Not sure whether your facility crosses a Tier II reporting threshold? Learn how the federal 10,000 lb threshold, Extremely Hazardous Substances, TPQs, mixtures, and fuel thresholds work.
Tier II reporting thresholds are simple on paper and messy in real life.
A facility manager may ask a basic question: “We have chemicals on site. Do we cross the reporting threshold?”
The answer depends on more than one number. For many hazardous chemicals, the federal threshold is 10,000 pounds. For Extremely Hazardous Substances, often called EHSs, the threshold is 500 pounds or the Threshold Planning Quantity, whichever is lower. Gasoline and diesel have special federal thresholds only in specific retail gas station situations. Mixtures can also change the review.40 CFR 370.1040 CFR 370.14
That is why threshold review should start with the actual products on site, the SDS records, the maximum amount present at one time, and whether any chemical is listed as an EHS.40 CFR 370.1029 CFR 1910.1200(g)
This article focuses on the federal threshold logic. State, territory, tribal, and local requirements may vary, so facilities should confirm the applicable reporting process before making a final filing decision.EPA Tier II Forms and InstructionsEPA State Tier II Reporting Requirements and Procedures
Under 40 CFR Part 370, a facility must evaluate hazardous chemical reporting if OSHA’s Hazard Communication Standard requires the facility to prepare or have available an SDS for a hazardous chemical and the chemical is present at or above an applicable threshold.40 CFR 370.10
OSHA HazCom requires employers to have an SDS in the workplace for each hazardous chemical they use.29 CFR 1910.1200(g)
OSHA also requires employers to develop, implement, and maintain a written hazard communication program at each workplace, including a list of hazardous chemicals known to be present using a product identifier referenced on the appropriate SDS.29 CFR 1910.1200(e)
That SDS list is usually the best starting point for Tier II threshold review. It is not the final answer, but it tells you what chemicals need attention.40 CFR 370.1029 CFR 1910.1200(e)
For a hazardous chemical that is not an EHS, the general federal threshold is 10,000 pounds, unless a special threshold applies.40 CFR 370.10
EPA’s hazardous chemical inventory reporting guidance says the same thing: for all other hazardous chemicals, the reporting threshold is 10,000 pounds.EPA Hazardous Chemical Inventory Reporting
Here is where many facilities get confused. The 10,000-pound number is not based only on how much you bought during the year. The federal rule looks at whether the hazardous chemical was present at the facility at any one time in an amount equal to or greater than the applicable threshold.40 CFR 370.10
EPA has addressed this directly. If a facility purchases more than 10,000 pounds of a hazardous chemical in a calendar year but never actually receives or stores more than the 10,000-pound threshold at one time, the reporting determination is based on how much was present at the facility, not simply how much was purchased.EPA Purchases but Never Receives or Stores a Hazardous Chemical Over Threshold Amount
That distinction matters for facilities that receive smaller shipments throughout the year.
Extremely Hazardous Substances have a different threshold rule.
For an EHS, the federal Tier II threshold is 500 pounds or the Threshold Planning Quantity, whichever is lower. EHSs and TPQs are listed in 40 CFR Part 355, Appendices A and B.40 CFR 370.10
EPA’s hazardous chemical inventory reporting guidance also states that facilities must report EHSs at 500 pounds or the TPQ, whichever is lower.EPA Hazardous Chemical Inventory Reporting
This is the part that can surprise smaller facilities. The general 10,000-pound threshold does not control when the chemical is an EHS. If the EHS TPQ is lower than 500 pounds, the lower TPQ is the federal Tier II threshold. If the TPQ is higher than 500 pounds, 500 pounds is the federal Tier II threshold.40 CFR 370.10
So the question is not only, “How many pounds do we have?” The question is also, “Is this chemical listed as an EHS, and what is the applicable TPQ?”40 CFR 370.1040 CFR Part 355, Appendices A and B
Some EHSs in solid form have two TPQ values listed, such as 500/10,000 pounds. For EPCRA emergency planning purposes, the lower TPQ applies if the solid is in powdered form with particle size less than 100 microns, is in solution, is molten, or meets the criteria for an NFPA reactivity rating of 2, 3, or 4. If none of those conditions applies, the higher TPQ may apply. For Tier II reporting under EPCRA Sections 311/312, facilities should still evaluate the applicable 40 CFR Part 370 threshold rule: 500 pounds or the TPQ, whichever is lower.40 CFR 355.1540 CFR Part 355, Appendices A and B40 CFR 370.10
TPQ stands for Threshold Planning Quantity. For Tier II reporting under EPCRA Sections 311 and 312, the EHS threshold is 500 pounds or the designated TPQ in 40 CFR Part 355, Appendix A, whichever is lower.40 CFR 370.10EPA Two Threshold Planning Quantities (TPQs)
A common mistake is seeing a 10,000-pound TPQ value for an EHS and assuming the Tier II reporting threshold is automatically 10,000 pounds. EPA guidance explains that a facility would only apply the 10,000-pound TPQ for an EHS when complying with EPCRA Section 302 emergency planning notification requirements. For EPCRA Sections 311 and 312, including Tier II reporting, the facility uses 500 pounds or the designated TPQ in Part 355, Appendix A, whichever is lower.EPA Two Threshold Planning Quantities (TPQs)
That is a small wording difference with real consequences. For Tier II threshold review, do not rely on a shortcut. Check the EHS listing and apply the 40 CFR 370.10 threshold rule.40 CFR 370.10
Mixtures are another place where the threshold review can go sideways.
