SERC: Chemical Inventory Reporting (Tier II)

 Tier Two - Emergency and Hazardous Chemical Inventory 

Who must comply with this reporting requirement?

Under EPCRA Section 312, facilities and businesses are required to report inventories of substances or products that meet or exceed reporting thresholds.  They must submit a Tier Two Emergency and Hazardous Chemical Inventory report by March 1st of each year for the inventory of hazardous substances or chemicals stored on site during the previous calendar year.

What type of information is required to be reported in a Tier Two submission?
 
Tier II information provides the state and local officials and the public with speicific inormation on the amoutns and locatin of hazarodus chemicals present at a faiclity during the previous calendar year. 
  • The calendar year for the reporting period.
  • An indication whether the information being reported on page one of the form is identical to that submitted last year.
  • The complete name and address of the location of your facility (inlude the full street address or state road, icty, county, state and zip code), latitude and longitude.
  • An indication if the locaion of your facility is manned or unmanned.
  • An estimate of the maximum number of occupants present at any one time.  If the location of your facility is unmanned, check the box marked N/A, not applicable.
  • The North American Industry Classification System (NAICS) code for your facility.
  • The Dun & Bradstreet number of your facility.
  • Facility identificaiton numbers assigned under the Toxic Release Inventory (TRI) and Risk Management Program.  If you facility has not been assigned an id number under these programs or if your facility is not submit to reporting under these programs, check the box marked N/A, not applicable.
  • An indication whether your facility is subject to the chemical accident prevention requirements under seciton 112(r) of the Clean Air Act (CAA), codified in 40 CFR part 68, Chemical Accident Prevention Provisions, also known as the Risk Management Program.
  • The name, mailing address, phone number and email address of the owner or operator of the facility.
  • The name, mailing address, phone number, Dun & Bradstreet number and email address of the facility's parent company. These are optional data elements.
  • The name, title, phone number, 24-hour phone number and email address of the faciity emergnecy coordinator, is applicable.
  • 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 Tier2 Submit submission is true, accurate and complete.
Are there any new reporting requirements effective for the 2013 reporting year?

Yes, please visit the 2013 Tier II Reporting Requirement checklist to learn what new and optional reporting requirements for the 2013 reporting period due on or before March 1, 2014.
 
What are some typical reporting examples?  (Source:  EPA, Region 1)
  • Most pesticides contain EHSs and have Tier 2 reporting thresholds from 1-10,000 lbs.
  • If you store more than 1,562 gallons of heating oil, you have exceeded the reporting threshold.
  • A walk-in cooler or refrigeration system with more than 500 lbs of ammonia requires reporting.
  • A facility with 500 lbs of nitric or sulfuric acid must report.
  • If you use 100 lbs of hydrofluoric acid (hydrogen fluoride) you must report.
  • If you alter (cut, weld, grind, braze) more than 10,000 lbs of metal stock, your facility must report.
  • If you sell or service industrial batteries that contain sulfuric acid, you may have to report.
  • Contractors may have a reporting responsibility for construction materials on site.
  • Owners, operators or renters of warehouses may have to report.
  • Bleaching/cleaning solutions containing sodium hypochlorite are reportable.
  • If you have a total of 10,000 lbs (2,500 gallons) of propane for heating or distribution, you must report.
What information may be withheld from disclosure in a Tier II submission?
 
Please refer to the EPA instructions, page 6 (PDF) regarding withholding location information.  For withholding the chemical name or the common name of the chemical refer to EPA Trade Secret Substantiation Instructions (PDF)
 
Where can I find information regarding chemicals and hazardous substances?
 
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 Two 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.  

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?

Refer to EPA 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 Two 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.  

What are the requirements for Lead Acid Battery Reporting Under EPCRA?

OSHA determined that lead acid batteries are hazardous chemicals under the OSHA definition since there are chemical and physical hazards associated with them.  Lead acid batteries have the potential to emit hydrogen gas which, upon ignition, may result in a fire or explosion.  Furthermore, OSHA’s Directive on Inspection Procedures for the Hazardous Communication Standard state that lead acid batteries do not fall under the article exemption because they have the potential to leak, spill, or break during normal conditions of use, including foreseeable emergencies.  For more guidance regarding mixture, or non-EHS chemicals, review the EPA issued guidance on April 4, 2007 a Lead Acid Battery Reporting Guidance under EPCRA Sections 311 and 312.

What are the reporting requirements for hazardous chemical exemption for solids?

Refer to the EPA interpretation (PDF).  

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

Yes, Tier2 Submit is free, personal computer software developed by EPA and NOAA for use by facilities in submitting Tier Two Chemical Inventory Reports.  The software assists you through the preparation of the Tier Two form.  The DEEP prefers the electronic submission of a Tier2 Submit form by use of the Tier2 Submit software, however, it is not a mandatory reporting tool.  The Tier2Submit software is 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 Two  information.  Do I need to download Tier2 Submit software each year?

Yes, facilities must use the current Tier2 Submit software to report Tier Two 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 Two 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, 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 Two 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 Two."  All emails must be directed to deep.ctepcra@ct.gov

If I file an electronic Tier Two form or CD containing a Tier2 Submit form, is there any other certification required? 

Yes, when the Tier Two form is filed electronically or by CD, a signed Connecticut Tier2 Submit Report Certification (PDF, Word ) must be submitted because the DEEP is not accepting electronic signatures.  On the Connecticut Tier2 Submit Report Certification, the preparers' signature, title and date is required.  Also, the signature of the owner or operator of the facility or the officially designated representative of the owner/operator, title and date is required. 

Who do I submit a Tier Two form to?

Tier Two forms must be submitted to the SERC at deep.ctepcra@ct.gov.  You must submit Tier Two information to the LEPC (PDF) and the fire department who has  jurisdiction over your facility.  Please be aware that towns have various practices for collecting Tier Two information.  The facility owner or operator should contact the LEPC 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 Two form. 

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

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 description of the precise location of the hazardous chemicals is required to be submitted with your facility Tier Two form.

Helpful Links

Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard   

Emergency Planning and Community Right to Know CT Business and Facility Required Reporting Guidance (PDF)

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).

July 13, 2010 EPA published in the federal register Guidance on Reporting Options for EPCRA Sections 311 and 312 and Interpretations (PDF).

Contact Information    

Type

Contact

Tier2 Submit problems

(703) 227-7650 (phone)
RMPRC@epacdx.net (e-mail)
 

For answers to questions about completing Tier Two Forms

Superfund, TRI, EPCRA, RMP & Oil Information Center is a publicly accessible service that provides up-to-date information on several EPA programs at http://www.epa.gov/superfund/contacts/infocenter/

Phone:  1-800-424-9346 or TDD (800) 553-7672
Monday - Thursday 10 am - 5 pm Eastern
Extended Hours of Operation (May, June, July)
Monday - Friday 9 am - 5 pm Eastern 

 
This overview is designed to provide basic information regarding the law and regulations.  Please note that the definitions used in this guidance are found in regulation. It is the responsibility of the facility owner or operator to obtain and comply with all reporting requirements. Note: SERC/DEEP/EPA Information Specialists staff do not provide regulatory interpretations.  They do, however maintain up-to-date information on the availability and distribution of publications and other resources pertaining to EPCRA programs.
 

Content Last Updated July 23, 2012