Superfund Amendments & Reauthorization Act (SARA) Title III Emergency Planning & Community Right-to-Know Act (EPCRA) Compliance.
Tier II reports, more officially known as Emergency and Hazardous Chemical Inventory Forms, are required to be submitted annually to local fire departments, Local Emergency Planning Committees (LEPCs) and State Emergency Response Commissions (SERCs) under Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). The purpose of Tier II reports is to provide these agencies with specific information on hazardous chemicals stored at facilities so that they can prepare for and respond to any chemical emergency that may occur.
Some states have specific requirements for reporting and submission of the Tier II inventory form and/or the state reporting form or format. EPA suggests that facilities contact their state for state specific reporting requirements.
The deadline to file a facility Tier II report with the State and Local Environmental Agencies is March 1 each year and, if not filed on time, it could subject you to enforcement actions including significant penalties.
WHO MUST SUBMIT A TIER II HAZARDOUS CHEMICAL REPORT?
- Section 312 of SARA Title III requires that the owner or operator of a facility submit their Tier II Hazardous Chemical Report if so requested by a State emergency response commission, a local/regional emergency planning committee, or a fire department with jurisdiction over the facility.
- This request may apply to the owner or operator of any facility that is required, under regulations implementing the Occupational Safety and Health Act of 1970, to prepare or have available a Safety Data Sheet (SDS) for hazardous chemicals present at the facility. SDS requirements are specified in the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard, found in Title 29 of the Code of Federal Regulations at x1910.1200.
RSB Environmental is a full-service environmental consulting firm, specializing in turnkey environmental solutions and environmental compliance. Our knowledge and experience allow us to execute efficiently and cost-effectively.
TYPICAL SCOPE OF WORK
- RSB will acquire the data needed to perform a comprehensive evaluation of the reportable chemicals purchased, stored, manufactured, processed or otherwise used. Among the site-specific data to be evaluated are the Safety Data Sheets (SDSs) of the chemicals purchased at the site during the previous calendar year and the inventory of chemicals purchased, stored and used at the site during the same year. This data will be provided by the client or the client will make it readily available on site for RSB’s evaluation.
- With the information referenced above, RSB will determine the chemicals that were present on-site in exceedance of the applicable threshold quantities and will prepare the corresponding Tier II reports/notifications.
- RSB will submit the EPCRA Tier II report to the appropriate State and local emergency response agencies on or before the regulatory due date of March 1.
- RSB will provide the client with a summary report supporting the report thresholds and related calculations.
Minimum Tier II reporting thresholds have been established for Tier II reporting under SARA Title III, Section 312. These thresholds are as follows:
- For Extremely Hazardous Substances (EHSs) designated under Section 302 of SARA Title III, the reporting threshold is 500 pounds (or 227 kg.) or the threshold planning quantity (TPQ), whichever is lower.
- For All Other Hazardous Chemicals for which facilities are required to have or prepare an MSDS, the minimum reporting threshold is 10,000 pounds (or 4.540 kg.).
- You need to report hazardous chemicals that were present at your facility at any time during the previous calendar year (e.g. a chemical stored and used for a special project for one day at your facility) at levels that equal or exceed reporting thresholds.
Let RSB Engineers help you comply with these requirements. We are certified Professional Engineers