By Phil Molé, MPH

Understanding OSHA’s Hazard Communication (HazCom) Standard and its alignment with the Globally Harmonized System (GHS) is crucial for businesses handling hazardous chemicals, especially because the compliance timeline for OSHA’s 2024 HazCom final rule has already started. The final rule aligns HazCom with Revision 7 (and select elements of Revision 8) of the GHS, and it affects all users of hazardous chemicals throughout the supply chain. If you haven’t already started updating your chemical management practices to meet updated requirements, you’re already behind.

The following summary is based on our recent HazCom webinar on the 2024 HazCom final rule. It provides the details you need to get started or make sure your current efforts are on track.

Background of HazCom

Established in 1983 (and initially applicable only to a small subset of companies), the HazCom Standard ensures effective communication of chemical hazards to workers. It has evolved to encompass all industries and align with international standards, such as the GHS, which happened when OSHA issued a final rule in 2012 to revise HazCom based on GHS Revision 3.

HazCom 2012 had a transition period that ended between 2016 and 2017 and resulted in the adoption of the GHS’s standardized format for safety data sheets (SDSs) and shipped container labeling information. But in the years since, the UN continued to update the GHS every 2 years, resulting in HazCom 2012 becoming out of phase with current recognized global best practices. OSHA first proposed updating HazCom to align with more recent editions of the GHS in 2021 and finally issued a final rule in 2024 that is now already in effect.

Key Updates in the 2024 HazCom Final Rule

The final rule issued in May 2024 introduces significant changes to HazCom. Here are some of the key updates:

Hazard Classifications

HazCom 2024 expands the aerosols hazard class to include non-flammable aerosols, now categorized under a new Category 3. This adjustment aims to enhance user understanding of the specific hazards associated with various aerosols, and the ways that container failure mechanisms differ from those of gases under pressure (aka, gas cylinders), the category that many aerosols previously found themselves in.

The rule also adds a category for chemicals under pressure, following and adopting the categories of chemicals under pressure from GHS Revision 8. The new classification includes liquids or solids pressurized with gas, which improves hazard communication clarity.

Another critical update is the addition of desensitized explosives as a new hazard class. These products, stabilized with a wetting or stabilizing agent, are safer to handle than ordinary explosives as long as the stabilizing agent is in place and effective. The classification system now includes four categories based on corrected burning rates, offering detailed stability and hazard information to users, including how to confirm that stabilizing agents are in place.

The final rule also modifies the classification of flammable gases, splitting Category 1 into subcategories 1A and 1B, better distinguishing hazards associated with different flammable gases. Pyrophoric and chemically unstable gases fall under Category 1A, emphasizing the need for specific hazard and precautionary statements for safe handling.

Labeling Requirement Changes

HazCom 2024 introduces new allowances for small and very small containers. For small containers (up to 100 milliliters), manufacturers can use abbreviated label information if the full shipped container label information is on the outer packaging.

For very small containers (up to 3 milliliters), only the product identifier is required on the container, if the manufacturer argues that a label would interfere with the normal use of the container. Once again, a chemical manufacturer who takes advantage of this allowance would need to provide full shipped container full label information on the outer packaging.

Both manufacturers of small and very small containers also need to include a statement on the outer packaging telling users to replace the small and very small containers in the outer packaging when the containers are not in use.

These allowances and requirements balance the need for hazard communication with practical labeling considerations, ensuring essential safety information remains accessible.

Chemicals Released for Shipment

A significant update to the HazCom Standard relieves chemical manufacturers of the need to relabel “chemicals released for shipment” if they learn of new hazard information, although they still would need to provide an updated shipped container label with the shipment.

This change reflects OSHA’s consideration of the lengthy distribution cycles for some products, which can lead to extended warehouse storage. Previously, new hazard information required relabeling, posing risks during the process, since employees would need to access containers that may already have been bundled and palletized.

Other Updates Under HazCom 2024

Bulk Shipments

A significant update pertains to the classification and labeling of bulk shipments. OSHA has clarified that a bulk shipment refers to any hazardous chemical transported in a container that also serves as the mode of transportation, such as tanker trucks or railcars. This update aligns with a 2016 joint memorandum with the Department of Transportation (DOT), allowing the same container to display both OSHA HazCom and DOT labels. This dual labeling ensures effective communication of all necessary hazard information, enhancing safety and compliance across different transportation methods.

Hazard and Precautionary Statements

Additionally, the final rule introduces changes to hazard and precautionary statements, aligning them more closely with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) Revision 7. HazCom 2024 now permits minor textual variations to avoid redundancy, acknowledging the limited space on labels.

Trade Secrets and Confidential Business Information (CBI) Claims

OSHA has also expanded trade secret provisions, enabling manufacturers to withhold concentration ranges as trade secrets, provided they choose from a prescribed list. This adjustment aligns better with Canadian regulations and offers manufacturers greater flexibility while maintaining transparency and safety. Previously, OSHA only allowed chemical manufacturers to withhold the specific concentration as CBI.

