For facilities covered by the Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements in Sections 311-312, the Tier II report, also called Emergency and Hazardous Chemical Inventory report, is due by March 1, 2025. The form must be submitted to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire departments per State Tier II Reporting Requirements and Procedures.
Tier II reporting applies to facilities that possessed hazardous chemicals above reporting thresholds in the previous calendar year. The information submitted is used by state and local emergency response and planning committees to become aware of the hazardous materials that are present within their communities and plan for emergency response activities that may be required.
What Chemicals Need to be Reported?
Facilities that stored, at any given time in the previous calendar year, a chemical that is an Extremely Hazardous Substance (EHS) in an amount equal to or greater than 500 pounds or above the Threshold Planning Quantity (TPQ), whichever is lower, are required to submit a Tier II report. A list of EHS and their TPQs can be found in 40 CFR part 355 Appendix B. The Environmental Protection Agency’s (EPA) List of Lists can also be used to locate this information.
In addition, submission of a Tier II report is required for any facility that possessed over 10,000 pounds of any hazardous chemical at any given time during the previous calendar year, even if the hazardous chemical is not an EHS. Under EPCRA, hazardous chemicals are substances for which a facility must maintain a Safety Data Sheet (SDS) under the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard.
Chemicals that may be overlooked that can trigger the need for Tier II reporting include liquid nitrogen (10,000 pound threshold) and generator fuel oil (10,000 pound threshold). In addition, sulfuric acid (including sulfuric acid in lead acid batteries such as those used for forklifts, emergency generators, and uninterruptible power supply (UPS) units) has a 500 pound threshold and can often trigger the need to report. Sulfuric acid used in association with pH neutralization systems also needs to be included when determining if the reporting threshold is met.
Laboratory research chemicals are exempt from Tier II reporting. The definition of “hazardous chemical” in Section 311(c)(4) of EPCRA excludes “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.” The exclusion applies to research laboratories as well as quality control laboratory operations located within manufacturing facilities. Laboratories that produce chemical specialty products or full scale pilot plant operations are considered to be part of the manufacturing facility and therefore are not covered under this exemption.
An example of where this exemption might apply at your facility is use of liquid nitrogen dewars in research labs. However, its use is not exempt if your facility has tanks that are not under the direct supervision of a technically qualified individual, such as large tanks outside or near a loading dock. In such case, the 10,000 pound threshold would apply.
Note that Tier II reporting requirements can vary by location, and chemicals in addition to those required under EPCRA may need to be reported. For example, as we talked about in a previous blog, the NYC Department of Environmental Protection’s (DEP) Community Right-to-Know (RTK) Program oversees local Tier II reporting requirements. Facilities must report chemicals that exceed the NYC DEP’s threshold reporting quantities (TRQ) of listed hazardous substances that were present in a facility during the previous calendar year. The TRQs in the NYC DEP’s hazardous substances list are lower than the EPA’s threshold planning quantities and include common chemicals that do not require reporting under EPCRA. The NYC Tier II report is also due on March 1 of each year.
What Information Must Be Reported?
Tier II reports require that specific information on each reportable chemical be provided including what’s listed below.
- Chemical name, Chemical Abstract Service (CAS) registry number, physical state
- Physical and health hazards based on SDS information
- Description of storage locations, storage conditions, and type of storage container
- Estimated maximum amount of the chemical present onsite at any time during the preceding calendar year and the average daily amount present
How Are Tier II Reports Submitted?
Reporting procedures and the software used to submit reports are also location-specific. To meet Massachusetts SERC reporting requirements, Tier II reports need to be submitted using the online Tier II Manager System. Detailed information can be found on the Massachusetts Emergency Management Agency (MEMA) website. Companies must also determine LEPC and fire department reporting requirements for their city or town as they can vary.
In New York City, Tier II reports are submitted through the DEP’s Tier II Filing System (T2FS). A PDF of the report must also be sent to the Fire Department of the City of New York (FDNY). Instructions and other guidance materials for the NYC DEP Tier II report can be found on their website. Instructions for the online filing system are also available.
Tier II reporting requirements for other locations can be found on the EPA’s State Tier II Reporting Requirements and Procedures website.
There’s still time to prepare and submit a Tier II report if your facility is required to do so! For help meeting the March 1 deadline, please contact us.
This blog was written by Beth Graham, Safety Partners’ Director of Quality, Research, and Training.
