Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (Renewal)
Extension without change of a currently approved collection
No
Regular
08/28/2026
table that charts list comparision
Requested
Previously Approved
36 Months From Approved
08/31/2026
465,692
471,787
6,963,271
6,963,271
2,007,712
1,715,094
This information collection request (ICR) is for the reporting requirements of sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 [42 U.S.C 11011 and § 11012], as codified in 40 CFR part 370. The EPCRA Statute was authorized by Title III of the Superfund Amendments and Reauthorization Act (SARA Title III) [42 U.S.C 11042] to help communities plan for chemical emergencies. The information collected affiliated with this ICR is submitted by each facility to its State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and the fire department with jurisdiction; the EPA does not receive, collect, or maintain a collection of this information. Note that Tribal Emergency Response Commissions (TERCs) are a form of SERC, and any Tribal Emergency Planning Committees (TEPCs) are a form of a LEPC. This ICR renews ICR 1352.16, which is currently approved under OMB Control No. 2050-0072 through August 31, 2026.
These sections of EPCRA require that facilities, which are subject to the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS), submit reports notifying their state and local implementing agencies of the presence of hazardous chemicals used or stored on-site at or above the thresholds specified in 40 CFR 370.10. Exemptions to the OSHA HCS are at 29 CFR 1910.1200(b)(6). Further, EPCRA provides exemptions to its definitions of a hazardous chemical in section 311(e) [42 U.S.C. 11001(e)] as codified at 40 CFR 370.13. See Appendix A for the list of exemptions provided under the OSHA HCS and EPCRA.
Section 311 [42 U.S.C. 11001] as codified at 40 CFR 370.30 â 370.33 requires facilities to submit Safety Data Sheets (SDSs) or a list of their chemicals present on-site. The EPCRA section 311 reporting is a one-time report, with updates required if significant new information is discovered, new hazardous chemicals are present on sites above the reporting thresholds, or the LEPC makes a request of the facility. The deadline for initial submittal was October 17, 1987, new facilities that become subject to the regulation or existing facilities with new information have three months to comply with the reporting requirements. Facilities do not submit section 311 information to the EPA.
Section 312 [42 U.S.C. 11002] as codified at 40 CFR 370.40 â 370.45 requires facilities, that are subject to section 311, submit an annual hazardous chemical inventory form. The EPA is required to publish two emergency and hazardous chemical inventory forms (i.e., Tier I Form and Tier II Form). The Tier I Form provides the minimum amount of information necessary to comply with the section and the Tier II Form provides chemical specific information. No state accepts the Tier I Form. All states require the use of the Tier II form, or a state equivalent form. These forms provide state and local emergency planners and first responders and the communities with information regarding the chemical hazards at these facilities. The deadline for initial submission was March 1, 1988, with annual submissions required by March 1 of each year for the prior calendar yearâs chemical inventory. Facilities do not submit section 312 information to the EPA.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.