirements for signs,
access and egress

Chemical movement from storage to use location
-

•

Worker safety requirements for onsite
handling of materials

Chemical use
-

Building and fire code standards, for volumes
and types of hazardous materials, and types
of use

-

Environmental controls, for air and water

-

•

Worker safety requirements triggered
by potential chemical exposures, which
may include general information and
training requirements (e.g., Hazard
Communication Standard, Laboratory
Standard), general technical standards (e.g.,
ventilation, PPE), specific requirements for
types of uses (e.g., dipping and coating,
spray finishing), and/or specific requirements
for specific chemicals (e.g., benzene)

-

Chemical acquisition
-

Building code standards for construction,
signs, and quantity limits

-

Each EH&S law is designed to provide protections
against hazards, and many cover physical and
biological hazards posed by some aspect of chemical
handling. Because these laws are fragmented,
you must consider which laws may apply to each
stage of each activity that involves each chemical
involved in your activities. These include:
•

Chemical storage (in central inventory, or in
smaller inventory locations at individual worksites
at a facility)

-

Federal Safe Drinking Water Act (SDWA)

- EPA, setting national standards and either

enforcing them or overseeing delegated state
agencies

Worker safety requirements for loading
docks, offloading and onsite movement of
materials, including personal protective
equipment (PPE)

-

Drinking Water Quality
-

Hazardous materials transportation
requirements for offloading

-

Federal Clean Water Act (CWA) and state laws

Chemical receiving/off-loading and onsite
transport to inventory/storage
-

Water Quality

•

Data Sheets (SDSs)

Waste capture requirements to facilitate
waste management

Management of chemicals in products

-

-
•

Labeling and packaging requirements
Transportation requirements

- Air emission and wastewater discharge

requirements to protect ambient air and water
quality.

Management of wastes and emissions
-

Non-hazardous, hazardous and medical waste
management requirements, onsite and offsite

(as applicable)

SELF-ASSESSMENT
CHECKLIST 1

Chemicals

The first step toward compliance with chemical-based requirements is to develop
a thorough inventory of chemicals in each workplace, and procedures to update
that inventory as chemicals are purchased and used.
Has the organization identified all chemicals it uses, in each of its workplaces?
•

If the organization manufactures or imports chemicals, has it prepared
a Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) for each
chemical?

•

If the organization is an end-user of chemicals purchased from other
organizations, has it obtained a MSDS/SDS for each chemical?

Has the organization identified where and how each chemical is used, the types of
actual or potential exposures involved with each chemical, and each employee or
contractor who is or may be exposed to the chemical? Y/N

7


Yes No

WORKER
PROTECTION AND
RIGHT TO KNOW
The federal OSH Act and OSHA standards provide a
wide variety of requirements for employers, some of
which apply generally across many types of workplaces,
while others are tailored to specific activities. Most
requirements are triggered by the presence of any
amount of a targeted chemical in the workplace, with
additional requirements applicable if quantities of
chemicals, airborne concentrations, and/or types of
exposures exceed specified threshold limits.

•

Compliance: a system for ensuring that employees
comply with safe and healthful work practices;

•

Communication: a system for communicating
occupational safety and health information in readily
understandable forms to employees;

•

Hazard Assessment: a system for identifying and
evaluating workplace hazards, including periodic
inspections;

•

Accident/Exposure Investigation: procedures for
investigating reported workplace injuries and
illnesses;

•

Hazard Correction: methods and procedures
for timely correction of unsafe and unhealthful
conditions and work practices;

•

Training and Instruction: training for all new and
reassigned employees in safe and healthful work
practices; and

•

Record keeping: retention of most IIPP-related
compliance records for at least one year.

General Duty Clause
Employers owe a “general duty” to all their employees, to
do the following:
•

•

Furnish employment and a place of employment
free from recognized hazards that are causing or
are likely to cause death or serious physical harm to
employees; and
Comply with all applicable standards, rules, and
orders.

These points do not merely require compliance with
specific standards already adopted and enforced by
OSHA. The first point requires employers to identify and
abate potential hazards that are not yet covered by OSHA
or state standards. There are no mandatory national
standards for doing so, although OSHA has promulgated
voluntary Safety and Health Program Guidelines, and
during 2013 is continuing to develop a mandatory
Injury and Illness Prevention Program (I2P2) Standard.
A number of states already impose such requirements;
for example, California requires that each employer’s
program (which California refers to as “IIPPs”) contain the
following elements:
•

8

Responsibility: identify the person(s) responsible for
implementing the IIPP;


Chemical hazards and protections are important topics
for these programs, along with physical hazards from
electricity, moving equipment, falls, etc.
Hazard Communication Standard
If you have employees who handle chemicals,
you’re almost certainly subject to OSHA’s Hazard
Communication Standard (HCS). HCS requires chemical
manufacturers and importers, and employers using
hazardous chemicals (end users), to inform employees
of the risks of workplace exposures to their chemicals.
OSHA revised and expanded these requirements last
year, culminating six years of domestic rulemaking and
catching up with twenty years of international work
alongside other countries on the Globally Harmonized
System of Classification and Labeling of Chemicals (GHS).
Employers could comply with these changes as early
as their effective date of May 25, 2012, and must do so
by a series of phase-in deadlines during 2013 through
2016. States with delegated programs are adopting
conforming changes. OSHA’s revised requirements (and
applicable compliance deadlines) are as follows:

