zeroresidue.io
US

Tier II Threshold Checker

  1. Does OSHA's Hazard Communication Standard require your facility to prepare or have available a Safety Data Sheet (SDS) for this chemical?

    This is the gateway for the whole obligation. EPA has not issued a list of covered chemicals — a substance is a "hazardous chemical" here if it needs an SDS and meets the OSHA definition at 29 CFR 1910.1200(c).

  2. Is the substance excluded under EPCRA section 311(e)?

    The exclusions are: (a) any food, food additive, colour additive, drug, or cosmetic regulated by the FDA; (b) any substance present as a solid in a manufactured item, to the extent exposure does not occur under normal conditions of use; (c) 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 the general public; used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; or used in routine agricultural operations, or is a fertilizer held for sale by a retailer to the ultimate customer.

  3. Is the chemical an Extremely Hazardous Substance (EHS) — listed in Appendix A or B of 40 CFR part 355?

    The part 355 appendices list each EHS with its Threshold Planning Quantity. Searching the appendices by CAS number is the reliable check.

  4. Was the total quantity of this EHS present at your facility at any one time during the calendar year equal to or greater than 500 pounds (227 kg), or its Threshold Planning Quantity from Appendix A/B — whichever is lower?

    Aggregate everything: the EHS present as a component of every mixture plus all other quantities of it at the facility count together toward the threshold. Components at 1% or less concentration (0.1% or less for carcinogens) need not be counted.

  5. Is the chemical gasoline or diesel fuel at a retail gas station (a retail facility selling fuel principally to the public for motor-vehicle use on land), stored in tanks entirely underground and in compliance with all applicable UST requirements throughout the preceding calendar year?

    If the tanks were not UST-compliant or not entirely underground, the elevated gallon thresholds do not apply and the standard 10,000-pound threshold governs.

  6. Was gasoline present at any one time at 75,000 gallons (283,900 L) or more (all grades combined)?

  7. Was diesel present at any one time at 100,000 gallons (378,500 L) or more (all grades combined)?

  8. Was the hazardous chemical present at your facility at any one time in an amount equal to or greater than 10,000 pounds (4,540 kg)?

    For a non-EHS in a mixture, you may count either the component quantity aggregated facility-wide or the total quantity of the mixture — but the option you use must be consistent between SDS reporting and inventory reporting. The 1% / 0.1%-carcinogen de minimis applies to component counting.

  9. Not subject

    Not subject — no SDS required

    If no SDS is required for the chemical under OSHA HazCom, the EPCRA 311/312 reporting requirements do not attach to it. Re-check if the product's classification changes.

    Basis: 40 CFR 370.10(a), 370.12

  10. Needs review

    Make the OSHA hazard determination first

    The OSHA hazard determination has to come first. Establish whether an SDS is required under 29 CFR 1910.1200, then return with a yes/no rather than relying on a guess here.

    Basis: 29 CFR 1910.1200; 40 CFR 370.12

  11. Excluded

    Excluded quantity — does not count

    The excluded quantity does not count toward part 370 reporting. Two cautions: the exclusions are scoped "to the extent" of the excluded use — the same chemical in other uses or forms at the facility still counts; and these are exclusions from the part 370 reporting requirements — emergency-planning obligations under EPCRA section 302 / 40 CFR part 355 are determined separately.

    Basis: 40 CFR 370.13

  12. Needs review

    Check the exclusion scope

    Whether an exclusion applies is specific to your use. Note the "to the extent" wording — a partial quantity can be excluded while other quantities of the same substance still count. Review 40 CFR 370.13, then return with a yes/no.

    Basis: 40 CFR 370.13

  13. Needs review

    Confirm EHS status in part 355

    Check the chemical against the EHS lists in the 40 CFR part 355 appendices (search by CAS number), which also give its Threshold Planning Quantity, then return — the applicable threshold differs for an EHS.

    Basis: 40 CFR 370.66; part 355 App. A/B

  14. Reporting required

    Reporting is required

    Reporting is required for this chemical. That means both obligations under 40 CFR part 370: (1) SDS reporting — submit the SDS, or a hazard-grouped list of covered chemicals, to your SERC, LEPC, and the fire department with jurisdiction, within 3 months of first becoming subject; and (2) annual inventory reporting — submit Tier II information by March 1 each year, covering the previous calendar year, to the same three recipients.

