Is your facility required to file an annual hazardous chemical inventory (aka Tier II) report? If so, the March 1 due date is fast upon us. Today and tomorrow we will review some tips for determining if you have to report and how to gather the chemical information. After that, we will take a look at some Tier II questions, common errors regarding Tier II reporting, and penalties for faulty reporting.
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Note: There are two types of hazardous chemical inventory reports: Tier I and Tier II. Tier I reports provide the minimum information that a facility must report to be in compliance with the hazardous chemical inventory reporting requirements. Tier I reports are essentially obsolete because state and local officials no longer accept them. They all now require Tier II reports, which require submission of more detailed, location- and chemical-specific information. As a result, the hazardous chemical inventory report has come to be known as the Tier II report.
Tip: Tier II reports are submitted to state and local emergency planning and response authorities. While many states want you to use the U.S. Environmental Protection Agency’s (EPA) Tier2 Submit software for filing your Tier II information, some states and local agencies have different requirements. Be sure to check with your state or local agency on how it wants the report submitted. Some states now accept (or require) submissions via E-Plan, an emergency response information system developed by the University of Texas at Dallas.
Are You Required to Submit a Tier II Report?
If you are required to maintain safety data sheets (SDSs), formerly known as material safety data sheets (MSDSs), under the Occupational Safety and Health Administration (OSHA) regulations for hazardous chemicals stored or used in the workplace, you may be required to submit a Tier II report under EPA’s Emergency Planning and Community Right to Know (EPCRA) regulations. It all depends on the chemicals and the amount stored.
You are required to submit a Tier II report if your facility used or stored:
- A hazardous chemical that is a listed extremely hazardous substance (EHS), as listed in 40 CFR 355 Appendix A, and it is present at the facility at any one time in an amount greater than 500 pounds (lb) or the threshold planning quantity (TPQ), whichever is less; or
- A hazardous chemical that is not an EHS and it is present at the facility at any one time in an amount greater than 10,000 lb.
Note: Thresholds are higher for gasoline and diesel storage at retail gas stations.
You are not required to report substances for which you are not required to have an SDS/MSDS or substances that are exempt from hazardous chemical inventory reporting.
What Information Must Be Reported?
When filing a Tier II report, you must provide:
- Facility and contact information.
- A certification statement that requires the signature of the owner/operator or its authorized representative.
- Chemical information, including:
- Whether it is a pure chemical or a mixture;
- Name of the chemical or mixture and Chemical Abstracts Service (CAS) number, if applicable;
- Whether or not the chemical is an EHS;
- The phase of the chemical: solid, liquid, gas, or trade secret; and
- The hazards associated with the chemical.
- Inventory information, including:
- Maximum amount;
- Average daily amount;
- Number of days on-site;
- Type of storage;
- Storage conditions, including temperature and pressure; and
- Storage locations, which may require attaching a site plan or map.
Check tomorrow’s Advisor for some tips for gathering your chemical inventory information.