•

Defining Hazardous Chemicals and
Substances

HCS requires employers to address “hazardous
chemicals,” which present “health hazards” and/
or “physical hazards.” As expanded in 2012, these
definitions now cover:
•

•

Health hazards are any of the following
hazardous effects: acute toxicity (any route of
exposure); skin corrosion or irritation; serious
eye damage or eye irritation; respiratory or
skin sensitization; germ cell mutagenicity;
carcinogenicity; reproductive toxicity; specific
target organ toxicity (single or repeated
exposure); or aspiration hazard.
Physical hazards are any of the following
hazardous effects: explosive; flammable (gases,
aerosols, liquids, or solids); oxidizer (liquid, solid
or gas); self-reactive; pyrophoric (liquid or solid);
self-heating; organic peroxide; corrosive to metal;
gas under pressure; or in contact with water emits
flammable gas.

However, exemptions apply to several categories
of chemicals covered by other EH&S requirements
(including a number addressed in these eBooks):
articles; hazardous wastes (see below); tobacco or
tobacco products; wood or wood products; food,
drugs, or cosmetics in their final form for consumer
use, and/or onsite intended for an employee’s
personal use; consumer products packaged for the
general public, provided that employee exposure
to the product is not significantly greater than the
consumer exposure during normal use; hazardous
substances subject to remedial or removal actions
under Superfund; nuisance particulates that do
not pose a physical or health hazard; ionizing and
nonionizing radiation; and biological hazards.
HCS also defers to labeling requirements in several
other labeling laws and regulations, including:
pesticides regulated by FIFRA (see below), and
agricultural or vegetable seeds treated with
pesticides and labeled under the Federal Seed Act;
“chemical substances” and “mixtures” as defined
by the Toxic Substances Control Act (TSCA); food,

9


food additives, drugs, cosmetics, and medicinal or
veterinary devices or products regulated under the
Federal Food, Drug and Cosmetic Act; alcoholic
beverages subject to regulation by the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF);
and consumer products or hazardous substances
regulated by the Consumer Product Safety Act or
Hazardous Substances Act.
•

Hazard Determination

HCS requires employers to undertake a “hazard
determination” to identify and characterize
hazards posed by chemicals in their workplaces.
Manufacturers and importers are subject to
more exhaustive requirements than are end
users. Manufacturers and importers of hazardous
chemicals evaluate and classify them according to
the hazard types identified above. A manufacturer
or importer generally is not required to conduct
testing if it can evaluate hazards without testing,
for example by relying on information for individual
constituents in a hazardous mixture (prepared for
TSCA compliance and summarized in Material Safety
Data Sheets (MSDSs) and Safety Data Sheets (SDSs);
see next bullet). They must consider as hazardous
any substance that is: on OSHA’s air contaminant
lists (see below); subject to a threshold limit value
(TLV) established by the American Conference of
Governmental Industrial Hygienists (ACGIH); or
recognized nationally as a carcinogen. HCS provides
criteria for determining whether a chemical is
hazardous. For mixtures, employers must consider
all constituents that meet either of the following
descriptions:
•

Make up 1% or more of the mixture or product;
or are designated as carcinogenic by OSHA and
make up at least 0.1% of the mixture or product;
or

•

Make up less than these proportions, but
could be released in concentrations that
would present a health hazard to workers (e.g.,
exceed permissible exposure limit (PEL), shortterm exposure limit (STEL), or other workplace
exposure limit.

End-use employers who use these chemicals
are subject to similar requirements, but may rely
on MSDSs/SDSs supplied by the manufacturer
or importer, instead of performing their own
evaluations. Most end-use employers do so.
•

Summarizing information on Material Safety
Data Sheets and Safety Data Sheets

Since 1983, MSDSs have been the most basic source
of hazardous chemical information. HCS has required
chemical manufacturers and importers to develop
or obtain an MSDS for each hazardous chemical.
Extensive standards describe the type of information
that should be presented, and less clear guidance
about the scope and presentation of this information.
OSHA does not mandate any particular format for
MSDSs. MSDSs are to be superseded by SDSs, no
later than June 1, 2015. Since both requirements are
presently ‘live,’ here are summaries of each.
MSDS. OSHA requires each MSDS to provide at least
the following information:

precautions, control measures, and emergency
and first aid procedures; and
•

Name, address, and telephone number of the
person who prepared the MSDS, and the date of
its most recent version.

SDS. Effective May 25, 2012, HCS provides rules for
chemical manufacturers to obtain or develop an
SDS for each chemical they produce or import, and
requires employers to have an SDS in the workplace
for each chemical present. Each SDS must provide
information in the following 16 numbered sections:
1. Identification;
2. Hazard(s) identification;
3. Composition/information on ingredients;
4. First-aid measures;
5. Fire-fighting measures;
6. Accidental release measures;

•

Chemical identity, as used on the container label;

•

Chemical and common name(s), for a pure
chemical and for an entire mixture that has been
tested as a whole to determine its hazards;

7. Handling and storage;

For mixtures that have not been tested as a
whole, the chemical or common name of each
ingredient that meets any of the following tests:

9. Physical and chemical properties;

-

Poses a health hazard and appears in
concentration of 1 percent or more;

11. Toxicological information;

-

Is a carcinogen, and appears in concentration
of 0.1 percent or more;

-

Poses a health hazard, and could be released
in a concentration that would exceed an
OSHA PEL or a TLV adopted by ACGIH; or

-

Poses a physical hazard in the mixture.