    Practical notes: many states mandate Tier II (not Tier I), specific portals, and fees — check your SERC; and a Tier II request from the SERC, LEPC, or fire department must be answered within 30 days regardless of thresholds.

    Basis: 40 CFR 370.20, 370.30–370.33, 370.40(a), 370.45

  15. Reporting required

    Reporting is required (EHS)

    Reporting is required for this chemical. That means both obligations under 40 CFR part 370: (1) SDS reporting — submit the SDS, or a hazard-grouped list of covered chemicals, to your SERC, LEPC, and the fire department with jurisdiction, within 3 months of first becoming subject; and (2) annual inventory reporting — submit Tier II information by March 1 each year, covering the previous calendar year, to the same three recipients.

    Because this is an Extremely Hazardous Substance in a mixture, you may report the EHS component or the mixture itself — but be consistent across both report types.

    Practical notes: many states mandate Tier II (not Tier I), specific portals, and fees — check your SERC; and a Tier II request from the SERC, LEPC, or fire department must be answered within 30 days regardless of thresholds.

    Basis: 40 CFR 370.10(a)(1), 370.20, 370.30–370.33, 370.40(a), 370.45

  16. Below threshold

    Below the reporting threshold

    Based on your answers, this chemical did not meet its reporting threshold. Two standing caveats: the threshold is measured at any one time during the calendar year — a single day above it triggers reporting for that year even if the chemical is gone by December; and the threshold drops to zero on request — if your LEPC requests an SDS, or your SERC, LEPC, or fire department requests Tier II information, you must respond (within 30 days for Tier II). State programs may set lower thresholds or cover additional chemicals.

    Basis: 40 CFR 370.40(a); 370.10(b); 370.45(b)

  17. Needs review

    Establish the facility-wide maximum first

    Threshold determination needs a facility-wide maximum-quantity figure this tool won't estimate for you. Build it from purchase/inventory records: identify the peak single-day amount during the calendar year, aggregating across all containers, tanks, and mixtures per the counting rules in 40 CFR 370.14 and 370.10, then re-run this check.

    Basis: 40 CFR 370.10, 370.14

Reference only. Not legal or regulatory advice. Verify against the primary source before you act.

How it works

Tier II is the annual hazardous-chemical inventory report under EPCRA sections 311 and 312 (40 CFR part 370). Any facility that must keep an OSHA Safety Data Sheet for a hazardous chemical, and holds it at or above the applicable threshold, reports to three recipients — the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and the local fire department — by March 1 each year for the previous calendar year.

Thresholds differ by chemical type: an Extremely Hazardous Substance (EHS) uses 500 pounds or its lower Threshold Planning Quantity; most other hazardous chemicals use 10,000 pounds; and retail gasoline/diesel in compliant underground tanks use elevated gallon thresholds. This tool walks those branches for one chemical at one facility. The EHS list itself (part 355 appendices) is large and changes — this tool links you to it rather than embedding it.

The threshold is measured at any one timeduring the year, and it drops to zero on an authority's request — so "below threshold" is never "never report." State programs vary (Tier II mandates, portals, fees, lower thresholds); confirm with your SERC. Sources (eCFR, title 40, current as of 2026-07-01): part 370 (370.10–370.45).

Worked example

A workshop stores 12,000 lb of a non-EHS hazardous solvent at peak, needs an SDS for it, and no §311(e) exclusion applies:

SDS required → not excluded → not an EHS → not retail fuel → 10,000-pound threshold met. The check lands on reporting required — SDS submission within 3 months and Tier II by March 1.

Sources

  • Hazardous chemical reporting, community right-to-know (§§ 370.10 to 370.45)

    U.S. Environmental Protection Agency, eCFR, title 40, current as of 2026-07-01

    40 CFR part 370

    The threshold is measured at any one time during the year and drops to zero on an authority's request. State programs vary in mandates, portals, fees and thresholds.

    open the source

Related tools

Data vintage

  • Data: EPCRA Tier II reporting thresholds, U.S. Environmental Protection Agency eCFR Title 40, current as of 2026-07-01.The threshold is measured at any one time during the year and drops to zero on an authority's request. State programs vary in mandates, portals, fees and thresholds.

last updated 2026-07-03