Intrinsic Hazards and Downstream Uses of Chemicals

HazCom 2024 requires chemical manufacturers to consider intrinsic hazards in chemical classifications, including those related to chemical reactions or changes in form from known or reasonably anticipated downstream uses of the chemical, and to include that information in Section 2 of the SDS. This ensures that end users receive detailed and accurate hazard information, facilitating safe handling of chemicals.

Key Takeaways on the 2024 HazCom Final Rule

The updates to OSHA’s HazCom Standard reflect an ongoing commitment by OSHA to align with international best practices and enhance workplace safety. By introducing new hazard categories, refining classification systems, and allowing practical labeling, OSHA ensures that workers have access to clear and accurate chemical information.

Businesses must make sure they understand these changes and adjust their hazard communication practices to maintain compliance and safeguard their employees. This final rule marks a significant advancement in chemical safety, emphasizing the importance of effective hazard communication in today’s regulatory environment.

For more information about HazCom 2024, check out our entire on-demand webinar.

Let VelocityEHS Help!

There’s never been a more urgent time to make sure your chemical and SDS management practices are working effectively. The VelocityEHS Chemical Management Solution makes it easy for you to maintain an updated SDS library that you and your people can access from anywhere 24/7. With our software, you’ll be better able to keep your SDS library up to date as your chemical manufacturers reauthor SDSs in alignment with HazCom 2024, and you’ll be better positioned to use the updated information to revise your workplace HazCom management practices.

You’ll also get deeper insights into your chemical inventory with support for chemical ingredient indexing so you can extract information on chemical ingredients from SDSs and cross-reference them against various regulatory lists such as EPA’s Extremely Hazardous Substances (EHSs) and Toxic Release Inventory (TRI) reportable chemicals. The software provides a Levels of Concern (LoC) summary containing regulatory radar screen “hits” and other key information, including established Occupational Exposure Limits (OELs) you need to know when managing your indoor air sampling program.

Best of all, Chemical Management is only one of the solutions on our Accelerate® Platform. It also includes Industrial Ergonomics, Safety, and Operational Risk, all of which are then available via a single sign-on, providing you with an integrated user experience and unified reporting capabilities across all four solutions.

Contact us today to learn more about our solutions and services and the ways we can help you maintain compliance with HazCom or schedule a demo.

The post A Refresher on the 2024 HazCom Final Rule appeared first on VelocityEHS.

This is your last and quick reminder—the deadline for submitting the EPA’s Emergency and Hazardous Chemical Inventory Form (Tier II) is fast approaching. Businesses must submit their Tier II reports by March 1, 2025, covering chemicals stored in 2024. For all the details, read this more detailed blog post or watch our webinar, where we cover all the facts you need to stay compliant.

Why Tier II Reporting Matters

“Tier II reporting is more than just a regulatory requirement—it’s a vital tool for emergency responders and community safety. The Emergency Planning and Community Right-To-Know Act (EPCRA), which mandates Tier II reporting, was created after the tragic Bhopal disaster, where the release of methylisocyanate led to devastating consequences.

Businesses must take this responsibility seriously by ensuring their chemical inventories are accurate, submitting reports on time, and staying proactive with compliance.

Who Needs to Report?

Organizations should review their chemical inventories to determine if they exceed any of the following reporting thresholds:

• Most Hazardous Chemicals: 10,000 pounds
• Extremely Hazardous Substances (EHSs): 500 pounds or the chemical’s threshold planning quantity (TPQ), whichever is lower
• Gasoline and Diesel in Underground Storage Tanks (USTs) at Retail Gas Stations: 75,000 gallons for gasoline and 100,000 gallons for diesel

Keep in mind that some states have more stringent requirements, so it’s essential to verify state-specific rules to ensure compliance.

How to Submit Your Tier II Report

Tier II reports must be submitted to the following entities by March 1, 2025:

• State Emergency Response Commission (SERC)
• Local Emergency Planning Committee (LEPC)
• Local fire department/first responders

Most states accept electronic submissions via the EPA’s Tier2 Submit software or state-specific platforms. Be sure to confirm your state’s preferred submission method and use the most current reporting forms.

Stay Ahead of Anticipated Changes

While potential changes to Tier II hazard categories due to OSHA’s recent updates to the Hazard Communication Standard won’t impact the 2024 reporting cycle, it’s wise to stay informed about future EPA updates.

The post Last Call: Tier II Reporting Deadline is Almost Here: Are You Prepared? appeared first on VelocityEHS.

By Phil Molé, MPH

Can it be that there’s yet another regulatory reporting deadline approaching? There is, and this time it’s for completion and submission of EPA’s Emergency and Hazardous Chemical Inventory Form (Tier II). If you haven’t already started reviewing last year’s chemical storage data to determine applicability, and if obligated, haven’t already started preparing the reports, you’re quickly running out of time to meet the Tier II reporting deadline. The good news is that this blog will give you the information you need.

Here, we’ll discuss the basics of Tier II reporting and walk you through the details about how to determine your applicability and correctly submit your reports.

