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SARA 312 FAQs

Are there exemptions to this Tier II reporting? Do these exemptions apply to medical and research facilities?

Yes, for the purposes of EPCRA / SARA III inventory reporting, the following are NOT considered hazardous substances:

  • Any food, food additive, color additive, drug, or cosmetic regulated by the FDA;
  • Any substance present as a solid in any manufactured item with no practical exposure to the substance during normal use (e.g., a desk drawer constructed with stainless steel ball-bearings containing chromium);
  • Any substance used for personal, family, or household purposes, or in the same form and concentration as a product packaged for use by the general public (e.g, common glass cleaner used to clean one's computer screen);
  • Any substance used in a
    research laboratory or a hospital / medical facility
    under the direct supervision of a technically qualified individual (e.g, medical grade oxygen mixtures); and,
  • Any substance used for routine agricultural purposes (e.g., a fertilizer) held for sale by a retailer to the ultimate customer.

Therefore, facilities where exempted hazardous substances or chemicals are stored may have an MSDS for that substance, but the facility does not have to include these exempted substances in their annual inventory reports to the LEPC, the SERC and the local fire department.

Does my state have have unique EPCRA Tier II reporting requirements?

Use this USEPA link to find your State's reporting requirements or, you can go to our federal and state contacts page to find individual state point of contacts and website links.

Does my state require a hard copy of the Tier II report, should I submit the report on a diskette (i.e. CD), or do I file the report on-line via a state website?

Use this USEPA link to find your State's reporting requirements. Better yet . . . Contact the Federal and State Contacts to be sure!

Does this Tier II reporting requirement apply to my company?

Under the Emergency Planning and Community Right-to-Know Act (EPCRA), a facility must maintain a Material Safety Data Sheet (MSDS) for any hazardous chemical used or stored in the workplace. The facility must also submit a report which describes the hazardous substances they have on their site to their State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC) and local fire department by March 1 of each year.

Do I need to submit a filing fee along with the Tier II Report? Is there any other documentation required?

Use this USEPA link to determine if your State' requires a filing fee or, you can go to Federal and State Contacts to find the your individual state's information. Ask your contact by phone or email to be sure!

How can I calculate my inventory amounts?

You may need to calculate maximum daily and average daily inventory quantities. Read more at Calculation Examples.

How can I get a Material Safety Data Sheet (MSDS) for my hazardous substances?

Air Products and Chemicals Material Safety Data Sheet Library is available at www.airproducts.com/msds

How can I identify the proper name, CAS # and hazard categories for my hazardous substances?

For your CAS #, reference the table below.

 

 Product  CAS # (Chemical Abstract Service Number)
 Argon  7440-37-1
 Carbon Dioxide  124-38-9
 Helium  7440-59-7
 Hydrogen  1333-74-0
 Nitrogen  7727-37-9
 Oxygen  7782-44-7

Plus, this information is printed on Air Products Material Safety Datasheets which can be found online at www.airproducts.com/msds. You'll find info listed in the following sections:

 

 Information  Section Title
 Proper Name  1. Product and Company Identification
 CAS#  2. Composition/Information on Ingredients
 Hazards Categories  3. Hazard Identification

How can I let Air Products know to send next year's notification letter to a different address or person?

We'd be glad to change your contact information on our mailing list. Please click here and provide your updated information.

How can I obtain reports from Air Products on delivery quantities for the calendar year?

You may use APDirect® customer portal to download your volume delivery histories. Read more about Reports.

What are common errors in Tier II reporting?

  • Units. All quantities must be converted to pounds.
    • Inconsistencies. For example, the average daily amount on hand should not exceed the maximum amount on hand at any given time.
    • Incompleteness. Omitting to provide information about the facility, contacts or chemicals on-site.
    • Fees. Some states require the submission of fees along with the annual Tier II reports. Refer to your State's website to determine if a fee is required. Or you can go to Federal and State Contacts to find the your individual state's information. Contact them by phone or email.

    What are the reporting thresholds for extremely hazardous substances and hazardous substances?

    For an Extremely Hazardous Substance (EHS), the reporting threshold (or Threshold Planning Quantity referred to as the TPQ) will be 10, 100 or 500 pounds. If your facility uses or stores more than the reporting threshold, then that substance must be included in your annual Tier II report.

    What chemicals, materials or products are considered hazardous substances and are subject to this Tier II reporting requirement?

    There is no "list" of these hazardous substances or chemicals. Rather, hazardous substances are any substance that presents a health hazard or physical hazard. This hazard is identified on the MSDS. Over 500,000 products, including nitrogen, oxygen, argon, carbon dioxide, helium and hydrogen, have MSDS's which are normally obtained from the manufacturer.

    Is there a difference between a "hazardous substance," a "hazardous chemical," an "extremely hazardous substance," and a "toxic chemical?"

    From a regulatory standpoint, yes, each of these chemical classes is defined differently; however, many chemicals and substances are included in more than one of these classifications or definitions and are subject to many of the same requirements. For the purposes of Tier II, we are using the term "hazardous substance" to refer to all of those chemicals and substances which must be identified in your Tier II report.

    What exactly are the EPCRA or SARA Title II regulations?

    Visit USEPA at www.epa.gov/emergencies/content/lawsregs/epcraover.htm to read an overview or the full text of the EPCRA and SARA III regulations.

    What information do I have to include on my Tier II report?

    You must provide basic facility identification information, contact information for both emergencies and non-emergencies, and hazardous substances stored or used at the facility consisting of the following:

    • Substance name or common name (see the MSDS);
    • Estimates of the maximum and average amounts of the substance present at any time during the prior calendar year (ranges are acceptable); and,
    • Description of how the substance is stored at your facility and where it is stored.

    What is an FTS?

    1 FTS is approximately equal to 1 standard cubic feet at 70°F and 1 atm.

    Where do I get the Tier II Report forms?

    http://epa.gov/emergencies/content/epcra/tier2.htm  

    Why is Air Products sending me a Tier II reporting requirement notification?

    During the past year, Air Products has delivered industrial gases to your facility. If your company is required to submit an annual Tier II inventory report, these products, whether compressed gases or cryogenic liquids, may have to be included in that report when your facility's total inventory exceeds applicable thresholds. Air Products provides this additional information to assist you in your reporting efforts. However, your company is responsible for verifying the accuracy of all hazardous chemical inventories that you own on your site. According to the EPA, as well as our contract, it's our customer's responsibility for reporting the contents of supplier-owned tanks or bulk containers located on the premises.

     

     

     

     

     

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