•

•

Physical and chemical characteristics of the
hazardous ingredients (e.g., flash point, vapor
pressure), and any physical hazards (e.g.,
flammability, reactivity, and potential for
explosion);

•
•

Exposures limits (such as PELs, TLVs);

•

Whether or not any hazardous ingredient is a
carcinogen or potential carcinogen;

•
10

Health hazards, including exposure symptoms
and primary exposure route(s);

Any applicable safe-handling and -use


8. Exposure controls/personal protection;

10. Stability and reactivity;

12. Ecological information;
13. Disposal considerations;
14. Transport information;
15. Regulatory information; and
16. Other information, including date of preparation
or last revision.
The 2012 HCS revisions also adopt a new appendix D
with specific information about each section.
•

Labeling

Each chemical manufacturer or importer must ensure
that each container of hazardous chemical is labeled,
tagged, or marked. As of May 25, 2012, HCS requires
the following information (although compliance
with these new requirements can be delayed by
distributors shipping containers until December 1,

2015, and by employers who use alternative
workplace labeling schemes until June 1, 2016):

be exposed; and
•

Employee rights as designated in the federal
OSH Act, which can be asserted without fear of
retaliation or discharge.

•

Product identifier;

•

Signal word;

•

Hazard statement(s);

Employee training must include at least the following:

•

Pictogram(s);

•

•

Precautionary statement(s); and,

Methods to detect a release of hazardous
substances into the work area;

•

Name, address, and telephone number of the
chemical manufacturer, importer, or other
responsible party.

•

Physical and health hazards of substances in the
work area;

•

Measures employees could take to protect
themselves from exposures, including
appropriate work practices, emergency
procedures, and use of PPE; and

•

Explanations of the employer’s hazard
communication program, including MSDSs/SDSs,
workplace labeling, and methods of obtaining
and using appropriate hazard information.

The 2012 revisions amend specific requirements, and
provide details in a new appendix C. The revised HCS
also requires this include the hazard class in English
(plus other language(s) as appropriate).
Limited exceptions are available. First, employers
may use signs, placards, process sheets, batch tickets,
operating procedures, or other similar materials for
stationary process containers. Second, employers
are not required to label portable containers into
which an employee transfers a hazardous substance
from a labeled container for immediate use during
his or her shift. Third, as summarized above, other
regulatory requirements supersede these for
specified categories of chemicals, such as pesticides
and hazardous waste.
Information and Training
Employers must provide information and training
to all employees who will work with or be exposed
to “effective” hazardous substances, when the
employees receive their first work assignment, and
again whenever a new chemical hazard is introduced
into their workplace. Employees must be informed of:

Employers may address classes of hazards (e.g.,
all flammables) rather than target each and every
hazardous chemical in the workplace separately.
However, a separate MSDS/SDS must be maintained
for each chemical. Employers must begin to train
employees regarding Safety Data Sheets and revised
labeling requirements no later than December 1, 2013
– but keep in mind that SDSs began to reach endusers in May 2012, so training that excludes them may
not actually tell employees about available hazard
information.
Written hazard communication programs
Employers must develop, implement, and maintain
at each workplace a written hazard communication
program. These requirements are not affected by
the 2012 amendments, except to replace MSDS with
SDS. Programs must include elements addressing the
following:

•
•

Operations in their work area involving the
presence of hazardous chemicals (including
physical and health hazards, and (effective May
25, 2012) simple asphyxiation, combustible dust,
pyrophoric gas, and “not otherwise classified”
hazards);

•

Labels and other workplace warnings;

•

MSDS/SDS availability;

•

Employee information and training;

•

List of hazardous chemicals in the workplace,
referencing MSDSs/SDSs;

•

Location and availability of the employer’s written
hazard communication program, including
chemical lists and MSDSs/SDSs;

•

Methods to inform employees about the hazards
of nonroutine tasks; and

•

11

Requirements of HCS;

Rights of employees, their physician and
representative to receive information regarding
hazardous substances to which employees may

•

Hazards associated with chemicals in unlabeled
pipes.


OSHA’s inspection and citation policy requires that
these programs designate persons responsible for each
compliance task. In multi-employer workplaces, where
employees of other employers (such as subcontractors)
may be exposed, each employer responsible for
hazardous chemicals must provide written procedures
to inform and warn these other employers and their
employees of the hazards present.
Additional Standards for Chemicals Classes and
Specific Chemicals

of the airborne concentration of the contaminant at
any time during a workday; and
•

Ceiling limit: total airborne concentration that must
never be exceeded.