Tier II Regulatory Background

Mandated by Section 311-312 of the Emergency Planning and Community Right-To-Know Act (EPCRA), Tier II reports capture critical information about the types, quantities, and locations of hazardous chemicals at a given facility. The required annual submission of this information is ultimately intended to help local and state emergency responders prepare for chemical emergencies or other incidents that could affect the surrounding communities.

The information in the Tier II report includes the hazardous chemicals stored at the site, the quantities stored, and emergency contact names and phone numbers for each reporting facility.  EPCRA was passed in 1986 in response to widespread concerns over the environmental and safety hazards posed by the storage and handling of toxic chemicals. It was an issue brought to the forefront by the 1984 disaster in Bhopal, India in which an accidental release of methylisocyanate during a process safety failure killed upwards of 3,700 people within hours of the release. Some media reports placed the immediate death toll anywhere between 16,000 and 30,000, and nearly 40 years later, it is estimated that between 500,000 and 600,000 people were killed or injured due to the incident. It is widely regarded as the worst industrial disaster in history.

Do I Need to Report?

You’ll need to complete a Tier II report if you stored more than a given threshold amount of a particular hazardous chemical within your facility at any one point in time during 2021. EPA relies on the definition of a hazardous chemical within OSHA’s HazCom Standard, so it’s important to be familiar with that regulation, especially the “scope and application” section in 1910.1200 (b). In short, if the HazCom Standard requires you to have a safety data sheet (SDS) for a chemical, that chemical is potentially subject to Tier II reporting requirements, and will be reportable if the amount stored exceeded the threshold during the reporting year.

Regarding threshold amounts, the test is whether the chemical was present in your inventory last year, at any one time, in a quantity above the published reporting threshold. For most hazardous chemicals, the threshold is 10,000 pounds, but there are several special considerations:

• If you store chemicals that EPA lists as extremely hazardous substances (EHSs), you’ll have a lower reporting threshold of 500 pounds or the chemical’s listed threshold planning quantity (TPQ), whichever is lower. You can find the full, most current list of EHSs and their associated TPQs in 40 CFR 355 Appendix A and Appendix B – the former lists them in alphabetical order, while the latter lists them by Chemical Abstract System (CAS) number.
• If you store gasoline in underground storage tanks (USTs) in compliance with applicable EPA UST regulations, such as at a retail gas station, the reporting threshold is 75,000 gallons across all fuel grades combined.
• If you store diesel fuel in USTs in compliance with applicable EPA UST regulations at a retail gas station, the reporting threshold is 100,000 gallons across all grades combined.

Ultimately, your Tier II report would need to include all chemicals you had in your inventory during 2021 that exceeded their reporting threshold.

These are the federal EPA requirements, and most states have adopted them. But remember, state EPAs can choose to adopt more stringent versions of regulations than those at the federal level, and some states have additional reporting requirements for other chemicals. For example, facility managers in Alaska would, in addition to meeting the federal requirements, need to report any quantity of hazardous materials identified in federal placarding regulations as Poison Gas (2.3), Poisons (6.1), Explosives (1.1, 1.2, 1.3), Flammable Solid (*4.1-4.3) and Radioactive Hazard Class 7.

That leads us to an important point that will come up a couple of more times in this article: you need to understand your state-specific reporting requirements (if any) very early in your Tier II reporting cycle. EPA maintains a landing page containing state requirements here. Once there, you’ll find a page that looks like the screen capture below, and then you can look up details for your state.

Is There an Easier Way to Determine if There are Extremely Hazardous Substances in Your Inventory?

Let’s start with the easy part first: The answer is “Yes.”

Now let’s discuss the subtext of the question, which turns out to be the most important part, which is why it’s important to be able to more easily determine if you have EHS chemicals in your inventory.

Think about your chemical inventory. You likely have many products stored at your site at any one time, and the names of the products alone don’t necessarily or even often tell you anything about what hazardous chemicals are present in them as ingredients. Sure, you may have chemicals sold under refreshingly literal product names like “100% isopropanol,” but for every one of those products you may have two or three with names like “Green-Coat #2” or “Quick Clean Solvent.” The problem is that to know if you have EHS chemicals in your inventory, you really need visibility of your inventory at the ingredient level and also need to be able to cross-reference those ingredients against regulatory lists like EPA’s list of EHS chemicals. It’s important to identify these EHS chemicals so you can determine the quantities stored during the reporting year since, as mentioned previously, an EHS chemical is reportable in smaller quantities, with thresholds of the TPQ or 500 pounds, whichever is lower.

There is a common way to find the EHS ingredients, which involves manually reading through the ingredient’s sections of all of your SDSs and checking every ingredient to see if it is listed as an EHS. I don’t blame you if you’re not exactly bursting with enthusiasm at the prospect of doing that, because I’ve had to do it in a past life as a Global EHS Coordinator – in fact, my method involved a stack of physical SDSs and a highlighter, followed by vigorous hand washing to get the yellow highlighting ink off my fingers. Besides being time-consuming and tedious, these manual methods are also prone to old-fashioned human error, because it’s very easy to miss an ingredient, or misread the EPA list and mistakenly conclude that a chemical isn’t an EHS when it is.

