EPA Moves to Align EPCRA with OSHA HCS 2024
Written By: Atanu Das on Tuesday, November 18, 2025
Bridging the Gap: Why EPCRA Must Conform to the US OSHA HCS 2024
The regulatory landscape governing hazardous chemicals in the United States is constantly evolving, driven by the global effort to standardize chemical safety information. The recent technical amendments proposed by the Environmental Protection Agency (EPA) to the Emergency Planning and Community Right-to-Know Act (EPCRA) highlight a critical convergence point with the U.S. Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HCS) 2024.
These amendments are not merely bureaucratic updates; they are a necessary step to ensure that the information used for community emergency planning is consistent, clear, and modern.
The "Why": Mandate, Consistency, and Community Safety
The requirement for EPCRA's chemical inventory reporting (specifically under Sections 311 and 312) to align with OSHA’s HCS is deeply rooted in statute and driven by the principle of regulatory harmonization.
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Statutory Requirement: The EPCRA statute itself relies on OSHA's HCS (29 CFR 1910.1200) for the fundamental definitions of "hazardous chemical," "physical hazard," and "health hazard." When OSHA updated its HCS in 2024 to conform to the latest revisions of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS), the EPA became legally bound to update its EPCRA regulations (40 CFR Part 370) to adopt the new definitions and hazard categories.
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Improved Clarity and Burden Reduction: Having two distinct sets of hazard classifications for the same chemical places a significant burden on facilities and can lead to interpretation errors. By conforming to the HCS 2024, the EPA seeks to simplify reporting for the regulated community and prevent confusion for State Emergency Response Commissions (SERCs), Local Emergency Planning Committees (LEPCs), and fire departments.
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Enhanced Emergency Response: The primary purpose of EPCRA is to provide local emergency planners and first responders with accurate information on hazardous chemicals. The HCS 2024 update improves chemical hazard awareness by instituting changes to how hazard information is presented on Safety Data Sheets (SDSs). Aligning EPCRA reporting with these updated SDSs provides emergency responders with more precise and actionable data during a crisis, ultimately improving first responder and community safety.
The "How": Alignment Steps for Inventory Reporting
The technical amendments focus on revising 40 CFR Part 370 to ensure EPCRA's inventory reporting (Tier II forms) directly uses the structure and categories established by the OSHA HCS 2024.
Here are the key alignment steps and examples illustrating the changes:
| Alignment Step | Description & Rationale | Example of Change in Reporting |
| 1. Adoption of New Hazard Categories | EPCRA Tier II reporting must fully adopt the revised classification system from the HCS 2024. This ensures that the way a chemical is classified for worker protection (OSHA) is the same way it is classified for emergency planning (EPCRA). | Old EPCRA: Reporting under broad groups like "Sudden Release of Pressure" or "Reactive." New EPCRA (HCS 2024): Reporting will use the more granular, defined GHS physical and health hazard classes (e.g., "Gases under pressure," "Pyrophoric liquid," or "Carcinogenicity"). |
| 2. Terminology Standardization | The outdated term Material Safety Data Sheet (MSDS) is being fully removed and replaced everywhere with Safety Data Sheet (SDS) to conform to the GHS-aligned OSHA standard. | Before: Facilities might see "MSDS" and "SDS" used interchangeably in EPCRA guidance. After: The regulations will solely reference the SDS, reinforcing the use of the standardized 16-section format required by OSHA for a clearer information structure. |
| 3. Updating Statutory Definitions | The amendments revise the definitions within 40 CFR Part 370 to match the updated language and scope of the HCS 2024. This includes moving definitions (from § 370.66 to § 370.3) for improved clarity. | Before: A definition for a hazardous chemical might inadvertently rely on outdated HCS 2012 language. After: Definitions, such as those related to physical and health hazards, are explicitly tied to the current HCS 2024, ensuring accurate chemical classification based on the latest scientific criteria. |
| 4. Uniform Reporting Forms | The EPA must publish a uniform format for the annual chemical inventory forms (Tier II) that specifically accommodates and utilizes the new hazard categories defined by the HCS 2024. | Impact: When facilities file their annual inventory (due March 1st), the fields on the electronic or paper Tier II form must accurately reflect the new hazard classes, ensuring that first responders receive the specific hazard data they need to prepare for an emergency. |
By aligning its reporting requirements with the US OSHA HCS 2024, the EPA is ensuring that hazardous chemical safety data is standardized from the factory floor to the fire department—a vital step toward a safer, more informed community.