EPCRA Tier II: Does the March 1 Deadline Apply to Your Facility?
The Emergency Planning and Community Right to Know Act (EPCRA) requires facilities to report emergency and hazardous chemical information each year to t...
The Emergency Planning and Community Right to Know Act (EPCRA) requires facilities to report emergency and hazardous chemical information each year to their state and local emergency response officials and local fire departments. This is a federal requirement, but each state has its own nuances in method of submittal, what’s required with the submission and who to send it to. For reporting, EPCRA has a Tier I form and a Tier II form. The Tier II has all of the information Tier I does, but with more detail, so many states just require the more complete Tier II form.
⚡ TL;DR: EPCRA Tier II is due March 1 annually if your facility stores chemicals above EPA thresholds (500 lbs for Extremely Hazardous Substances, 10,000 lbs for others). Most states require electronic submission to state emergency response commissions and local fire departments.
Does This Apply to My Facility? First, all chemicals you’re required to keep a Safety Data Sheet (SDS) for per OSHA requirements are subject to reporting. Next, determine if the quantities on-site at any one time last year met the threshholds for reporting. Extremely Hazardous Substances listed in 40 CFR part 355 Appendix A and Appendix B, the reporting quantity is 500 pounds or the amount of the Threshold Planning Quantity (TPQ), (whichever is lower). Gasoline and diesel fuel at retail gas stations have their own individual requirements. For all other hazardous chemicals, the threshold is 10,000 pounds. There are a few exclusions per EPCRA for food, food additives, drugs, cosmetics, substances for general/household purposes for use by the general public, fertilizer sold to farmers, and substances used by research labs and hospitals. Information Collected Each state has its own requirements, but the information reported is very similar. Some examples of information you’ll need to gather include: SDS for Each Chemical Facility Information Emergency Contacts and Contacts Knowledgeable of Tier II Information Physical and Health Hazards Chemical Descriptions Maximum Amount Present on any Single Day During Reporting Period Average Daily Amounts (Weights) Number of Days Onsite Storage Types, Conditions and Locations Reporting Each state varies on how the information is reported then given to emergency officials. Some states require electronic reporting, others may require you to send it directly to your state emergency response commission, your local emergency response commission and the fire department with jurisdiction over your facility. Check out your state requirements here. Reporting is due March 1.
Unsure if you’re in scope? iSi can evaluate your chemical inventory and state requirements, then handle Tier II preparation and submission. Let’s get this done right.
💰 The cost of non-compliance: Late or missing Tier II filings trigger escalating EPA penalties and state-specific fines, plus operational disruptions if emergency response agencies shut down facility access for safety planning. Non-compliant facilities face heightened audit frequency and enforcement scrutiny.
Frequently Asked Questions
Q: What is the difference between EPCRA Tier I and Tier II reports?
EPCRA Tier II reports contain all the information required in Tier I reports but with significantly greater detail about chemical hazards, storage locations, and facility-specific information. Many states require Tier II reports exclusively due to their comprehensive nature and the additional actionable information they provide to emergency responders. The Tier II deadline is March 1 annually.
Q: What are the reporting thresholds for hazardous chemicals under EPCRA?
Extremely Hazardous Substances listed in 40 CFR parts 355 Appendix A and B require reporting at 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower. All other hazardous chemicals subject to OSHA Safety Data Sheet requirements have a 10,000-pound threshold. Gasoline and diesel fuel at retail gas stations have separate individual requirements under EPCRA.
Q: Which chemicals are exempt from EPCRA Tier II reporting?
EPCRA exempts chemicals used for food, food additives, drugs, cosmetics, general household products sold to the public, fertilizers sold to farmers, and substances used by research laboratories and hospitals. Additionally, any chemical not requiring an OSHA Safety Data Sheet is exempt from Tier II reporting requirements.
Q: Where do I submit EPCRA Tier II reports and what are the reporting requirements?
Reporting methods and recipients vary by state; some states require electronic submission, while others require direct submission to the state emergency response commission, local emergency response commission, and local fire department. Facilities must report maximum amounts present, average daily amounts, storage types and locations, and emergency contact information. The deadline is March 1 annually.
EPCRA compliance isn’t complicated once you map out your applicability and state-specific requirements. But missing the deadline or submitting incomplete data creates regulatory exposure and limits your ability to work with emergency responders when seconds count. Start your Tier II assessment today.
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