For a mixture containing an EHS, the rule says to determine whether the threshold is met by adding together the quantity of the EHS present as a component in all mixtures and all other quantities of that EHS present at the facility.40 CFR 370.14
For a mixture containing a non-EHS hazardous chemical, 40 CFR 370.14 provides options for determining whether the threshold is met, including evaluating the hazardous chemical component across mixtures and other quantities or evaluating the total quantity of the mixture.40 CFR 370.14
The rule explains how to calculate the amount of a hazardous chemical component in a mixture by multiplying the concentration of the component by the weight of the mixture.40 CFR 370.14 If the SDS gives only a concentration range, EPA guidance says the facility should use the upper bound of that range for EPCRA Sections 302, 304, and 311/312 reporting.EPA Reporting for an EHS mixture based on a concentration range
The practical point: a product name alone may not tell you the threshold answer. If the SDS shows an EHS or a hazardous chemical component in a mixture, the mixture may need to be included in the threshold review.40 CFR 370.1429 CFR 1910.1200(g)
Gasoline and diesel have special federal thresholds, but only in a narrow setting.
For gasoline at a retail gas station, the threshold is 75,000 gallons, all grades combined, if the gasoline was stored entirely underground and the tanks were in compliance with applicable underground storage tank requirements during the preceding calendar year.40 CFR 370.10
For diesel fuel at a retail gas station, the threshold is 100,000 gallons, all grades combined, if the diesel was stored entirely underground and the tanks were in compliance with applicable underground storage tank requirements during the preceding calendar year.40 CFR 370.10
EPA guidance says retail gas stations are not exempt from Tier II reporting, but they have higher thresholds as noted. EPA also states that the higher thresholds only apply to retail facilities selling gasoline or diesel principally to the public for motor vehicle use on land.EPA Retail Gas Stations Are Not Exempt from Tier II Reporting
If your site stores fuel but is not a retail gas station, do not assume the retail gasoline or diesel thresholds apply.40 CFR 370.10
Some substances are excluded from EPCRA Sections 311 and 312 hazardous chemical inventory reporting. 40 CFR 370.13 lists the federal exemptions.40 CFR 370.13
The exemption list includes specific categories, such as certain FDA-regulated food, food additives, drugs, cosmetics, certain solid manufactured items where exposure does not occur under normal conditions of use, certain substances used for personal, family, or household purposes, certain substances in research laboratories or hospitals or other medical facilities under direct supervision, and certain agricultural or fertilizer situations.40 CFR 370.13
Do not stretch an exemption. If a facility is relying on one, the safer approach is to document the exact reason and verify the wording against the rule.40 CFR 370.13
Crossing a federal threshold is a major part of the analysis, but it is not the only practical step.
Facilities required to submit hazardous chemical inventory information must submit it by March 1 each year for hazardous chemicals present during the previous calendar year at or above threshold levels.40 CFR 370.4040 CFR 370.45
Required inventory information must be submitted to the SERC, LEPC, and the fire department with jurisdiction over the facility.40 CFR 370.44
EPA states that some states may have specific requirements for reporting and submission of the Tier II inventory form, state reporting form, or reporting format, and EPA suggests facilities contact their state or Tribe for specific reporting requirements.EPA Tier II Forms and Instructions
EPA also states that states can have more stringent Tier II applicability and reporting requirements than the federal program.EPA States May Have More Stringent Tier II Reporting Requirements
EPA’s Tier2 Submit software can help prepare electronic Tier II information, but EPA tells facilities to contact their state, DC, territory, or Tribe to find out whether they accept Tier2 Submit files and to learn the specific reporting requirements and submission details for the facility.EPA Tier2 Submit Software
So a federal threshold review is necessary, but it is not a substitute for checking the actual reporting process in your jurisdiction.
Before deciding whether a chemical crosses a Tier II threshold, gather the following:
A facility does not need a complicated process to start. It needs a clean chemical list, SDSs, maximum quantities, and a way to flag EHS and TPQ issues.
HazRecord can help facilities organize chemical inventory, SDS records, maximum quantity notes, EHS flags, storage information, and Tier II preparation details. That can support a cleaner threshold review before filing season.
HazRecord does not make the final legal determination, file on behalf of a facility, replace legal review, or guarantee compliance. Facilities remain responsible for verifying whether reporting is required and submitting required information to the appropriate federal, state, tribal, and local agencies.
This guide is for general informational purposes only. It is not legal advice. Facilities remain responsible for verifying and submitting required reports to the appropriate federal, state, tribal, and local agencies.
HazRecord helps facilities organize chemical inventory, SDS records, storage locations, and Tier II reporting preparation in one place.