Tier II Reporting

Who is required to report?

The primary responsibility of an LEPC is to develop a comprehensive plan for the county. The basis of the plan is a hazard analysis, conducted at the local level using a combination of committee members’ first-hand knowledge of the area, including its resources, traffic patterns, and reporting information submitted by facilities.

Facilities are required to file reports under a variety of sections of SARA Title III. The reporting requirements are based on the types of chemicals used or stored, the amounts of these chemicals, the activity in which the facility is engaged, the number of employees, and any releases that may occur. Reporting requirements are discussed in detail in the Reporting Guide. Reports are due no later than March 1st every year for materials maintained on-site during a previous calendar year.Online reporting


A chemical may be reportable if your facility is required, under OSHA’s Hazard Communication Standard, to maintain a MSDS. A short list of some common reportable chemicals and their thresholds is available on the state Title III webpage.


Report if at any time during the year, you stored an amount equal to or exceeding the following:

  • Gasoline or diesel in aboveground tanks (ASTs) - 10,000 pounds;
  • Gasoline or diesel in UST’s at non-retail facilities - 10,000 pounds;
  • Gasoline (all grades combined) in underground tanks (USTs), for retail sale to the public for motor vehicles on land - 75,000 gallons;
  • Diesel fuel (all grades combined) in USTs, for retail sale to the public for motor vehicles on land - 100,000 gallons;
  • Extremely Hazardous Substances (EHSs) - 500 pounds or the threshold planning quantity (TPQ).
  • A list of EHSs and TPQs is available on-line (http://denr.sd.gov/titleiii).
  • Note: When reporting EHS chemicals, if a specific EHS is present in several different products you store, you must determine the amount in each product then see if the combined total amount meets the threshold); and
  • All other reportable chemicals -10,000 pounds.


The following are excluded from Tier II reporting:

  • Solid substances –ONLY if human health exposure will not occur during normal conditions. (For example, a glass marble is exempt while an insecticide pellet is not exempt);
  • Any Food and Drug Administration regulated food, food additive, drug, or cosmetic;
  • A substance used for household purposes, or packaged in the same form and concentration as when used for household purposes – (Examples: pail of house paint or gallon jug of herbicide sold for use on a lawn);
  • A substance used in a research laboratory or a hospital under the direct supervision of a technically qualified individual – (For example, oxygen for medical use is exempt but helicopter fuel is not exempt);
  • An agricultural chemical the farmer stores and uses on his/her own farm;
  • Fertilizer held for retail sale for agricultural use -
  • The exclusion does not apply to ammonia used for purposes such as refrigeration or to fertilizer held by a wholesaler. Further, material blended or mixed to formulate a custom blend prior to application is not exempt. For clarification, see the fertilizer reporting links on the state Title III webpage;
  • A chemical is not reportable while in transit. The chemical may be reportable when stored at the origin and destination; and
  • A chemical that poses no physical or health hazards.
    If the MSDS or Safety Data Sheet (SDS) indicates no physical or health hazards.
    Be careful with this determination – call (800) 433-2288 for assistance.

For more information please go to the SD Title III website.