Section 312 of EPA’s Emergency Planning and Community Right-to-Know Act (EPCRA) requires regulated facilities to submit an annual inventory of hazardous chemicals used or stored on-site during the reporting period. This report, known interchangeably as the Tier II, Tier 2, and/or Tier Two report, is used to provide information to emergency responders regarding the types of hazardous materials used or stored at a facility above regulated quantities.
For the purposes of Tier II reporting, the definition of hazardous chemical is very broad and basically includes any material for which a safety data sheet (SDS) is required to be prepared under the OSHA hazard communication standard.
Generally, facilities that use or store a hazardous chemical in quantities equal to or greater than reportable quantities at any one time during the reporting year are required to file the Tier II report by March 1 of the following year. Reportable quantities include:
- 10,000 pounds at any one time for hazardous chemicals; or
- 500 pounds or the threshold planning quantity (TPQ), whichever is less, for extremely hazardous substances (EHSs).
Key components of reporting include:
- Identifying all materials on-site that meet the definition of a hazardous chemical;
- Determining if any hazardous chemical is classified as an EHS;
- Determining if the reportable quantity for each hazardous chemical and/or EHS was exceeded at any time during the reporting period;
- Determining if any applicable exemptions from reporting exist;
- Identifying state-specific reporting procedures;
- Completing Tier II reports for all reportable chemicals;
- Submitting reports to all required agencies with any associated fees; and
- Retaining required records.
Reports are required to be submitted to:
- The state emergency response commission (SERC);
- The local emergency planning committee (LEPC); and
- The local fire department.
Although an EPA requirement, reporting obligations are fulfilled through specific state reporting procedures and requirements. While some states utilize EPA’s online Tier2 Submit software, many states have their own electronic or hard copy reporting systems that must be utilized. States may also have more stringent reporting threshold quantities, such as California’s HazMat Business Plan requirements.
If you have questions regarding applicability or need assistance with filing Tier II reports, VBA professionals can help you navigate the myriad of requirements related to Tier II reporting to ensure all required reports are submitted timely and accurately. Contact VBA for assistance with Tier II and EPCRA reporting.