Tier II Reporting

For any hazardous chemical used or stored in the workplace, facilities must maintain a material a material safety data sheet , a list of chemicals, to be submitted to their State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC) and local fire department. Facilities must also report an annual inventory of these chemicals by March 1 of each year to there SERC (State Emergency Response Commission), LEPC (Local Emergency Planning Committee) and local fire department. This information must be made available to the public.

The following facilities with chemicals in quantities that equal or exceed the following thresholds must report:

  • For gasoline (all grades combined) at a retail gas station, the threshold level is 75,000 gallons (or approximately 283,900 liters) , if the tank (s) was stored entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the State UST program approved by the Agency under 40 CFR part 281.
  • For Extremely Hazardous Substances (EHS) (40 CFR part 355 Appendix A and Appendix B either 500 pounds or the Threshold Planning Quantity (TPQ) whichever is lower
  • For diesel fuel (all grades combined) at a retail gas station, the threshold level is 100,000 gallons (or approximately 378, 500 liters) , if the tank (s) was stored entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the State UST program approved by the Agency under 40 CFR part 281.
  • For all other hazardous materials chemicals stored at quantities of 10,000 pounds.

What is a hazardous chemical?

A hazardous chemical is any substance for which a facility must maintain a Safety Data Sheet (previously known as a Material Safety Data Sheet) under OSHA’s Hazardous Communication Program. Safety Data Sheets provide detailed data on health hazards and physical hazards of chemicals along with associated protective measures. Over 500,000 products have Safety Data Sheets obtained from the chemical manufacturer.

Under the Emergency Planning and Community Right-to Know Act (EPCRA Section 311) If the facility is covered under the Tier ll act they must submit the same Safety Data Sheets and/or Safety Data Sheets to their SERC, LEPC, and local fire department. Or facilities may choose to submit a detailed list of the same chemicals instead. This is a one-time submittal; facilities have three months after becoming subject to the OSHA regulations to submit their materials.

Facilities that need to submit Safety Data Sheets or chemical lists under Section 311, also need to submit an annual inventory report for the same chemicals in accordance with the Emergency Planning and Community Right-To-Know Section 312. The report must be submitted to the SERC, LEPC, and local fire department by March 1, of each year.

Those facilities covered by these requirements must submit an emergency and hazardous chemical inventory form to LEPC, the SERC and local fire department annually. Facilities provide either a Tier l or Tier ll form. Most states require the Tier ll form. Tier ll 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 chemical name or the common name as indicated on the Safety Data Sheet.
  • An estimate of the maximum amount of the chemical present at any time during the preceding calendar year and average daily amounts.
  • A brief description of the manner of storage of the chemical
  • The location of the chemical at the facility
  • An indication of whether the owner of the facility elects to withhold location information from disclosure to the public.