Annual Supplier Chemical Notification: Does This Affect Your Company?

The EPA periodically sends reminder notices to companies with Toxic Release Inventory submissions reminding them of annual supplier chemical notification requirements under EPCRA Section 313. If you manufacture, process, or distribute chemicals on the EPCRA toxic chemical list, this requirement may apply to your operations.

⚡ TL;DR: Manufacturers in SIC 20-39 codes who process or distribute EPCRA Section 313 toxic chemicals must notify customers annually with the first shipment each calendar year. Notification must identify the chemical by name and CAS number plus percentage by weight. Recordkeeping required for 3 years.

This annual notifications rule can be found at 40 CFR 372.45.

Who Does This Affect?

SIC codes 20-39 (or NAICS codes corresponding to those SIC categories), and
You manufacture (including import) or process a toxic chemical on the EPCRA Section 313 list, then
You sell/distribute that chemical under a trade name, or sell/distribute a mixture containing one or more of these chemicals.

⚠️ What’s at stake: Failing to provide required supplier chemical notifications results in EPA penalties of $25,000+ per violation per customer notification missed. Inaccurate chemical composition information can trigger customer regulatory violations and product liability exposure. Multi-customer violations easily accumulate to $100,000+ in penalties.

The Notification

An annual notification must be sent with the first shipment of the chemical sent within the calendar year. The notice needs to include the following information:

A statement that the mixture or trade name product includes a toxic chemical listed pursuant to EPCRA section 313 or 40 CFR Part 372;
The name and, if applicable, associated CAS registry number of each listed chemical, and;
The percentage by weight of each listed chemical in the mixture or trade name product.

The chemical notification can be a letter, a label or a written notice within the shipping papers.

Exclusions

There are a few exclusions to this rule, including not falling within those specific SIC/NAICS codes, the chemical being a result of a chemical reaction from two or more chemicals mixed, if the chemical is prepared for consumer use, the quantity being below the de minimis level, or if it’s a waste.

Recordkeeping

You’re required to keep records for 3 years including notifications sent to recipients, all supporting materials used to develop the notice, and trade secret justifications if applicable.

Does your chemical distribution system include documented EPCRA Section 313 notifications? iSi Environmental helps manufacturers assess whether supplier notification requirements apply to your operations and implements compliant notification and recordkeeping systems. Get started →

Frequently Asked Questions

Q: Which companies are required to provide annual supplier chemical notifications under EPCRA Section 313?

Companies in SIC codes 20-39 (manufacturing industries) or equivalent NAICS codes that manufacture, import, or process chemicals listed on the EPCRA Section 313 toxic chemical list must provide annual notifications if they distribute these chemicals or mixtures containing them under trade names. The notification must be sent with the first shipment of the chemical within each calendar year and include the chemical name, CAS registry number, and percentage by weight in the mixture. iSi Environmental helps chemical manufacturers in Kansas and Oklahoma ensure compliance with these annual notification requirements.

Q: What information must be included in an EPCRA Section 313 supplier chemical notification?

The supplier chemical notification must state that the mixture or trade name product contains a listed toxic chemical, identify each listed chemical by name and CAS registry number, and specify the percentage by weight of each chemical in the product. The notification can be provided as a letter, product label, or written notice included in shipping papers. This information helps customers understand chemical composition for their own compliance and safety requirements. iSi Environmental ensures notifications are accurate and properly documented for EPA compliance.

Q: What are the recordkeeping requirements for supplier chemical notifications?

Companies must maintain records of all chemical notifications sent to recipients, supporting materials used to develop notices, and any trade secret justifications for at least three years. Records must be available for EPA inspection or audit requests. Failure to maintain proper records or provide timely notifications can result in EPA penalties and enforcement action.

Q: What exemptions apply to the supplier chemical notification requirement?

Exemptions include companies outside SIC 20-39 codes, chemicals resulting from a chemical reaction between two or more mixed chemicals, products prepared for consumer use, chemicals below the de minimis level, and waste streams. Companies must carefully evaluate whether their products and operations meet these exemption criteria. iSi Environmental evaluates client operations to determine which EPCRA Section 313 notification requirements apply.

💰 The cost of non-compliance: Missing supplier chemical notifications: $25,000+ per customer notification per violation per year. Inaccurate chemical information: $25,000+ per violation plus customer liability exposure. Three-year recordkeeping violations: $25,000+ per violation. Multi-customer, multi-year violations easily reach six figures.

Every satisfactory compliance program starts with knowing where the gaps are. iSi Environmental helps chemical manufacturers and distributors assess EPCRA Section 313 obligations and implement compliant supplier notification and recordkeeping systems. Schedule a compliance review →

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