Hazardous Waste and Tier II

In most jurisdictions, facilities are not required to include the hazardous waste on their Tier II report. This is because hazardous wastes are specifically exempt [see 29 CFR 1910.1200(b)(6)] from requiring a Safety Data Sheet under OSHA's Hazard Communication Standard (HCS); therefore, since they are excluded under the HCS, those materials fall outside of the scope of federal EPCRA regulations and Tier II reporting.

However, there are a handful of jurisdictions in which the regulator (SERC or LEPC) has specifically included hazardous wastes into the reporting requirements of their jurisdiction, and therefore require them to be included on your Tier II report. Those jurisdictions, along with their thresholds, are discussed below.

(Note: This is only for facilities that are within the Anchorage LEPC jurisdiction - not all Alaska facilities).

Reporting requirements:

Source: https://www.muni.org/Departments/Fire/Prevention/Documents/Tier%20II%20Instructions.pdf

Reporting requirements:

Additional Reporting Guidance: Wastes should be reported similar to other hazardous materials, but with the "Is this material a waste?" box checked within the product catalog.

Source: California Health and Safety Code, Division 20, Chapter 6.95, §25501(n)(2)(E)

Reporting requirements:

Example: If a waste contains Arsenic (reporting threshold of 500 lb in New Jersey), and the amount of Arsenic at the facility (not including the amount in the waste) is:

≥ 500 lb → The waste needs to be included on the Tier II report

< 500 lb → The waste does not need to be included on the Tier II report

Source: https://www.nj.gov/dep/enforcement/opppc/crtk/ehsalpha.pdf

Reporting requirements:

Additional Reporting Guidance: Wastes should be reported similar to other hazardous materials, but with the chemical name "HAZARDOUS WASTE, n.o.s.".

Source: https://www1.nyc.gov/assets/dep/downloads/pdf/about/community-right-to-know/community-right-to-know-list-of-hazardous-substances.pdf (Chemical name: "HAZARDOUS WASTE, n.o.s.")

Reporting requirements:

Additional Reporting Guidance: Wastes should be reported similar to other hazardous materials, but with the "Waste product?" box checked within the product catalog.

Source: https://cr2khelp.zendesk.com/hc/en-us/article_attachments/5622226866573/ReportableQuantities.pdf