EPA Aligns EPCRA Reporting with OSHA HazCom Standard

On June 22, 2026, the U.S. Environmental Protection Agency (EPA) published a final rule that aligns hazardous chemical inventory reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) with the Occupational Safety and Health Administration’s (OSHA) 2024 Hazard Communication Standard (HCS).

The rule lets facilities:

• Pull hazard information straight from their Safety Data Sheets (SDS) instead of translating it into a different reporting format.
• Updates outdated “Material Safety Data Sheet (MSDS)” language.
• Refreshes the annual hazardous chemical inventory forms. It does not add new reporting programs, change existing thresholds, or expand who must report.

This update applies to facilities already required to submit hazardous chemical inventories under EPCRA. The rule takes effect on August 21, 2026, but facilities have until January 1, 2028, to comply. The updated hazard categories will first appear on annual inventory reports for 2027, due March 1, 2028.

What Employers Should Do

Legal Requirements

• Continue submitting the existing hazardous chemical reports required under EPCRA, including the initial Safety Data Sheet (SDS) or chemical list submission and the annual hazardous chemical inventory due annually by March 1. Follow existing reporting thresholds and any state or local variations.
• Continue filing reports with State Emergency Response Commissions (SERCs), Tribal Emergency Response Commissions (TERCs), Local Emergency Planning Committees (LEPCs), Tribal Emergency Planning Committees (TEPCs), and local fire departments as required.
• Use the revised hazard categories aligned with OSHA’s 2024 HCS classifications (including aerosols, chemicals under pressure, desensitized explosives, chemically unstable gases, and updated acute toxicity classifications) starting January 1, 2028, with the first affected filing due March 1, 2028, for the 2027 reporting year.

Practical Considerations

• Review the current Safety Data Sheet (SDS) inventory to identify classifications that will change under the new framework, coordinate with chemical suppliers to obtain updated SDSs, and follow EPA’s transition guidance during the supplier transition period, particularly for aerosols, chemicals under pressure, chemically unstable gases, and desensitized explosives.
• Update reporting software (including any state or third-party systems), internal workflows, compliance procedures, and training materials so that Environmental, Health, and Safety (EHS) and compliance personnel can pull hazard information directly from the SDS.
• Consider engaging a Professional Employer Organization (PEO) or Administrative Services Organization (ASO) to help manage the compliance updates, training, and vendor coordination that come with this rulemaking.

Overview

Why the EPA Made the Change: The EPA stated that the alignment improves first responder safety, community access to hazard information, and reporting consistency, while reducing interpretation burdens and eliminating unnecessary conversion between OSHA and EPCRA hazard categories.

The Rule:

• Aligns EPCRA hazardous chemical inventory reporting with OSHA’s 2024 HCS by replacing the prior EPCRA hazard-category framework with OSHA’s more detailed hazard classes and categories.
• Facilities can generally report hazards using the classifications already shown on OSHA-compliant SDSs, eliminating the need to translate OSHA classifications into separate EPCRA categories.
• Updates the annual hazardous chemical inventory reporting forms (Tier I and Tier II) to reflect the new hazard-category structure and replaces “MSDS” terminology with “SDS” throughout the regulations.

What Does Not Change

• The rule does not create new reporting programs, does not change existing reporting thresholds, and does not change who must report.
• Covered facilities continue to file the existing hazardous chemical reports required under EPCRA, including the initial Safety Data Sheet (SDS) or chemical list submission and the annual hazardous chemical inventory (Tier I or Tier II), along with all reports to state and local emergency planning agencies and local fire departments.

New OSHA Hazard Classes Flowing into EPCRA Reporting

• The rule incorporates OSHA’s 2024 HCS classifications, including:
  • Aerosols.
  • Chemicals under pressure.
  • Desensitized explosives.
  • Chemically unstable gases.
  • Updated acute toxicity classifications.
  • Other revised physical and health hazard categories under OSHA’s Globally Harmonized System (GHS)-based framework.

• The number of hazard categories used for reporting expanded from 24 hazard classes to 112 hazard categories under the OSHA framework, providing more detailed hazard information for emergency responders.

Transition Period Guidance: Because chemical suppliers may transition to updated OSHA-compliant SDSs at different times, the EPA issued transition guidance explaining how facilities should report hazards during the transition period, particularly for aerosols, chemicals under pressure, chemically unstable gases, and desensitized explosives.

Why This Matters

The rule reshapes how hazards are classified and reported under EPCRA. For most covered facilities, the biggest project will be updating Safety Data Sheet (SDS) inventories, reporting software, and training materials so that hazard categories can be pulled directly from OSHA-compliant SDSs. Because the January 1, 2028, compliance date lines up with the 2027 annual hazardous chemical inventory (Tier II reports due March 1, 2028), facilities with large chemical inventories, multiple suppliers, or third-party reporting systems should treat 2026 and 2027 as the timeframe to prepare before the compliance deadline arrives.

Key Risks for Employers

• Violations can result in civil penalties of up to $71,545 per violation per day, with each day of noncompliance counted as a separate violation. The EPA calculates the actual amount case by case based on the seriousness of the violation, good-faith compliance efforts, and other factors.
• EPCRA authorizes broader daily fines ranging from about $28,619 to $214,637 per violation, depending on the type of violation. The higher-end fines typically apply to more serious violations, such as failing to report at all or ignoring an EPA compliance order. Amounts are adjusted annually for inflation.
• Citizens, states, and local groups can also bring civil lawsuits against facilities for EPCRA violations, which may result in court-ordered penalties, injunctive relief, and reimbursement of the plaintiff’s attorney’s fees. This adds an enforcement pathway independent of EPA action.

Source References

• EPA Final Rule – Press Release (June 25, 2026)
• EPA – EPCRA Hazardous Chemical Inventory Reporting Requirements: Conformity With the 2024 OSHA Hazard Communication Standard (June 22, 2026)

Resources

• EPA – EPCRA Hazardous Chemical Inventory Reporting – General Reporting Guidance
• EPCRA Hazardous Chemical Inventory Reporting – Revisions to Hazard Categories and Reporting Guidance

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