Luckily, there’s a better way to do this today, involving chemical ingredient indexing, which is a process to extract information about your chemical ingredients from your SDSs to make it accessible to you. For example, with VelocityEHS Chemical Management, you have the option to get the review and indexing of ingredients off your plate through our indexing service, and then the software can cross-reference all of your ingredients against regulatory lists, including not only EPA’s list of EHSs but also their lists of Hazardous Air Pollutants (HAPs), Toxic Release Inventory (TRI)/Form R reportable chemicals, and many other global lists. The software even gives you a levels of concern (LoC) summary highlighting these findings, along with the Occupational Exposure Limits (OELs) you need to know to manage your chemical industrial hygiene program.

So much of your ability to do your job as an EHS professional hinges on being able to have good information about which chemicals are in your inventory, and which ones are on regulatory radar screens or create additional obligations for you to protect your employees’ safety. Make sure you have the support you need to do your job effectively.

Are There Any Exceptions to Reporting Requirements?

Yes, there are a number of exceptions listed in EPCRA Section 311(e). The following chemicals are exempt from Tier II reporting:

• Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration (FDA);
• 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;
• Any substance to the extent it is used 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;
• Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; and
• Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer

Here we can see another connection between EPA’s Tier II requirements and OSHA’s HazCom Standard. Those of you familiar with OSHA’s list of exemptions to the HazCom Standard in 1910.1200(b)(6) will recognize some of the items on the list above. For example, the Tier II exemption for food products, drugs, and cosmetics regulated by the FDA corresponds with similar HazCom exemptions in 1910.1200 (b)(6)(vi)-(viii). The Tier II exemption for consumer products corresponds to the HazCom exemption for the same in 1910.1200 (b)(6)(ix).

This reinforces the point that the EPA’s definition of a hazardous chemical subject to Tier II reporting is grounded in OSHA’s definition of chemicals subject to HazCom. In turn, this may help us recognize how EPA Tier II compliance is going to depend on how well we’re meeting our HazCom obligations. Without an up-to-date chemical inventory list and access to hazard information on our SDSs, we don’t even have a good place to start.

When is the Tier II Reporting Deadline?

If you’re subject to EPCRA Tier II reporting requirements, you’ll need to complete and submit the report by March 1 for hazardous chemicals stored at the facility during the previous calendar year. Of course, you need to start reviewing your usages for the previous year and determining your applicability to be able to meet the Tier II reporting deadline.

How Do I Complete the Tier II Report?

This is an important question, and it’s another time you’re going to want to be sure you understand so you can meet the Tier II reporting deadline. When you click on your state at this page, you’ll see information you’ll need, including whether your state accepts physical Tier II forms, or the specific kind of software platform or web portal you’ll need to use to complete your reports.

For example, you’ll find that most states accept reports through the EPA-provided Tier2 Submit software. But not all states accept Tier2 Submit – my own state of Illinois only accepts forms completed using Illinois Emergency Management Agency’s (IEMA) Tier II Manager On-Line Filing System.

Whether you need to use Tier2 Submit or a state-specific software platform, you’ll want to make sure to download and use the latest version. EPA released the latest version of Tier2 Submit late last year and has provided a tutorial on its use.

In the event you submit your Tier II reports using the hard-copy Tier II forms, you’ll also want to make sure you’re using the most current version. The current forms use the same physical and health hazard categories in OSHA’s HazCom Standard (another intersection point!), which means that it’s easy to fill out that section of the Tier II using the SDSs for your chemicals. The chart below shows the current HazCom-aligned physical and health hazard categories on the Tier II form.

Where Do I Send the Report?

You’ll need to send your EPCRA Tier II report(s) to three main recipients on or before the Tier II reporting deadline:

• Your State Emergency Response Commission (SERC)
• Your Local Emergency Response Committee (LEPC)
• The local fire department and/or first responder agencies with jurisdiction over your facility

Here’s an important point to remember: If you’re using the Tier 2 Submit software, the software will help you complete and validate the report and save the file on your computer, but it doesn’t actually send the report anywhere. You will need to do that. That’s another reason it’s very important to know the SERC, LEPC and local fire department for each of your reporting facilities.

You can find out the name and address of your SERC by visiting that same state-specific reporting page we’ve talked about a couple of times already.  Once you’ve identified your SERC, you can contact them to identify and contact your LEPC.

That just leaves the matter of identifying your local fire department and first responder agencies. Hopefully you already know which ones have jurisdiction over your facility and have an established relationship with them. After all, that’s a key part of a sound emergency planning approach. If not, you can identify the fire departments and first responders closest to you and contact them to directly ask them about their jurisdiction. Once you learn that, you can start building your organization’s relationship with them.