If an employer determines through workplace air
monitoring that employees’ exposures would exceed
the limits, the employer must reduce employee
exposures below the limits, using the following means,
in the following order or preference:

For many of the tens of thousands of chemical products
used in American workplaces, HCS – plus the Employer’s
General Duty Clause – may provide the employer’s
only specific responsibilities. Because HCS applies
to virtually all chemicals, it takes a “one size fits all”
approach to chemical information and training, leaving
employers to tailor their individual programs to suit
their circumstances … or not.

•

Administrative controls, which include practices
such as work scheduling and procedures;

•

Engineering controls, which include ventilation,
equipment design, and facility management; and

•

PPE for workers.

In the four decades since enactment of the OSH Act,
however, OSHA has issued:

OSHA also regulates the use of 28 specified carcinogens
in workplaces. These requirements cover workplaces
where any regulated carcinogen is manufactured,
processed, repackaged, released, handled, or stored.

•

•

General standards for types of exposures, including
workplace air contaminants, carcinogens, and
flammable liquids; and
Specific standards for a handful of specific chemicals

Air contaminants
OSHA’s Air Contaminants Standard regulates chemicals
that have the potential to contaminate ambient air
in workplaces. This standard is designed to protect
employees from both immediate and long-term
consequences of exposures to airborne chemicals
and particulate contaminants in workplace air. OSHA
identifies hundreds of air contaminants in several “Z
lists.” These include volatile industrial solvents like
benzene, ethyl alcohol, and chloroform; toxic metal
dusts; fumes of lead, chromium, mercury, and others;
as well as “nuisance dusts” and other particulates like
silica. Because of the breadth of the lists nearly most
workplaces contain at least one of the contaminants.
Employers must prevent employee exposures to air
contaminants at levels that would exceed applicable
standards. OSHA uses several methods to determine
acceptable concentration levels, including:
•
•
12

PEL: the maximum eight-hour weighted average of
the airborne concentration of the contaminant;
STEL: the maximum 15-minute weighted average


Carcinogens

OSHA imposes identical requirements on 13 regulated
carcinogens listed in its Carcinogen Standard:
4-Nitrobiphenyl, alpha-Napthylamine, Methyl
chloromethyl ether, 3,3 -Dichlorobenzidine (and its
salts), bis-Chloromethyl ether; beta-Napthylamine,
benzidine, 4-Aminodiphenyl, ethyleneimine,
beta-Propiolactone, 2-Acetylaminofluorene,
4-Dimethylaminoazobenzene, and
N-Nitrosodimethylamine. Additional carcinogens are
regulated separately. Mixtures with small enough
concentrations of these regulated carcinogens are
exempt
Employers with any regulated carcinogens in their
workplaces must do at least the following:
•

Establish formal regulated areas where carcinogens
are used;

•

Establish and implement protective measures
covering handling and use of carcinogens;

•

Provide signs and information;

•

Protect regulated areas;

•

Establish emergency procedures for regulated areas;

•

Provide training and indoctrination to employees
who enter regulated areas; and

Additional Standards for Specific Chemical-Using
Activities

•

Provide medical surveillance to monitor possible
health effects on employees who work with
carcinogens (including initial medical examination
and periodic examinations at least annually
thereafter).

Additional OSHA Standards target classes of activities
that involve extensive handling of particular chemicals
or classes of chemicals. The standards typically
include:
•

Design and construction standards for equipment
and devices

•

Engineering requirements for workplaces (e.g.,
ventilation)

•

Administrative controls, including self-inspections,
work practices, and housekeeping

A number of OSHA Standards target all the chemicals
and substances within a particular class of hazards.
Most such standards include general requirements
applicable to that class of hazard, including design
specifications for storage and/or use equipment,
handling requirements, and housekeeping. These
class-based standards include the following:

•

Practices for the chemical-using activities

•

Training and other information (e.g., labels)

•

Welding

•

Flammable liquids (i.e., flash point below 199.4 oF
(93 oC))

•

Dipping and coating operations

•

Explosives and blasting agents

•

Spray finishing using flammable and combustible
materials

•

Liquid petroleum gases

•

Laboratory safety

•

Hazardous compressed gases (e.g., hydrogen,
acetylene)

•

(Chemical) process safety management (PSM)

•

Hazardous waste operations and emergency
response (HAZWOPER)

These elements should be addressed in a written
compliance program covering the use of each
carcinogen. OSHA revised hazard communication
provisions of these standards to conform to its 2012
HCS revisions, discussed above.
Additional Chemicals, by Class of Hazards

•

Bloodborne pathogens

Other Specific Chemicals
Additional standards cover specific chemicals,
including anhydrous ammonia, asbestos, vinyl chloride,
inorganic arsenic, lead, cadmium, benzene, coke oven
emissions, cotton dust, 1,2-dibromo-s-chloropropane,
acrylonitrile, ethylene oxide, formaldehyde, hexavalent
chromium, methlenedianiline, 1,3-butadiene, and
methylene chloride. If any of these are present in a
workplace where employees might be exposed, the
employer must establish evaluation, monitoring,
control, and medical surveillance programs similar to
those described above for carcinogens. OSHA revised
hazard communication provisions in these standards
to conform to its 2012 HCS revisions.

