Submission of “Tier II” form is required under the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA).
The purpose of this form is to provide State, local officials, and the public with specific information on potential hazards and for these entities to use this information to prepare for and protect their communities from potential risks.
The requirement to prepare a Tier II form applies to the owner or operator of any facility that is required under OSHA regulations to prepare or have available a Safety Data Sheet (SDS) for a hazardous chemical present at the facility. This includes the locations, as well as the amount, of hazardous chemicals present at a facility during the previous calendar year.
A Tier II form does not have to be submitted if all of the chemicals located at your facility are excluded under Section 311(e) of EPCRA as outlined below.
· Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.
· Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
· Any substance to the extent it 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.
· Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.
· Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.
Tier II reporting requirements and methods vary state by state, so facilities should refer to their specific state guidelines when preparing and submitting their Tier II permit information. The United States Environmental Protection Agency (USEPA) Tier II state-by-state links to Tier II reporting requirements and procedures is found at the following link:
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