Speaking of that, here’s one last tip. While not all states require you to submit a site map/facility layout diagram with your Tier II report, it’s a good idea to do so. Why? Because it gives the first responders who may be arriving at your facility in an emergency a higher level of information about the chemicals you store and where and how you store them. This will ultimately help achieve a safer and more efficient emergency response if, and when it needs to happen. If you were a first responder, wouldn’t you want that? If your business depends on the actions of first responders to protect your life and your business in the event of an emergency, you should probably want that too, right?

SaaS solutions like VelocityEHS Chemical Management can make it easy to not only have the visibility of your chemical inventory and SDS library you need to complete your Tier II reporting but also map your chemical storage locations onto a virtual site plan of your facility. From there you can either include it in your electronic submission, or print and include with your hard copies, depending on the submission formats and systems in your state.

Are There More Changes to Tier II Reporting Requirements on the Way?

We don’t know of anything definite at this point, but based on history, the educated response is “probably.” Here’s why.

Recall that EPA updated the Tier II forms years back to align its chemical hazard categories with those under the HazCom Standard present on US chemical product SDSs, so that people filling out the Tier II would have an easier time using their SDSs to supply the required information. Well, OSHA published a 2024 final rule updating the HazCom Standard that, among other things, revises some hazard classifications and adopts the new (for the US) categories of chemicals under pressure and desensitized explosives.

Since EPA previously updated the Tier II forms to align with HazCom hazard categories and cited the importance of that alignment to end users as a reason for doing so, we can probably assume that at some point, EPA will once again revise the forms to re-align with the updated HazCom hazard categories. Still, that has happened yet and won’t affect 2024 calendar year reports due by March 1, 2025.

Will changes come in time to impact the next reporting cycle, due March 1, 2026 for 2025 chemical storage? We’ll have to see. If in fact EPA does update the forms in 2025, you’ll read about in this space.

Looking for More Information?

Check out the EPA’s Tier II reporting page for more information that may help you through all stages of the reporting process.

If you’re looking for an even deeper dive into EPCRA Tier II reporting including detailed discussions of Tier II exemptions, tips for accurate reporting and how to use the Tier2 Submit software, check out our upcoming live webinar on February 11, 2025 at 11am ET. Register at the link below!

FREE WEBINAR: EPA Tier II Reporting: How to Ensure Compliance

Finally, download our Tier II Cheat Sheet for a good succinct guide to your obligations that will help you meet your Tier II reporting deadline.

Let VelocityEHS Help You Meet Your Tier II Reporting Deadline!

Meeting your EPCRA Tier II reporting deadline depends on getting your OSHA HazCom and chemical management obligations right. If you’d like to learn more about how our Chemical Management software can help streamline your chemical inventory management and automate EPA EPCRA Tier II reporting, visit our solution landing page for more information.

And remember, chemical management is only one of the ways our VelocityEHS Accelerate ® Platform can help you, because it also serves up our world-class safety, industrial ergonomics, and operational risk solutions. It’s an all-in-one platform offering the industry’s first truly integrated user experience.

Schedule a demo so you can see our platform in action for yourself!

The post The March 1st Tier II Reporting Deadline is Almost Here: Are You Ready? appeared first on VelocityEHS.

By Phil Molé, MPH

It’s finally happened! OSHA has published its long-awaited final rule updating requirements in its Hazard Communication (HazCom) Standard. The publication of the final rule ends months of waiting and uncertainty by manufacturers and users of hazardous chemicals and aligns HazCom with updated versions of the UN’s Globally Harmonized System of Classification and Labelling of Chemicals (GHS), mostly Revision 7, but with inclusion of select elements of Revision 8.

It’s taken a while. OSHA first published a Notice of Proposed Rulemaking (NPRM) indicating planned updates to HazCom in February 2021 and received so much feedback during the public comment period that they held a public hearing in September 2022 to get additional stakeholder input. Federal agency regulatory agendas had shown that OSHA had passed at least two projected due dates for publication of the final rule, with the most recent expected arrival date of late 2023; now months behind in the rear-view mirror.

It’s safe to assume that the long gestation period for the final rule was a result of the large amount of stakeholder feedback OSHA received, as well as the volume of updated text and charts OSHA needed to develop to realize their planned changes. Review by the Office of Management and Budget, a necessary step prior to publication of any final regulation in the US, also took longer than usual. Now it’s easy to understand why— the pre-publication version of the final rule was over 700 pages long, and it takes up over 300 formatted pages in the Federal Register. But the rule is here now, and the compliance timeline for users of hazardous chemicals has officially begun.

At a high level, the changes brought by the OSHA final rule revising the HazCom Standard include:

• Revised classification criteria for certain chemical products, namely aerosols, desensitized explosives and flammable gases, to better capture and communicate their hazards to downstream users. OSHA has also adopted a new hazard category, Chemicals Under Pressure, within the aerosols class following classification criteria in GHS Revision 8. These revised classifications also change some of the associated hazard information, including hazard pictograms and hazard and precautionary statements.