13


Standards applicable to categories of chemical-using
activities include:

Recording and Reporting Occupational Injuries
and Illnesses
OSHA requires employers to prepare and maintain
records of occupational injuries and illnesses (I&Is), and
to make selected information available to employees
and/or agencies. Most employers must maintain
a Log and Summary of Occupational Injuries and
Illnesses (Log and Summary), using OSHA Form 300
or an equivalent for the Log, and OSHA Form 300A for
the Summary. Recordable occupational injuries and
illnesses include:
•

Fatalities, regardless of the time between the
injury or illness and death

•

Cases that involve any lost workdays

•

Nonfatal cases without lost workdays, but
result in transfer to another job or termination
of employment, or require medical attention
beyond first aid, or involve loss of consciousness
or post-incident restriction of work or motion,
or involve occupational illnesses reported to the
employer.

In addition to this routine recording, employers must
report serious incidents within eight hours. OSHA
requires all employers to report by telephone within
eight hours after any work-related “catastrophe” that
results in one or more deaths, or the hospitalization of
three or more employees.
Employers must complete the Log and Summary with
the previous year’s statistics and post it annually, by
February 1, at each facility in a place where notices
to employees are customarily posted. (Employers
with no fixed place of business are subject to special
record-keeping provisions.) The Log and Summary
must remain posted for at least three months (i.e.,
throughout February – April).
Compliance Deadlines

Periodic deadlines:
•

February 1 to April 30 - post annual I&I summary
for previous year

•

Periodic monitoring for specified chemicals
present above applicable action levels (every 3
or 6 months depending on the chemical, and
whether PEL is exceeded)

•

Inform exposed employees of workplace
monitoring results within 15 days (Laboratory
Standard, specific chemical standards)

•

Annual medical examination for employee who
works in a carcinogen “regulated area,” with
specified materials (e.g., asbestos, lead), or on
emergency response or cleanup covered by
HAZWOPER

•

Monthly/bimonthly/annual blood tests for
employees exposed to lead, depending on blood
lead levels, and workplace removals of employees
with elevated levels

•

Refresher training:

OSHA standards have ongoing compliance
requirements, and some require periodic activities
(such as annual refresher training), but they generally
do not include specific deadlines.

-

-

•

Train each employee about chemical hazards, at
time of first assignment to work with chemicals,
and again whenever a new chemical hazard is
introduced (HCS, Carcinogen Standard, some
chemical-specific standards)

•

Conduct initial workplace monitoring to
determine whether exposures to specified
chemicals are within regulatory limits

•

Record occupational injury or illness (I&I) within 7
days after learning of event

•

Report “catastrophe” (occupational death or
at least 3 hospitalizations) with 8 hours after
learning of event

•

14

Post OSHA notice of violation immediately, until
violation is abated (at least 3 days)


•

Annual for employees who work in
carcinogen regulated areas, with
certain specified chemicals where action
level is exceeded (e.g., lead), with bloodborne
pathogens, and for HAZWOPER

-

Event-specific deadlines:

Frequency unspecified under Laboratory
Safety Standard

Every 3 years under PSM

Annual review of written compliance program for
specified chemicals

Ongoing deadlines:
•

Retain employee training records – vary, e.g., one
year after duration of employment for Asbestos
Standard

•

Retain employee exposure and medical records –
for duration of employment plus 30 years

SELF-ASSESSMENT
CHECKLIST 2

OSHA
Yes No

•

Has the organization determined which Standards (OSHA or delegated state
plan state) apply to its operations that involve the presence and/or use of
chemicals?
-

Does the organization have procedures for ongoing evaluation to update
this determination?

•

Has the organization determined whether its employees are exposed to
additional chemical hazards that are not covered by existing Standards, but
which should still be addressed (i.e., under the Employer’s General Duty
Clause)?

•

Has the organization established unified compliance program(s), including
training, monitoring and recordkeeping, sufficient to provide assurance of
employee safety and health, and compliance with applicable requirements
based on chemical hazards?

•

Has the organization identified compliance deadlines associated with OSHA
compliance, for incorporation into a compliance calendar?
-

Periodic deadlines:

-

Ongoing deadlines:

15


EMERGENCY PLANNING
AND COMMUNITY RIGHTTO-KNOW ACT
The primary national hazardous material management
and information law is called the Emergency Planning
and Community Right-to-Know Act of 1986 (EPCRA).
EPCRA consists of several separate provisions, each of
which requires regulated entities to collect and report
information to emergency planning and response
agencies, which make information available to the
public. These provisions had initially been proposed
separately, but were compiled together into Title III of
the Superfund Amendments and Reauthorization Act
of 1986 (SARA) in order to attract enough votes to pass
Congress. Because of this history, EPCRA sometimes is
referred to as “SARA Title III.”
EPCRA is administered nationally by the US
Environmental Protection Agency (EPA), and some
provisions are also overseen by individual state and
local planning and response agencies.

