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SARA Title III Exemptions

Reporting Exemption: Tier II Chemical Inventory Form
 
SARA Section: 312
 
List: Chemicals considered hazardous under the federal OSHA Hazard Communication Standard.
 
Filing Criteria: Must be covered by OSHA Hazard Communication Standard 10,000 pounds or more of an OSHA Hazardous Chemical or an EHS at 500 pounds or the TPQ, whichever is less.
 
Exemptions:
  1. FDA regulated products
  2. Articles
  3. Household packaged products
  4. Substances used in R & D labs, hospitals or other medical facilities
  5. Substances used in routine agricultural operations
  6. Fertilizers held for sale by a retailer
  7. Retail gasoline stations
Due Date: By March 1 of each year
 
 
Fee Exemption: State fee of $10 for each chemical reported on the Tier II Form
 
Act 165 Section: 207(c)
 
List: Same as above
 
Filing Criteria: Same as above
 
Exemptions:
  1. Same as above
  2. Family farms
  3. Service stations
  4. State, Federal and Local government agencies
  5. Retail gasoline stations
Due Date: By March 1 of each year
 
Submit Tier II Chemical Inventory
Form to:
  1. Local Fire Department
  2. Local Emergency Planning Committee
  3. Department of Labor & Industry
    Bureau of PENNSAFE
    PO Box 68571
    Harrisburg, PA 17106-8571
    Telephone (717) 783-2071
Submit state fee of $10 for each
chemical reported on the Tier II Form to:
 
PA Emergency Management Council
c/o Department of Labor & Industry
Bureau of PENNSAFE
PO Box 68571
Harrisburg, PA 17106-8571
Telephone (717) 783-2071
Additional county assessed fees for chemicals reported to the LEPC may also be applicable. The LEPC with jurisdiction over your facility can provide you with information concerning those county-based fees.

Chemicals that are Excluded

Section 311 (e) of Title III excludes the following substances:
FDA Regulated Products: any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration;
 
Articles: Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use;
 
Household Packaged Products: 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 distribution and use by the general public;
 
Substances used in Research and Development Labs, Hospitals or other Medical Facilities: Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual;
 
Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.
 
Gasoline and diesel fuel stored entirely underground at retail gas stations that comply with requirements for underground storage tanks (USTS). The thresholds for these products are as follows:
  • Gasoline - 75,000 gallons
  • Diesel fuel - 100,000 gallons
OSHA regulations, Section §1910.1200(b), stipulate exemptions from the requirement to prepare or have available an MSDS.