Contributed by Isaac Smith, Principal, PPM Consultants
Regulatory History
The Superfund Amendments & Reauthorization Act (SARA) was signed into federal law in 1986. Title III of SARA is known as the Emergency Planning and Community Right-to-Know Act (EPCRA). The U.S. Environmental Protection Agency (EPA) enforces SARA Title III.
The regulation was created to help communities plan for chemical emergencies. EPCRA requires industry to report on the storage, use, and release of hazardous substances to federal, state, and local governments. EPCRA requires state and local governments and Indian tribes to use this information to prepare for and protect their communities from potential risks.
Chemical inventory reporting is crucial for regulatory compliance under EPCRA, ensuring accurate and accessible data for state and local planning processes.
Who must report?
Facilities that store hazardous chemicals on-site in quantities that exceed the reporting thresholds at any point during the year must submit a Tier II report.
Facilities must submit a report if they meet any of the following criteria:
- The facility stored 10,000 pounds of any hazardous chemicals.
- The facility stored material on the EPA’s Extremely Hazardous Substance (EHS) list exceeding 500 pounds or the threshold planning quantity (TPQ), whichever is less. Accurate reporting of Extremely Hazardous Substances is crucial to ensure compliance with regulations and community safety.
- Retail fuel stations with underground storage tanks (UST) in compliance with federal storage tank requirements trigger reporting when gasoline storage exceeds 75,000 gallons (gal) or diesel fuel (all grades) exceeds 100,000 gal.
- If requested by the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), or local fire department.
- If your specific state has additional, or more stringent reporting requirements that are triggered before exceeding any of the above thresholds.
What must be reported? Tier II Reporting Requirements
Each facility must submit the hazardous chemical inventory information for all applicable chemicals that exceed the threshold quantity. The Kentucky Emergency Response Commission (KERC) plays a crucial role in maintaining and reporting information on hazardous chemicals present at facilities. This information is essential for emergency preparedness and response, allowing state and local officials to understand the specific hazardous materials that could pose risks in their areas.
The following is a list of some of the information required on the inventory form:
- The chemical name or the common name as indicated on the safety data sheet (SDS);
- An estimate of the maximum amount of the chemical present at any time during the preceding calendar year and the average daily amount;
- A brief description of the manner of storage of the chemical;
- The location of the chemical at the facility; and
- An indication of whether the facility owner elects to withhold location information from disclosure to the public.
Make sure to check your state-specific regulations for reporting requirements and procedures. A link for each state’s reporting requirements is included at the end of this document.
When must I submit my report?
Tier II reports are due annually on March 1. The process and requirements for submitting Tier II reports include electronic submission through Tier 2 Submit, which is preferred by state authorities. The EPA does not grant reporting extensions, so be sure to submit your report on time.
Where do I submit my report?
Facilities subject to Tier II reporting must submit the annual hazardous chemical inventory report to their state agency and or SERC, LEPC, and the local fire department. The Tier II software (Tier2 Submit and E-plan) are the two main software used to create the inventory report.
The Tier II form requires specific data for compliance, including the types and quantities of hazardous chemicals stored, their locations, and safety measures. Both programs are pretty straightforward and there are detailed instructions or tutorials on how to use them. Once a report is generated, it can be easily accessed through the software, or you can upload a prior year’s report, and update it to reflect the current reporting year’s inventory.
Working With a Local Emergency Planning Committee
Florida businesses storing hazardous chemicals must typically collaborate with their local emergency planning committee (LEPC) to ensure proper compliance and reporting requirements.
Additionally, local fire departments play a crucial role in receiving Tier II report submissions and managing emergency response protocols. Facilities should consult their local fire departments for specific notification and reporting requirements related to hazardous substances and chemical inventories.
The first step is to confirm which local emergency planning committee has jurisdiction in your area. The Florida Department of Emergency Management will have that information.
Summary of Tier II Reporting Requirements
Tier II reporting has been around for decades and it’s not going to go away. Depending on your state, there may be changes each year, but for the most part, the reporting requirements largely remain the same. Maintain accurate purchasing and storage records to make reporting easier.
It is crucial to understand the regulatory framework surrounding Tier II data reporting for hazardous chemicals, including state-specific submission requirements and technical guidelines for using the EPA’s Tier2 Submit software.
Once you institute a good chemical inventory recordkeeping process, Tier II reporting should be one of the easier annual reports to compile. If you need help, have any questions, or need PPM to handle your Tier II reporting, please give your local PPM office a call.
Links to other articles or websites on this topic are provided below.
Emergency Planning and Community Right-to-Know Act (EPCRA) | US EPA
Tier2 Submit Software | US EPA
Tier II Forms and Instructions | US EPA
State Tier II Reporting Requirements and Procedures | US EPA