• Revised provisions for labels, including provisions addressing the labeling of small containers. The final rule incorporates guidance previously provided by OSHA for labeling “small containers” into the text of Standard itself, defining a small container as 100 mL or less in volume, and lets chemical manufacturers use an abbreviated version of shipped container label information for small containers. The final rule also allows chemical manufacturers, distributors, or importers to provide only a product identifier on “very small containers” (3 ml or less) if they can demonstrate that a label would interfere with the normal use of the container, although they’d still need to include the full shipped container label information on the outer packaging. Also, the final rule states that manufacturers, distributors, or importers that become aware of new significant hazard information would not need to relabel chemical products already released for shipment. Interestingly, OSHA is not requiring a “released for shipment” date on the label as the NPRM had proposed, citing stakeholder arguments about unfeasibility as the reason for the change.

• Amendments related to criteria for information to consider when classifying a chemical, and its associated effects on information to include in Section 2 of a product’s safety data sheet (SDS). The NPRM had proposed that manufacturers consider classification based on “normal conditions of use and foreseeable emergencies” and inclusion of that information in Section 2. Many chemical manufacturers had pushed back on that, arguing that the requirement was too open-ended and that they were too far upstream of a chemical’s uses to be able to anticipate all reactions or chemical changes that could result from different use cases. The final rule attempts to delineate responsibilities further, stating that “hazard classification must include hazards associated with the chemical’s intrinsic properties including: (i) a change in the chemical’s physical form and; (ii) chemical reaction products associated with known or reasonably anticipated uses or applications.” The final rule clarifies that hazards from a chemical reaction (the actual GHS-based classifications) belong in Section 2(c) of the SDS, and hazards from changes in intrinsic and physical form belong in 2(a).

• Other updates to information requirements for SDSs, including addition of “particle characteristics” for solid products in Section 9 of SDSs. The final rule notes that this requirement only applies when such particle information, such as median and range of particle size, is readily available, and that the Standard does not require chemical manufacturers to conduct testing to determine particle characteristics.

• New provisions relating to how chemical manufacturers can choose to use concentration ranges of chemicals to claim trade secrets.

OSHA has extended the timeline for compliance with the final rule, compared with the timeline originally proposed in the NPRM. The proposed timeline had been 1 year for manufacturers of substances and 2 years for manufacturers of mixtures. Based on stakeholder feedback, OSHA has lengthened the timeline in the final rule to 18 months for manufacturers of substances and 36 months for manufacturers of mixtures, as measured from the effective date of the final rule of July 19, 2024.

OSHA has also established a summary page on its recent HazCom changes, including the final rule, that they may continue updating with additional final rule details.

The new HazCom final rule will not have the same level of impact as the 2012 final rule that first aligned HazCom with the GHS. The current changes are more limited in scope, affecting a handful of chemical hazard classes, and specific details related to chemical classification and information on SDSs. Even so, many manufacturers will have to reclassify some of their products, resulting in new SDSs and shipped container labels. End users of those chemicals will need to be aware of whether they have products affected by the changes, and be ready to track and use updated SDSs, including incorporation of any updated hazard classifications in their workplace labeling system and HazCom training.

Preparation starts by having uncomplicated ways to maintain an up-to-date SDS library that you can access from anywhere. Make sure you have the tools you need to keep up with the changes that will now be going into effect and protect the safety of your workers.

Watch this page for future updates on the OSHA final rule revising the HazCom Standard, including a deeper dive into the updated requirements.

Let VelocityEHS Help!

There’s never been a more urgent time to make sure your chemical and SDS management practices are working effectively. The VelocityEHS Safety Solution makes it easy for you to maintain an updated SDS library that you and your people can access from anywhere 24/7, along with streamlined ability to manage other core safety tasks such as inspections (including ability to develop and implement tailored chemical storage location inspection checklists), safety meetings, incident investigations, and corrective actions management.

If you need deeper insights into your chemical inventory, the Velocity Chemical Management Solution gives you the insights you need. This solution contains chemical ingredient indexing capabilities that use machine learning to extract information on chemical ingredients from SDSs, cross-reference them against various regulatory lists such as EPA’s Extremely Hazardous Substances (EHSs) and Toxic Release Inventory (TRI) reportable chemicals, and provides you with a Levels of Concern (LoC) summary containing regulatory radar screen “hits” and other key information, such as established Occupational Exposure Limits (OELs) you need to be aware of when managing your indoor air sampling program.

Contact us today to learn more about our solutions and services and the ways we can help you maintain compliance with HazCom or schedule a demo.

The post Regulatory Alert: OSHA Publishes Final Rule Revising the HazCom Standard appeared first on VelocityEHS.

The July 1 deadline for Toxic Release Inventory (TRI)/Form R reporting is quickly approaching. This year, an additional challenge that many EHS professionals may not know about is that EPA added additional per- and polyfluoroalkyl substances (PFAS) to the list of TRI reportable chemicals. You need to know whether you have TRI-listed PFAS in your inventory, and how much of them you used to determine if you need to complete and submit TRI reports for those chemicals. You’ll also need to understand how to keep up with requirements as EPA adds new PFAS chemicals to the TRI list in subsequent years.

