A service station stores both leaded and unleaded gasoline on-site. For the purpose of EPCRA 311 hazardous chemical inventory reporting, is the owner/operator of the facility required to submit separate material safety data sheets (MSDS) for each type of gasoline, or is a single MSDS sufficient?
Section 311 of EPCRA requires the owner/operator of a facility to submit a MSDS to the state and local authorities for each hazardous chemical present at the facility above appropriate thresholds. A hazardous chemical is defined under Occupational Safety and Health Act (OSHA) regulations codified at 40 CFR 1910.1200(c) as any chemical which poses a physical or health hazard. This definition also applies to EPCRA 311 and 312. A facility owner or operator is required under OSHA to prepare and maintain a MSDS for each hazardous chemical present on-site. The OSHA Hazard Communication Standard at 29 CFR 1910.1200(g)(4) specifies, however, that where complex mixtures have similar hazards and contents, it is sufficient to prepare one MSDS to apply to all similar mixtures. OSHA interprets this provision to permit the preparation of a single MSDS to cover all blends of leaded and unleaded gasoline, provided that hazards associated only with leaded gasoline, or only with unleaded gasoline, are identified separately on the MSDS. Consequently, the requirements under EPCRA 311 can be met either by submitting a separate MSDS for each type of gasoline if available, or by submitting one MSDS for all gasoline blends at the facility.