What You Can Learn from Starbucks' EPCRA Violations
Starbucks and EPA EPCRA violations? Any company can be subject to EPCRA with the right types and quantities of hazardous chemicals.
Starbucks faced a $100,000 EPA settlement for failing to file EPCRA Tier II forms for two store locations holding sulfuric acid. The case demonstrates a surprising truth: EPCRA applies to far more industries than most realize, and “not knowing” is not a defense.
⚡ In short: Two Starbucks locations failed to report hazardous chemicals (sulfuric acid) above threshold quantities for 2017–2018, resulting in a $100,000 penalty even after settlement negotiation. EPCRA Tier II applies to any facility storing 10,000 lbs. of hazardous chemicals or 500 lbs. of extremely hazardous substances. Reporting is due March 1 annually. Violations carry $75,000+ per day penalties.
The Emergency Planning and Community Right to Know Act requires facilities to report emergency and hazardous chemical information to state and local emergency response officials and fire departments.
⚠️ Why this matters: Facilities outside “obvious” chemical industries — retail, hospitality, healthcare, food service — often miss EPCRA entirely. Once EPA determines you’re reportable, they look back at prior years. Starbucks’ settlement covered only two years, but multi-year non-compliance can exceed $1 million in penalties. EPCRA non-compliance also surfaces during Due Diligence for facility sales or financing, creating title issues and liability transfers.
Starbucks’s Violations
EPA found 2 Starbucks stores had not filed EPCRA Tier II forms when they should have for the years 2017 and 2018. The stores were storing hazardous chemicals, including sulfuric acid.
The Starbucks case shows that even companies who you don’t typically associate hazardous chemicals with can still be required to report. There are 800,000 chemicals on the list of hazardous chemicals and extremely hazardous substances that could apply, so many different types of companies can be affected.
Starbucks negotiated a reduced fine of $100,000, so the error of not knowing can also be very costly.
Does EPCRA 312 Apply to Your Facility?
First, all chemicals you’re required to keep a Safety Data Sheet (SDS) for per OSHA requirements are subject to reporting. Next, determine if the quantities on-site at any one time last year met the thresholds for reporting.
For Extremely Hazardous Substances listed in 40 CFR part 355 Appendix A and Appendix B, the reporting quantity is 500 pounds or the amount of the Threshold Planning Quantity (TPQ), (whichever is lower). For all other hazardous chemicals, the threshold is 10,000 pounds.
There are a few exclusions per EPCRA for food, food additives, drugs, cosmetics, substances for general/household purposes for use by the general public, fertilizer sold to farmers, and substances used by research labs and hospitals.
Reporting is due March 1, but now is a good time to determine if this applies to you and to develop a system to track quantities so that you’ll know what your final numbers will be at the end of the year.
The Starbucks case shows that EPCRA applies across industries far beyond traditional manufacturing. Restaurants using degreasers, hospitals with disinfectants, schools with science labs, and retail businesses using floor cleaners or pesticides can all trigger Tier II reporting. If you use any chemical requiring a Safety Data Sheet, EPCRA obligations follow.
Frequently Asked Questions
Q: Why did Starbucks receive EPCRA violations?
Two Starbucks locations failed to file EPCRA Tier II forms for 2017-2018 despite storing hazardous chemicals including sulfuric acid. The EPA assessed a $100,000 penalty (reduced through settlement), demonstrating that facilities in unexpected industries can be subject to EPCRA reporting. Starbucks’ case illustrates that unfamiliarity with EPCRA requirements is not a defense against violations.
Q: Who must report under EPCRA Section 312 (Tier II)?
Any facility that stores hazardous chemicals triggering OSHA SDS requirements or extremely hazardous substances exceeding threshold quantities must report. For extremely hazardous substances (40 CFR Part 355 Appendix A and B), the reporting threshold is 500 pounds or the Threshold Planning Quantity, whichever is lower. For other hazardous chemicals, the threshold is 10,000 pounds maximum at one time.
Q: What is the deadline for Tier II reporting and where does it go?
Tier II reports are due by March 1 each year to the state environmental agency, local fire department, and local emergency planning committee. Reports are public information. Facilities must track chemical inventory throughout the year to accurately report maximum quantities. Failure to report carries penalties starting at $75,000 per day of violation.
Q: What companies are most likely to be subject to EPCRA Tier II?
EPCRA can apply to any facility storing chemicals on the EPA’s hazardous chemicals list. Beyond obvious industrial operations, facilities affected include restaurants using cleaning chemicals, hospitals using disinfectants and laboratory chemicals, schools with science labs, and retail businesses using floor cleaners or pesticides. iSi Environmental helps diverse industries in Kansas, Oklahoma, and Kansas City assess EPCRA obligations.
💰 What EPCRA non-compliance costs: Starbucks’ settlement for two locations and two years ran $100,000. Multi-year non-compliance can exceed $1 million in accumulated penalties ($75,000+ per day per facility). Add facility sale delays, Due Diligence liability transfers, and mandatory regulatory audit costs — early assessment and immediate remediation save six figures and prevent title complications.
Need an EPCRA applicability assessment or Tier II compliance setup? Run the 60-second Compliance Gap check or get a scoped EPCRA proposal from our team.
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