Tier I and Tier II Reporting: An Overview of EPCRA Requirements 

Tier I and Tier II Reporting: An Overview of EPCRA Requirements, presented by UA SafeState
The Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 was created to help communities plan for chemical emergencies.
It also requires industry to report on the storage, use and releases of hazardous substances to federal, state, and local governments. EPCRA then requires that state and local governments, and Indian tribes use this information to prepare for and protect their communities from potential risks of these substances.
The Occupational Safety and Health Administration (OSHA) Hazard Communication Standard requires hazardous chemicals to have an SDS, which a facility must maintain. This lists the criteria used to identify a hazardous substance based on its properties.
EPCRA has four major provisions: Emergency Planning Notification and Emergency Response Plans, Emergency Release Notifications, Hazardous Chemical Inventory Reporting, and Toxic Chemical Release Inventory. This video covers the EPCRA Hazardous Chemical Inventory Reporting Requirements, referred to as Tier I and Tier II inventory reporting.
So, what facilities are covered? For facilities with extremely Hazardous Substances (EHSs): if you have either either 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower.
For gasoline at a retail gas station: if the tank(s) is greater than or equal to 75,000 gallons, if the storage is entirely underground and, during the preceding calendar year, the tank was in compliance at all times with all applicable National Underground Storage Tank (UST) requirements or requirements of the State UST program approved by the Agency.
For diesel fuel at a retail gas station, the threshold level is 100,000 gallons, the tank(s) is stored entirely underground and, during the preceding calendar year, in compliance at all times with all applicable National Underground Storage Tank (UST) requirements or requirements of the State UST program approved by the Agency.
For all other hazardous chemicals at any facility, storage in quantities greater than or equal to 10,000 pounds.
What are facilities required to do? Under Section 311 of EPCRA, if the chemicals stored or used at the facility exist at or above the reporting threshold, the facility must submit the SDSs to their State or Tribal Emergency Response Commission (SERC or TERC), Local or Tribal Emergency Planning Committee (LEPC or TEPC), and local fire department.
Facilities may choose to submit a list of the hazardous chemicals grouped into hazard categories instead. This is a one-time submittal. New facilities must submit this list within 3 months of becoming subject to OSHA regulations.
Once a year, reporting facilities must submit an annual inventory report of the same chemicals. This inventory report must be submitted to the SERC or TERC, LEPC or TEPC, and the local fire department by March 1 of each year.
The inventory form provides the physical and/or health hazard of each hazardous chemical, their locations, and quantities that were present at the facility during the previous calendar year.
Facilities must also submit either a Tier I or Tier II form. Most States require the Tier II form. Tier II forms require basic facility identification information, employee contact information for both emergencies and non-emergencies, and information about chemicals stored or used at the facility. The EPA recently revised the Tier II form to include additional data elements which would be useful for local planners and responders.
For more information on Tier I & II reporting, or for assistance submitting one, please contact us at UASafestate. We’re here to help.