ILMA Challenges Hazardous Chemical Inventory Reporting Action
On November 17, the U.S. Environmental Protection Agency (EPA) issued a direct final rule that would align hazardous chemical inventory reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) with amendments to the OSHA Hazard Communication Standard (HCS). ILMA has formally challenged the rule, citing inconsistencies between EPCRA and HCS compliance timelines and urging the EPA to conduct a full notice-and-comment process to allow stakeholders a meaningful opportunity to review and provide input.
EPA’s Action
EPCRA reporting obligations are closely tied to OSHA’s HCS requirements, as EPCRA reporting relies on the HCS hazard categories. To improve regulatory alignment and data quality, the agency seeks to adopt the updated HCS hazard classification system for reporting under Sections 311 and 312 of EPCRA.
- Section 311 requires facilities to submit Safety Data Sheets (SDSs) or a list of hazardous chemicals categorized by health and physical hazards under HCS to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire department. This is typically a one-time submission, but resubmission is required if significant new information arises, if new hazardous chemicals are present, or if existing classifications change.
- Section 312 mandates annual submission of an emergency and hazardous chemical inventory form to the SERC, LEPC and local fire department by March 1.
ILMA’s Request
While ILMA supports the goals of regulatory alignment, the Association is concerned that the updated EPCRA reporting obligations would take effect before compliance with the amended HCS is required.
ILMA urged the EPA to adopt a compliance schedule that mirrors OSHA’s tiered approach for substances and mixtures, thereby reducing confusion and improving compliance. For example, HCS compliance for mixtures is not required until July 2027; EPCRA reporting based on updated hazard classifications should therefore be deferred until after that date. After all, HCS amendments may result in new hazard information and classification, which could affect reporting obligations under Sections 311 and 312.
Additionally, ILMA has requested further relief for stakeholders that rely on upstream mixture data to classify hazards and prepare SDSs for lubricant products. Despite proactive engagement with suppliers, these timing constraints create compliance challenges. ILMA encourages the EPA to coordinate with OSHA to provide relief to lubricant manufacturers as they update product hazard classifications and prepare compliant SDSs.
ILMA members working toward HCS 2024 compliance can take advantage of ILMA’s training course, a free member benefit.