In what follows, we’ll dive deeper into the addition of these PFAS chemicals to the TRI list, summarize what it means for you, and provide takeaways about chemical management and strategies for remaining in compliance with regulatory requirements.

What is the Background of TRI Reporting?

Section 313 of the Emergency Planning and Community Right to Know Act (EPCRA) establishes the obligation for certain facilities to prepare and submit a Toxic Release Inventory (TRI) Report, aka a Form R report, if their usage of TRI-listed chemicals exceeded applicable thresholds. Like other aspects of EPCRA, including Tier II reporting, EPA intends for TRI reporting to improve availability of information about the types and quantities of hazardous chemicals stored and used in facilities, to improve the effectiveness and safety of emergency response activities in the event of a spill or chemical release. At the time EPCRA passed, governments and communities around the world saw the need for better information about hazardous chemicals following the catastrophic release of deadly methyl isocyanate (MIC) gas at a Union Carbide facility in Bhopal, India in late 1984. Poor accessibility of information about the chemical and its hazards contributed to the severity of the accident, resulting in many thousands of deaths and hundreds of thousands of injuries and illnesses.

EPA makes information submitted by TRI reporting facilities publicly available via a variety of methods so users, including researchers and first responders, can obtain details about hazardous chemicals used in or near specific communities.

Not all facilities that store and use hazardous chemicals need to complete and submit TRI reports. You first need to determine if your six-digit NAICS code is subject to the requirement by consulting the most current list. Then, you determine if your facility had ten (10) or more full-time equivalent (FTE) employees during the reporting year, and finally, you determine if you manufactured, processed, or otherwise used an amount of a TRI-reportable chemical that exceeded the reporting threshold during the reporting year. You’ll need to complete and submit reports if your facility meets all three applicability criteria.

For most TRI-listed chemicals, the applicability thresholds are:

• 25,000 pounds for chemicals manufactured during the reporting year;
• 25,000 pounds for chemicals processed during the reporting year, including chemicals used in processes to manufacture other chemicals, and chemicals repackaged for distribution in commerce; and
• 10,000 pounds for chemicals “otherwise used,” a category that includes most uses not classified as either manufactured or processed, including chemicals used as cleanup solvents or as catalysts.

However, some categories of chemicals have lower thresholds, including persistent, bioaccumulative and toxic (PBT) chemicals such as lead, mercury, polycyclic aromatic hydrocarbons (PAHs), hexabromocyclododecane (HBCD), and dioxins and dioxin-like compounds have significantly lower thresholds. If you have chemicals with lower thresholds, you have an even more urgent need to know whether you have these chemicals in your inventory, and whether your usage in any reporting year exceeds the TRI applicability thresholds for those chemicals.

If you exceed thresholds for any TRI-reportable chemicals within a reporting year, you need to prepare and submit TRI reports for all applicable chemicals using EPA’s TRI-ME software, accessible via EPA’s Central Data Exchange (CDX). The deadline for TRI reports is July 1 each year for the previous calendar year’s data.

It’s also important to remember that EPA regularly updates its list of TRI-reportable chemicals, so you’ll always need to make sure you have the most recent list.

Why is EPA Adding More PFAS to the TRI List?

Speaking of updates to the TRI list, EPA has been adding new PFAS to the list annually for years now. Here’s the background you need to know.

PFAS are a broad class of synthetic chemicals that chemical manufacturers have produced in significant quantities since the 1940s. Historically, they have often been present in products such as firefighting foams, food packaging, and cooking ware.

While PFAS are still in use today, many companies are reducing their usage due to a growing number of studies indicating linkages between exposure to PFAS and various health effects, including reproductive and developmental defects, liver and kidney damage, and development of tumors. Concern over the use of PFAS has increased due to recent instances of significant PFAS contamination, such as a 25-square mile swath in Western Michigan impacted from decades of nearby manufacturing activities. Evidence of the risks PFAS pose to human health and the environment, and their persistence due to resistance to decomposition, have earned PFAS the label “forever chemicals” and resulted in increasing public concern and attention from regulators.

In the US, EPA is undertaking a “whole agency” response to the risks of PFAS, as described on the agency’s PFAS landing page. EPA’s actions include proposed rules to require management of specific PFAS as hazardous waste, monitoring PFAS in drinking water systems, and finalizing a significant new use rule (SNUR) preventing companies from starting or resuming the manufacture or processing of 329 PFAS that have not been made or used for many years without a complete EPA review and risk determination.

The US government also is addressing PFAS through the National Defense Authorization Act (NDAA), which is an annual bill that Congress uses to set guidelines for defense policy, as well as a range of issues managed by agencies outside of the Defense Department. Section 7321 of the NDAA for Fiscal Year 2020, signed into law on December 20, 2019, immediately added 160 specific PFAS to EPA’s list of TRI-reportable chemicals.