Reporting to emergency planning agencies
Each facility must consider the maximum amount of
any EHS onsite, and report each EHS that meets or
exceeds its TPQ to the local emergency planning
committee (LEPC; within each local emergency
planning district (LEPD)) with jurisdiction over the
facility. LEPDs are defined by the state emergency
response commission (SERC). In most states,
the general-purpose state emergency response
organization provides staffing; some “commissions”
actually consist of the state emergency response
organization. EPCRA mandated the creation of SERCs
and LEPCs/LEPDs; most LEPDs cover an individual
county or city.
Each facility with any EHS present at or above the
applicable TPQ must do the following:

Emergency planning involving extremely
hazardous substances (EHSs)

Notify the SERC and LEPC within 60 days after
meeting the threshold

•

Defining EHS and establish Threshold Planning
Quantities

•

Provide a facility contact for information on these
matters

The first set of EPCRA requirements (SARA sections
301–303) applies to a list of toxic and flammable
materials defined by EPA. Listed chemicals are referred
to as extremely hazardous substances (EHSs). EPA
defines threshold planning quantities (TPQs) for
each EHS, used in the planning processes described
below. TPQs range from 1 pound to 10,000 pounds,
based on EPA’s assessment of the quantities necessary
to create offsite hazards, considering such factors as
toxicity and volatility. TPQs cover solids, liquids and
gases, and some vary with the EHS’ physical state.
Facilities must evaluate mixtures that contain any EHS
as a constituent, and calculate whether the amount
of EHS in a mixture exceeds its TPQ. Generally, these
calculations are required if the mixture contains more
than 1 percent for most EHS, and 0.1 percent for
carcinogens (different adjustments apply to solids,
depending on whether they are powders, molten, or in
solution).
16

•

•

Provide updated notification within 30 days after
any change to reportable EHS or the contact


For this portion of EPCRA, regulated facilities’
responsibilities are limited to these notifications.
State and local planning agencies prepare detailed
emergency response plans covering potential EHS
releases in their jurisdictions, consistent with standards
in EPA’s regulations.
Reporting EHS releases
The second set of EPCRA requirements (SARA section
304) covers unauthorized discharges (leaks or spills)
of any EHS. This section adds reporting of released
EHS into the national emergency reporting framework
for oil (under the Clean Water Act) and hazardous
substances (under the federal Superfund laws.

RQs for EHS vary from 1 pound up to the same quantity
as the TPQ. This requirement is not limited to facilities
subject to reporting and planning requirements
described immediately above (i.e., those with at least
a TPQ amount), but must be considered by any facility
where an RQ amount is present that could potentially
be released.

themselves or a list of chemicals), while Section 312
requires annual reports. At present, all states require socalled “Tier II reporting,” using EPA’s national format (EPA
prefers online reporting using its “Tier2 Submit” software)
or a state format that requires at least equivalent
information. Tier Two forms include the following
information:

Initial reports must be made by telephone or the Internet
to the National Response Center, the appropriate state
agency (most states have spill reporting numbers), and
appropriate local agencies. Subsequent written followup reporting is also required, within 30 days. Exemptions
cover releases that only affect people onsite at the facility,
are authorized by a federal permit or regulation (e.g.,
Clean Water Act), are “continuous releases,” are releases
of less than 1,000 pounds in 24 hours of nitrogen oxide or
nitrogen dioxide from combustion or combustion-related
activities, or are releases from animal wastes.

•

Chemical or common name of each hazardous
chemical (as listed on the MSDS) and the Chemical
Abstracts Service (CAS) number;

•

Estimated maximum amount, in weight ranges, of
each chemical at the facility during the preceding
year;

•

Estimated average daily amount, in weight ranges, of
each chemical;

•

Description of the manner of storage of each
hazardous chemical (e.g., the type of container,
whether it is under pressure, and its temperature);

•

Location of each chemical; and

•

Indication whether any information is to be withheld
from the public as a trade secret.

Reporting hazardous substances in the workplace
The third set of EPCRA requirements (SARA sections 311
– 312) applies to all facility owners or operators required
by the federal OSH Act to prepare or have available
material safety data sheets (MSDSs) – note that EPCRA
regulations do not yet reflect OSHA’s transition to SDSs
discussed above. Owners or operators of facilities subject
to these requirements must report MSDS information
for chemicals present at their facilities in quantities equal
to or greater than established thresholds, and must also
submit annual inventories of hazardous chemicals present
at their facilities at or in excess of established thresholds.

•

Any food, food additive, color additive, drug, or
cosmetic regulated by the US Food and Drug
Administration (FDA);

•

Any hazardous chemical in solid form in a
manufactured product that under normal conditions
does not expose the user of the product to that
chemical;

•

For hazardous chemicals—10,000 pounds (except
fuels stored in underground storage tanks (USTs;
see below) at retail gas stations is 75,000 gallons for
gasoline and 100,000 gallons for diesel fuel); and

Any hazardous chemical used for personal, family, or
household purposes, or packaged in the same form
as a product distributed to and used by the general
public (packaging, not use, triggers this exemption);

•

Any hazardous chemical used in a research lab,
hospital, or other medical facility under direct
supervision of a technically qualified individual; and

For EHS—the lesser of 500 pounds or the chemical’s
TPQ.

•

Any hazardous chemical used in normal agricultural
operations, and any fertilizer sold by a retailer to the
ultimate customer.

