March 1 Deadline Approaches for EPCRA Tier II Reporting Requirements
March 1, 2011, is the deadline for owners or operators of facilities covered under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) to file annual “Tier II” reporting forms to the appropriate state and local agencies. Under EPCRA Section 312, any facility required under Occupational Safety and Health Administration (OSHA) regulations to maintain material safety data sheets (MSDS) for hazardous chemicals and that stores these chemicals on-site during the year in an amount equal to or greater than specified quantities, must file annual reports. These specified quantities are:
- For Extremely Hazardous Substances (EHS): either 500 pounds or the Threshold Planning Quantity, whichever is lower.
- For gasoline at a retail gas station: 75,000 gallons, if the tank 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 C.F.R. part 280 or requirements of the U.S. Environmental Protection Agency (EPA)-approved state UST program.
- For diesel fuel at a retail gas station: 100,000 gallons, if the tank was stored entirely underground and the tank was in compliance at all times during the preceding calendar year with all applicable UST requirements at 40 C.F.R. part 280 or requirements of the EPA-approved state UST program.
- For all other hazardous chemicals: 10,000 pounds.
Facilities subject to these reporting requirements must file a report — commonly referred to as a Tier II form — to their State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire department by March 1 of each year. 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.
EPA has developed and makes available at no charge, software that entities subject to the EPCRA Section 312 reporting requirements may use to submit their Tier II reports. The Tier2 Submit software, which is available online, is accepted by many states.