Q. What chemicals are subject to Tier II reporting?

A. Hazardous chemicals. Hazardous chemicals must be reported if they exceed a threshold in 40 CFR 370.10, but no list of hazardous chemicals exists. A substance is considered a hazardous chemical if it is required to have a safety data sheet (SDS) and meets the definition of hazardous chemical under Occupational Safety and Health Administration (OSHA) regulations. OSHA defines a hazardous chemical as any chemical that is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, a pyrophoric gas, or a hazard not otherwise classified. So any hazardous chemical for which a facility is required to maintain or prepare an SDS must be included in the report.

Extremely hazardous substances (EHSs). EHSs are a subset of hazardous chemicals that are specifically listed under 40 Code of Federal Regulations (CFR) 355, Appendices A and B. Each is listed with a corresponding threshold planning quantity (TPQ).

Exemptions

Chemicals for which a facility is not required to maintain an SDS do not need to be included in a Tier II Hazardous Chemical Inventory Report. In addition, each of the following is exempt from inclusion in Tier II reports:

• Any food, food additive, color additive, drug, or cosmetic regulated by the U.S. Food and Drug Administration (FDA).
• Any substance present as a solid in any manufactured item, as long as exposure to the substance does not occur under normal conditions of use.
• Any substance that is used for personal, family, or household purposes or is present in the same form and concentration as a product packaged for distribution and use by the general public. In this context, “present in the same form and concentration as a product packaged for distribution and use by the general public” means a substance packaged in a similar manner to and present in the same concentration as the substance when packaged for use by the general public, whether or not it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public.
• Any substance that is used in a research laboratory or hospital or another medical facility under the direct supervision of a technically qualified individual.
• Any substance that is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.