EPA sets the same reporting thresholds for Section 311
and 312. Owners or operators of subject facilities must
submit MSDS reports and annual chemical inventories
for all hazardous chemicals present onsite at any time
during the previous calendar year in quantities equal to or
greater than the following:
•

•

EPA allows facilities to group these chemicals into
5 hazard categories for EPCRA reporting purposes:
immediate or acute health hazard, delayed or chronic
health hazard, fire hazard, sudden release of pressure
hazard, and reactivity hazard. Section 311 requires a onetime report of chemicals with MSDSs (either the MSDSs
17

The following are exempt from reporting:


Inventory reports are generally due by March 1 of each year, although some
state and local agencies have different deadlines. Businesses should verify the
applicable deadline with the SERC, LEPC, or local fire department. Note that revised
Tier I and II reporting requirements will be effective January 1, 2014; they revise
required chemical storage and facility emergency contact information, and require
disclosure whether the facility is also subject to Section 302 and/or federal Accidental
Release Prevention requirements. EPA provides “Tier2 Submit” software to use for
electronic reporting.
Reporting Annual Toxic Chemical Releases
As the fourth set of EPCRA requirements, Section 313 requires selected facilities to file
toxic chemical release inventory reports with EPA and their state, on one of two forms
(Form R or Form A). EPA refers to this as the Toxics Release Inventory (TRI) program.
Reports estimating releases of listed toxic chemicals are due each July 1st covering
the preceding calendar year. EPA has developed “TRI-Made Easy” (“TRI-ME”) software,
which can be downloaded from EPA’s website and used to perform calculations and
manage data, and to make electronic filings.
•

Determining applicability

Applicability of TRI reporting depends on each facility’s industry sector, number
of employees, and total annual use of listed chemicals (not on maximum quantity
present).
Number of employees. Section 313 only applies to facilities with 10 or more full-time
employees, or equivalent part-time employees. Any facility where employees work a
total of 20,000 hours in a year meets this test.
Business sector. Section 313 only applies to facilities in the following specified
business sectors, which represent those that consistently have the largest quantities of
TRI-listed chemicals:
•

Any facility in standard industrial classification (SIC) Codes 20 – 39 or equivalent
North American Industry Classification System (NAICS) sector;

•

Any federal facility;

•

Any facility in the following additional industry sectors:
–

Metal Mining (except iron ores, metal mining services, and uranium-radium-
vanadium ores);

–

Coal Mining (except coal mining services);

–

Electric Utilities (coal- and oil-fired generating plants, electric services, electric
and other services combined);

- Commercial Hazardous Waste Treatment (facilities subject to Resource

Conservation and Recovery Act (RCRA) permits; discussed in Volume III of these
eBooks);
-
-
18

Chemical and Allied Products, Wholesale;
Petroleum Bulk Terminals and Plants; and


-

Solvent Recovery Systems (limited to those
engaged in solvent recovery on a contract or
fee basis).

Facilities are not required to calculate or report
quantities of toxic or PBT chemicals that meet any of
the following descriptions:

Toxic Chemicals handled. EPA’s TRI list contains over
600 chemicals and chemical “families.” EPA has also
promulgated a second list identifying persistent,
bioaccumulative and toxic (PBT) chemicals of special
concern, which are subject to much lower threshold
reporting quantities and are ineligible for certain
exemptions. Filing thresholds are the following:

•

Exist in concentrations less than 1% of a mixture
or less than 0.1% of a mixture when the chemical
is an OSHA-defined carcinogen listed by the
National Toxicology Program, the International
Agency for Research on Cancer (IARC), or OSHA;

•

Are structural components of the facility;

•

Form R (see below) for each TRI chemical use
exceeding either of the following:

•

Are in food, drugs, cosmetics, or other items for
personal use;

-

25,000 lb of chemicals manufactured or
processed at a facility during a calendar year;

•

Are used in motor vehicle maintenance;

•

-

10,000 lb of chemicals otherwise used at a
facility during a calendar year.

Exist as solids in manufactured items and do not
release toxic chemicals under normal conditions
of use;

•

Form R for each PBT chemical with annual usage
exceeding specified quantities (from 0.1 grams to
100 pounds)

•

Are used in process water and noncontact cooling
water drawn from the environment or municipal
sources;

•

Form A (see below) instead of Form R if both of
the following apply:

•

Are in intake air used either as compressed air or
as part of combustion; and

- no more than 1,000,000 pounds in the year;
and

•

Are used in a research lab, hospital, or other
medical facility under direct supervision of a
technically qualified individual.

•

Reports using Form R

-

19

no more than 500 pounds are actually
released to the environment (including
through onsite or offsite disposal).


Form R is a multi-page document that requires the

following information:

-

•

Facility’s name, location, and principal business;

•

Certification by the owner, operator, or
“senior management official” of the truth
and completeness of information and the
reasonableness of assumptions;

- Chemical identification information (CAS

number, toxic chemical or chemical category
name).

•

For each listed toxic chemical (unless claiming
identity is a trade secret):
-

Whether the chemical is manufactured,
processed, or otherwise used;

-

Chemical’s CAS number, name, or category;

-

Parent company information; and

A separate Form A is also required for each chemical
reported using this alternative.
•

Additional state reporting requirements

Forms R and A are filed with EPA’s Headquarters.
States can require facilities to send them copies, and
a few also require reporting of additional information.
Facilities should verify whether any of these
additional requirements apply (e.g., Massachusetts).