Earlier, you learned that the reporting thresholds for most chemicals are 10,000 pounds (for otherwise used) or 25,000 pounds (for manufactured or processed), but that some chemicals have much lower thresholds, including all PFAS on the TRI list to date. All PFAS that EPA has added to the TRI list have a reporting threshold of only 100 pounds, whether manufactured, processed, or otherwise used. Therefore, significantly lower quantities of these chemicals will trigger TRI reporting requirements—underscoring the need for establishments to ensure accurate tracking of inventory, throughput, and environmental releases.

The NDAA also includes a mechanism to automatically add new PFAS to the TRI list following certain EPA actions. For example, Section 7321(c) states that whenever EPA finalizes a toxicity value for a PFAS, that PFAS will be added to the TRI list on January 1 of the following calendar year. We’ve already been through several cycles of new PFAS added to the list of TRI chemicals, all of them with the 100-pound reporting threshold.

And that brings us right up to the present.

Which PFAS is EPA Adding to the TRI List?

The NDAA has continued to add new PFAS to the TRI list each year since 2020. For Reporting Year 2023 (TRI reports due by July 1, 2024), the NDAA added nine additional PFAS to the TRI list, bringing the total number of reportable PFAS to 189 for this reporting season. This means that if you manufactured, processed, or otherwise used any of these PFAS over the course of 2023, you’ll need to determine if the total amount used exceeded the 100-lb reporting threshold, and prepare Form R reports for those PFAS that exceeded the reporting threshold.

For Reporting Year 2024 (TRI reports due by July 1, 2025), the NDAA automatically added seven additional PFAS to the TRI list. Facilities in TRI-covered industry sectors should begin tracking and collecting data on these chemicals during 2024, for potential inclusion on TRI reports submitted in 2025 if usages exceed the 100-lb reporting threshold over the course of 2024.

The chart below summarizes the PFAS added to the TRI list for the 2023 and 2024 reporting years, and the dates that reports will be due, if applicable.

Also, be sure you’re familiar with the full list of TRI-reportable PFAS. For that matter, it’s always a good idea to make sure you have the most recent list of all TRI-reportable chemicals.

EPA has compiled existing TRI reporting guidance to address frequently asked questions related to PFAS reporting and gathered links to external technical guidance.

What are the Takeaways on PFAS for EHS Professionals?

As you can see, the list of TRI-reportable chemicals continues to grow as EPA adds new PFAS. How can you be sure you’re doing what you need to do to keep up with TRI reporting requirements?

Here are key takeaways for EHS professionals.

You Need an Up-to-Date Safety Data Sheet (SDS) Library

SDSs are a primary source of information about the hazardous chemicals in your inventory, including composition, physical characteristics, safe handling procedures, and symptoms of exposure. For this season, having an up-to-date SDS library is a prerequisite for maintaining Form R compliance. The challenge has historically been that physical SDSs are difficult to access, especially when you’re not physically present at a facility, or when you have responsibility for multiple facilities.

Chemical management software makes it much easier to maintain an up-to-date SDS library, and to access your SDS from anywhere using mobile devices. If you have responsibility for multiple facilities, you’ll benefit even more from the ability to quickly pull up one of your operating locations from an organizational tree and review their chemical inventory, or conversely, to search for a specific chemical and identify all the locations currently using it.

Chemical Ingredient Indexing Can Help

One of the challenges of TRI reporting has always been difficulty knowing your chemical inventory at the ingredient level, so you can know whether chemical products you use contain TRI-reportable ingredients. Product names often have names like “Topcoat B” that offer few clues about what’s in them, which means you need to put in the work to manually review each SDS and somehow flag the chemicals on regulatory lists like EPA’s growing list of TRI-reportable chemicals.

Chemical management software helps here by making it easy to see individual ingredients within your products. The software then provides information about ingredient levels of concern (LOCs), which is a kind of hazard snapshot summarizing key information such as the regulatory lists that the ingredient appears on, including EPA’s up-to-date TRI list. You’ll have the information you need at a glance to know if you have TRI-reportable ingredients hidden in your chemical inventory—a benefit that’s more important than ever as the TRI list continues to grow.

Let VelocityEHS Help!

Having the right tools in place will go a long way to help you maintain compliance with current and future TRI reporting requirements for PFAS. VelocityEHS’ Chemical Management software offers easy management of your chemical inventory and SDS library, with the capability of providing 24/7 access to SDSs for your entire workforce.

Sophisticated ingredient indexing features make your chemical inventory visible right down to the ingredient level. Combined with a regulatory flagging feature, the indexing capability gives you a useful summary of relevant information including the ingredient level of concern and regulatory lists that the ingredient appears on. You’ll be able to quickly identify whether you use TRI-listed PFAS in your establishment, and track whether usages exceed reporting thresholds.

To learn more about how VelocityEHS can help you with TRI reporting and other areas of chemical regulatory compliance, including OSHA’s HazCom Standard and EPA Tier II reporting, schedule a demo with us today!

The post EPA Adds New PFAS Chemicals to TRI/Form R Reporting List appeared first on VelocityEHS.