On November 3, 2008 EPA finalized reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA), effective December 3, 2008.  These changes were proposed on June 8, 1998 and include clarification on how to report hazardous chemicals in mixtures and changes to Tier II forms.  Facilities subject to these regulations, as well as local emergency planning committees and fire departments should become familiar with the new regulations.   Please note that throughout this guidance, "you", "I" and "your" refer to the owner or operator of a facility. 

Who must comply with the hazardous chemical reporting requirements?
40 CFR section 370.10

On or before March 1 every year, the owner or operator of a facility must comply with the reporting requirements of this part if any hazardous chemical for which you are required to prepare or have available an Material Safety Data Sheet (MSDS) under Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard  that is present at your facility equal to or above the applicable threshold specified in the Final Rule, 40 CFR section 370.10.   

The EPA has not issued a list of hazardous chemicals subject to reporting under this part.  A substance is a hazardous chemical if it is required to have any MSDS and meets the definition of hazardous chemical under the OSHA regulations found at 29 CFR 1910.1200(c). 

Extremely Hazardous Substances (refer to the Final Rule (PDF), Appendix A and B) are also subject to reporting under this part also.

What type of information is required to be reported in a Tier II submission?
40 CFR section 370.40

• Specific information on amounts and locations of hazardous chemicals present at facility.
• The calendar year for the reporting period.
• The complete name and address of facility.
• The North American Industry Classification System (NAICS) code for facility.
• The Dun & Bradstreet number of facility.
• The owner's or operator's full name, mailing address and phone number.
• Emergency contact and phone numbers of at least one local individual or office that can act as a referral if emergency responders need assistance in responding to a chemical accident at facility.  Also an emergency phone number where such emergency information will be available 24 hours a day. 
• An indication whether the information being reported is identical to that submitted the previous year.
• Certification - The owner or operator or the officially designed representative of the owner or operator must certify that all information included in the Tier II submission is true, accurate and complete.

• weight range codes (maximum amount and average daily amount);
• storage type codes (types of storage); and
• storage condition codes (pressure and temperature).

Because each hazardous substance has its own properties and behaviors, the potential for exposure and the nature of the effects vary widely.  Each chemical profile includes physical/chemical properties, reactivity data, precautions for safe handling and use, and protective equipment for emergency situations.    The Tier II Form requires the chemical name or the common name of the chemical as provided on the Material Safety Data Sheet (MSDS) and its CAS registry number.  

Is there EPA guidance regarding lead acid battery reporting under EPCRA Section 312?

Yes, EPA issued guidance on April 4, 2007 a Lead Acid Battery Reporting Under EPCRA Sections 311 and 312 - REVISED (PDF).   

What is the reporting threshold for gasoline and diesel fuel at retail gas stations that store their product entirely underground and are in full compliance with underground storage tank requirements?

On February 11, 1999 the EPA enacted an Amendments to Hazardous Chemical Reporting Thresholds for Gasoline and Diesel Fuel at Retail Gas Stations; Final Rule. 64 FR 7031 (PDF) that raised the reporting threshold for gasoline to 75,000 gallons and diesel fuel to 100,000 gallons at retail gas stations that store their product entirely underground and are in full compliance with the Underground Storage Tank requirements. 

Is a state facility exempt from Tier II reporting requirements?

The federal law, EPCRA, sections 311 and 312 apply to owners and operators of facilities who must prepare or make available MSDS under the federal OSHA and its implementing regulations.  The federal OSHA applies to "employers" and states are excluded from the federal definition of "employers."  However, the federal law does not preempt existing state or local laws.  CONN-OSHA administers the states' occupational safety program in lieu of the federal government's OSHA program.  The federal and state reporting requirements establish ground rules for submitting information about the presence of hazardous chemicals in the communities.  Therefore, from the SERC's perspective state facilities are not exempt from the CGS, Sections 22a-609 and 22a-610 reporting requirements nor from Conn-OSHA standards and implementing regulations.  

Is there specific software designed for entering facility information on the Tier II form?

Yes, Tier2 Submit 2009 is free, personal computer software developed by EPA and NOAA for use by facilities in submitting Tier II Chemical Inventory Reports.  The software assists you through the preparation of the Tier II form.  The DEP prefers the electronic submission of a Tier II form by use of the Tier2 Submit software, however, it is not a mandatory reporting tool.  The Tier2Submit 2009 software is now available for use by facilities in their preparation of their annual electronic chemical inventory report.     

I used Tier2 Submit software last year to report my facility's Tier II information.  Do I need to download Tier2 Submit software each year?

Yes, facilities must use the current Tier2 Submit software to report Tier II information for the prior reporting year.  The software is updated every year to include new reporting requirements and software system improvements.  Users can import their last year data into the current Tier2 Submit software; refer to the EPA Tier Two Instructions, or the Tier2 Submit Facility Submission Guide.

When is the Tier II form due? 

As indicated above all forms are due on or before March 1 (postmarked by March 1).  Forms may be submitted in the following formats: cd, disk, email or paper. All electronic forms must be validated by the Tier2 Submit software feature prior to submission.

What steps must be taken to ensure my email containing a Tier II form is recognized as a formal document?

To ensure your email is recognized as a formal document and not spam, the email subject line should reflect the following wording "(Name of your facility), Tier II."  All emails must be directed to dep.ctepcra@ct.gov. 

If I file an electronic Tier II form or disk containing a Tier II form, is there any other certification required? 

Yes, when the Tier II form is filed electronically or by disk/cd, a signed Connecticut Tier2 Submit Report Certification (PDF, Word) must be submitted.  The DEP is not accepting electronic signatures at this time.  On the Connecticut Tier2 Submit Report Certification, under the name of applicant, the owner/operator or the officially designated representative of the owner/operator must certify by signing the form thereby indicating that all information included in the Tier II submission is true, accurate, and complete. 

Who do I submit a Tier II form to?
40 CFR section 370.40

Tier II forms must be submitted to the SERC.  You must submit Tier II information to the LEPC (PDF) or the fire department having jurisdiction over your facility or both.  Please be aware that towns have various practices for collecting Tier 2 information.  The facility owner or operator should contact the chairperson (if there is one appointed) and Fire Department for the town's specific submission requirements.  If a town LEPC belongs to a regional LEPC  (PDF) (note regions may have various roles depending upon the region needs) the submitter should first contact town LEPC to verify who (region or local LEPC or fire department) is accepting the Tier II form. 

Who requires the submission of locations of hazardous chemicals or site plan with the Tier II form?
40 CFR section 370

The SERC does not require a description of the precise locations of the hazardous chemicals at your facility.  It is recommended by the SERC that you contact your local Fire Department who has jurisdiction over your facility to determine if a site plan or a brief description of the precise location of the hazardous chemicals is required to be submitted with your facility Tier II form.

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Content Last Updated on November 18, 2009