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The Environmental Protection Agency published the Final Rule “EPCRA Hazardous Chemical Inventory Reporting Requirements: Conformity with the 2024 OSHA Hazard Communication Standard” on Monday, June 22, 2026. This final rule updates the Emergency Planning and Community Right-to-Know Act (EPCRA) Sections 311 and 312 Hazardous Chemical Inventory Reporting regulations codified at 40 CFR part 370 to conform to the Occupational Safety and Health Administration’s (OSHA’s) Hazard Communication Standard at 29 CFR 1910.1200. EPCRA is also commonly known as Title III of the Superfund Amendments and Reauthorization Act (SARA Title III).
These revisions are to be used for the 2027 EPCRA section 312 reporting period, which requires that the hazardous chemical inventory forms (i.e., Tier II Forms) be submitted by March 1, 2028. The section 311 lists or SDS submissions are required to use the new hazard categories by January 1, 2028. For reporting guidance and flexibilities see: EPCRA Hazardous Chemical Inventory Reporting - Revisions to Hazard Categories and Reporting Guidance.
The finalize hazard categories are amended from those proposed to expand the Acute Toxicity, Inhalation hazard category to include specific hazard categories for vapors, gases, and dusts and mists, and to correct that the hazard category Oxidizing Gases is Oxidizing Gases—Category 1. See the attached Excel file “2027 EPCRA Hazard Categories and OHSA Hazard Category Crosswalk_May 2026” for the full list.
Background: The hazardous chemical inventory reporting requirements rely on OSHA's HazCom Standard for the definition of a hazardous chemical and for the categories of health and physical hazards that must be reported by facilities to their State Emergency Response Commissions (SERCs), Local Emergency Planning Committees (LEPCs), and fire departments. In 2012, OSHA revised its HazCom Standard to adopt the United Nations Globally Harmonized System of Classification and Labeling of Chemicals, which is commonly known as the GHS [77 FR 17574; March 26, 2012]. In 2016, the EPA revised the EPCRA sections 311 and 312 hazard categories to conform with the 2012 revisions to the OSHA HazCom Standard [81 FR 38104; June 13, 2016]. In 2024, OSHA again revised its HazCom Standard to conform with the GHS, primarily revision 7 [89 FR 441444; May 20, 2024]. In 2026, EPA published a final rule [91 FR 37022; May 22, 2026] to conform the regulations for EPCRA sections 311 and 312 Hazardous Chemical Inventory Reporting at 40 CFR part 370 to the OSHA HazCom Standard amendments [77 FR 17574; March 26, 2012 and 89 FR 44144; May 20, 2024].
Actions in this Final Rule:
- Adopts the OSHA hazard classes with their categories as the EPCRA hazard categories which will improve first responder and community safety, reduce discrepancies and confusion, streamline reporting, and allow direct data transfer from the OSHA mandated Safety Data Sheets (SDSs) to the hazardous chemical inventory form (i.e., Tier II Form).
- Commits to the term Safety Data Sheet (SDS) by removing the use of the term Material Safety Data Sheet (MSDS), while noting that these terms mean the same thing.
- Improves readability of the regulation with minor plain language, clarifying, and consistency updates throughout the regulation.
- Acknowledges that OSHA codified a definition for combustible dust at 29 CFR 1910.1200(c): “Combustible dust means finely divided solid particulates of a substance or mixture that pose a flash-fire hazard or explosion hazard when dispersed in air or other oxidizing media.”
Guidance and Resources:
OSHA HazCom Standard Publications:
Upcoming Materials with anticipated publication dates:
- Federal Facility Requirements Facts – November/December 2026
- Tier II Data Standard Revisions – February 2027
- EPCRA Training Module in FedTalent – March/April 2027
- Tier2 Submit 2027 – November 2027
- CAMEO Data Manager 2027 – November 2027
- Tier II Form pdf (Final) – November 2027
- Regulatory Overview and Instructions for the Tier II Form (Final) – November 2027
If you have any questions, please contact Jennifer Barre via email at infocenter-chemical-oil@epa.gov.
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