Reporting guidance:
Tier II Exemptions

Tier 2 Reporting Exemptions: What You Need to Know

Tier 2 reporting is essential for facilities that store hazardous chemicals, but not all substances or situations require reporting. Understanding Tier 2 exemptions can help your business remain compliant while avoiding unnecessary paperwork. Below, we outline common Tier 2 exemptions to guide you through what is reportable and what may be exempt.

Common Tier 2 Reporting Exemptions

1. Household Products

   • Consumer products that are packaged and used in the same form by the general public, such as cleaning supplies and household items, are typically exempt from Tier 2 reporting. This exemption applies only when these products are used similarly to how a consumer would use them.

2. Substances Used in Research Laboratories

   • Chemicals used in research laboratories, hospitals, or similar facilities under direct supervision by a technically qualified individual may also be exempt from Tier 2 reporting. This exemption ensures that low-quantity or highly controlled use of hazardous materials is not unnecessarily reported.

3. Solid Substances in Manufactured Items

   • If the hazardous substance exists as a solid material that is fully encased or otherwise bound, and there is no chance of exposure to the environment during normal conditions of use, it may be exempt. For example, lead in batteries or asbestos in an intact form is exempt as long as the substance is not released.

4. Food, Drugs, and Cosmetics

   • Substances regulated by the FDA—including food, drugs, cosmetics, and medical products—are exempt from Tier 2 reporting if they are stored in the same form used for distribution to the general public.

5. Fertilizers for Agricultural Use

   • Any fertilizers intended and used for agricultural purposes are exempt from Tier 2 reporting requirements.

Other Considerations

• Exemption Based on Quantity: Chemicals stored below certain thresholds (e.g., less than 10,000 pounds for hazardous chemicals or less than 500 pounds for Extremely Hazardous Substances (EHS)) may be exempt from reporting. Always verify the specific threshold for your materials.

• Retail Gas Stations: Gasoline and diesel fuel stored in underground tanks at retail gas stations may also be exempt, provided specific conditions are met, including capacity and fuel type requirements.

• Non-Applicability: Some chemicals that are hazardous but do not require Safety Data Sheets (SDS) under OSHA regulations may be exempt. For example, certain biological agents and radioactive materials are regulated by other agencies and may not require Tier 2 reporting.

Do You Qualify for an Exemption?

Determining if your facility qualifies for an exemption can be complicated. At Watkins Group, LLC, we offer expert guidance to help you identify which of your substances are exempt from Tier 2 reporting and ensure that you remain fully compliant with all applicable regulations.

Contact us today for a free consultation and to learn how we can simplify your compliance process!