This summary is to provide an introduction to EPCRA related responsibilities for Delaware businesses but does not attempt to fully explain all aspects of the applicable laws and regulations; the actual Federal and State regulations must be consulted for complete information. Compliance with this summary will not be a defense to a violation of the laws or regulations.
Any facility required by U.S. Occupational Safety and Health Administration (OSHA)
regulations or Delaware's "Worker Right-to-Know" provisions to prepare or maintain an MSDS for a chemical on-site may be covered.
material safety data Sheets (MSDSs) provide important information concerning the identity, properties, and hazards of chemicals. They also contain other useful information, such as fire fighting precautions.
Two groups of chemicals are covered:
Extremely Hazardous Substances: A list of over 360 substances identified by the U.S. EPA.
List of Extremely Hazardous Substances
[Alphabetical Order] [CAS Number Order]
Hazardous Chemicals: Any chemical considered a physical or health hazard under OSHA's Hazard Communication Standard. THERE IS NOT A LIST OF THESE SUBSTANCES!
If at any time during the year the amount of a chemical you have at your facility meets or exceeds the following threshold amounts, the chemical may be reportable:
- Extremely Hazardous Substances - 55 gallons, 500 pounds, or the Threshold Planning Quantity (TPQ), whichever is lower.
- Hazardous Chemicals - 55 gallons or 500 pounds, whichever is lower (Note: There are some substances for which a higher threshold may apply; contact the Delaware EPCRA Reporting Program for more information).
Under the Federal requirements, facilities may satisfy this reporting requirement by submitting a copy of the MSDS for each hazardous chemical OR by preparing a list of hazardous chemicals for which an MSDS is maintained and the physical and health hazards associated with each of the chemicals. In Delaware, a list is requested in lieu of MSDSs. Actual copies of MSDSs for certain substances will be requested as necessary for emergency planning and response references, or to fulfill public requests.
Facilities can also submit 311 MSDS lists on-line through our web-based reporting system known as Tier II Manager™. Tier II Manager™ can be accessed at: https://tierii.dnrec.delaware.gov/tier2/submit/
Federal EPCRA regulations require that MSDSs (or a list of MSDSs) be sent to the SERC, to the LEPC and to the local fire department; however, in Delaware by submitting the MSDS list to the Delaware EPCRA Reporting Program
you fulfill your reporting requirements under both state and federal law.
This reporting includes an initial submittal and periodic updates. Once an initial submittal has been made, updates should be prepared and submitted within three months of the receipt of a new chemical, a chemical first exceeding the threshold, or a significant change in hazard information for a chemical.