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Tier II Reporting – Do you need to report?

December 19th, 2022 by David Webster

Tier II reporting is required under the Emergency Planning and Community Right-to-Know Act (EPCRA). The act requires annual reporting of chemicals exceeding thresholds, discussed further below, to State Emergency Response Committees (SERC), Local Emergency Response Committees (LEPC), and local Fired Departments.

Tier II reporting requires specific reporting methods, which can vary by state, but the premise remains the same. Extremely Hazardous Substances (EHS) exceeding 500 pounds or the Threshold Planning Quantity (TPQ), whichever is less, requires reporting per section 302 of the EPCRA regulations. Per section 311 and 312 of the EPCRA regulations reporting is also required for OSHA hazardous chemicals, as indicated on the chemical’s Safety Data Sheet (SDS), for chemicals stored onsite in quantities greater than 10,000 lbs. Some states (like California) and municipalities may have additional reporting thresholds for consideration.   

Owners of facilities storing chemicals listed as an EHS or indicated as OSHA hazardous are responsible for calculating and tracking if thresholds are exceeded. Important steps include:

  1. Maintaining inventories and current SDSs.
  2. Determining the presence of EHS in chemicals at the facility, taking into account de minimis concentrations, and calculating facility wide aggregate amounts for comparison against reporting thresholds
  3. Calculating and determining if OSHA hazardous chemicals exceed thresholds.
  4. Considering exemptions that are industry or chemical specific (e.g., household use, gas stations, metal bar stock in solid forms may meet exemptions, etc.).
  5. Documenting applicability.

Once applicability is determined, report any thresholds exceedances of EHS chemicals and/or OSHA hazardous chemicals. While the mechanism for reporting may differ by state or even county, the reports should be filed by March 1st every year and should be for the prior reporting year (e.g., March 1st, 2023, will be for the year of 2022). The reports should include basic information, but not limited to:

  • Facility, Tier II, and Emergency Contacts
  • Address and Facility Information
  • Storage Amounts
  • Chemical Names and CAS #s
  • Chemical Hazards
  • Storage Locations
  • SDSs (at least initially when reporting)
  • Certification

Reports then should be finalized and sent to the SERC, LEPC, and Fire Department prior to March 1st and be documented in the facilities records. Common mistakes we see:

  • Failure to report.
  • Failure to include OSHA hazardous chemicals stored over 10,000 lbs at any one point during the reporting year (e.g., only exceeding the threshold for one month).
  • Failure to include certain EHS that may not be evident (e.g., forklift batteries containing sulfuric acid).
  • Failure to document applicability or maintain SDSs.
  • Assuming “It’s the same as last year” without reviewing inventory and SDS information

For more information on Tier IIs, the EPA provides further instructions that can be referenced at https://www.epa.gov/epcra/tier-ii-forms-and-instructions. You can also reach out to HRP today for Tier II reporting assistance or for any other Environmental, Health, and Safety related needs.

David Webster, CSP, Project Manager at HRP Associates, Inc.

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