Q. Salt and aggregate are generally considered skin corrosive or irritants (eye) and carcinogenic, respectively, and must be included on the Tier II report. Is this correct?

A. In general, any substance with a Safety Data Sheet (SDS) is considered a hazardous chemical and is subject to Tier II reporting if it is present onsite at any time during the reporting year in quantities exceeding the threshold quantities.

The regulatory justification is provided in 40 CFR 370 and 29 CFR 1910.1200. Per 40 CFR 370.10, the hazardous chemical inventory reporting requirements, otherwise known as Tier II reporting, under federal EPCRA Section 312 apply to any facility where:

• Any hazardous chemical used or stored on-site is a listed extremely hazardous substance (EHS) and is present at the facility at any one time during the reporting year in an amount equal to or greater than 500 pounds (lb) or the threshold planning quantity (TPQ), whichever is less.
• The hazardous chemical is not an EHS and is present at the facility at any one time during the reporting year in an amount equal to or greater than 10,000 lb.

Salt and aggregate, as mentioned in the question, are not “listed EHSs” under 40 CFR 355, Appendices A and B. However, they can still be considered hazardous chemicals if they meet the definition of a hazardous chemical under OSHA’s HazCom standard (29 CFR 1910.1200) and therefore require an SDS. The substances in question are not exempt from the HazCom standard (29 CFR 1910.1200(b)(6)).

Per 29 CFR 1910.1200(c), a “hazardous chemical” means any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified. All substances meeting this definition, that are not otherwise exempt from the HazCom standard, must have an SDS (29 CFR 1910.1200(g)).