Estimate of the maximum amount (in weight
ranges) of the chemical onsite at any time
during the preceding calendar year;

Compliance Calendar

- Estimate of the total amount of the chemical

released onsite during the year, including

both accidental releases and routine
emissions;

Event-specific deadlines:
•

Notify SERC/LEPC when facility first meets EHS
reporting threshold (TPQ) – within 60 days

- Transfers of the chemical in wastes to offsite
locations;

•

Notify SERC/LEPC of significant change in EHS
handling – within 30 days

- Onsite waste treatment methods and their
efficiency;

•

Provide list of MSDS chemicals to SERC, LEPC
and fire department – within 3 months after
starting operations, or add new chemical or learn
“significant new information” about existing
chemical

•

Report release of any EHS meeting RQ threshold –
within 24 hours

-

Onsite energy recovery processes;

-

Onsite recycling processes; and

-

Source reduction activities.

A separate Form R is filed for each TRI chemical
(including PBTs) that meets the applicable reporting
threshold.

Periodic deadlines:
•

3/01 Annual Tier I/II submission.

•

•

7/01 Annual toxic chemical release inventory
reports (Form R or Form A).

Reports using Form A

Form A is a shorter multi-page document that
requires the following information:
-
-

Certification by the owner/operator or senior
management official;

-

20

Trade secret information;

Facility identification (ID) under applicable
environmental statutes;


Ongoing deadlines:
•

Develop and maintain records to support
reporting

SELF-ASSESSMENT
CHECKLIST 3

Emergency Planning and Community
Right to Know
Yes No

Has the organization reviewed each facility’s chemical inventory, to determine
whether any is subject to EPCRA compliance requirements trigger by the following:
•

Presence of chemicals requiring a material safety data sheet (MSDS) [or SDS]
-
-

•

In any quantity
In a maximum quantity of 10,000 pounds or more

Presence of extremely hazardous substance(s)
-
-

•

At or exceeding TPQ
At or exceeding RQ

Presence of “toxic chemicals” regulated by Section 313 (TRI) program
-

Listed toxic chemicals

-

PBT chemicals of special concern

Does the organization track quantities of TRI and PBT chemicals manufactured,
processed and/or otherwise used at each facility?
Has the organization determined whether it is subject to any of the following
compliance requirements:
-

EHS notifications (sections 302 – 304)

-

EHS unauthorized releases (section 304)

- Submission of MSDS inventory list to SERC, LEPC and fire department (section
311)
-

Submission of annual Tier II inventory to SERC, LEPC and fire department
(section 312)

-

Submission of annual Form R and/or Form A to EPA

Has the organization verified its compliance with each applicable requirement?
Has the organization identified compliance deadlines associated with EPCRA, for
incorporation into a compliance calendar?
-
-

21

Periodic deadlines:
Ongoing deadlines:


About the Author
Jon Elliott has made a major contribution to the Specialty
Technical Publishers (STP) product range for over 25 years. His
impressive list of publications includes:
C
AL/OSHA: Compliance and Auditing
C
hemCheck Handbook
C
omplete Guide to Environmental Law
C
omplete Guide to Hazardous Materials Enforcement and
Liability: California
E
nvironmental Compliance: A Simplified National Guide

Jon F. Elliott
BSE, MPP, JD

E
nvironmental Compliance in California: The Simplified Guide
F
ederal Toxics Program Commentary
H
azardous Materials Program Commentary: California
O
SHA Compliance: A Simplified National Guide

Mr. Elliott’s professional
experience includes:
P
racticing attorney in California.
C
ompliance consultant and legal
advisor (since 1985), specializing
in projects that address multiple
legal frameworks simultaneously.
I
nstructor in University of
California Extension Professional
Certificate Programs.

U
.S. Federal Mandatory Greenhouse Gas Emissions Reporting
Audit Protocol
G
reenhouse Gas Auditing of Supply Chains
He has also produced the following publications relating to
corporate governance and activities:
S
ecurities Law: A Guide to the 1933 and 1934 Acts
D
irectors’ and Officers’ Liability
W
orkplace Violence Prevention: A Practical Guide

He continues to write quarterly updates for these, and many
other, important publications.
Mr. Elliott has a diverse educational background. In addition
to his Juris Doctor (University of California, Berkeley Boalt
Hall School of Law–1981), he holds a Master of Public Policy
(Goldman School of Public Policy, UC Berkeley–1980) and a
Bachelor of Science in Mechanical Engineering (Princeton
University–1977).

22


1 800.251.0381
Head Office
Suite 306 – 267 West Esplanade
North Vancouver, BC, Canada V7M 1A5
Copyright © 2013 Specialty Technical Publishers. All Rights Reserved.

This publication does not constitute legal, accounting or other professional advice. STP Specialty Technical Publishers and its authors make
no warranties, whether express or implied, regarding the accuracy of any information or materials contained herein or the results of any
course of action described herein, and STP and its authors expressly and specifically disclaim the implied warranties of merchantability and
fitness for a particular purpose.

www.stpub.com
23


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