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.
Anchorage, Alaska (LEPC)
(Note: This is only for facilities that are within the Anchorage LEPC jurisdiction - not all Alaska facilities).
Reporting requirements:
Hazardous Wastes in quantities of 220 pounds or more.
Acute Hazardous Wastes in quantities of 2.2 pounds or more
Source: https://www.muni.org/Departments/Fire/Prevention/Documents/Tier%20II%20Instructions.pdf
California
Reporting requirements:
Hazardous Wastes in quantities of 55 gallons or more.
Hazardous Wastes in quantities of 500 pounds or more.
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)
New Jersey
Reporting requirements:
Hazardous waste is only reportable if a constituent of the waste is otherwise above its regular NJ reporting threshold (excluding the amount in the waste).
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
New York City, New York (LEPC)
Reporting requirements:
Hazardous Wastes in quantities of 10 pounds or more.
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.")
Oregon
Reporting requirements:
Hazardous Wastes in quantities of 500 gallons or more (liquids)
Hazardous Wastes in quantities of 500 pounds or more (solids).
Additional Reporting Guidance: Wastes should be reported similar to other hazardous materials, but with the "Waste product?" box checked within the product catalog.