Are You Prepared for the 2023 Tier II Reporting Deadline?
Hazardous substances are nuanced and complex—which may make mandatory Tier II reporting more difficult. If you have hazardous materials within your facility, don't delay preparation for the 2023 Tier II reporting deadline.
Tier II reports, also called Emergency and Hazardous Chemical Inventory Reports, are complex yet vital communications covering hazardous substances within your facility. Under Section 312 of the Emergency Planning Community Right-to-Know Act (EPCRA) of 1986, these must be submitted to the relevant State Emergency Response Committee (SERC), Local Emergency Planning Committee (LEPC), and local fire department, every spring.
When Is Reporting Required?
United States organizations are required to complete a Tier II report if they store chemicals (or any material that has a safety data sheet) in quantities equal to or exceeding 10,000 pounds each. If you have "Extremely Hazardous Substances" (EHSs) at your site, you may also need to report if your hazardous materials storage is equal to or above specific "Threshold Planning Quantities" that vary by substance. An example of an EHS chemical is sulfuric acid, which is reportable at only 500 pounds.
Tier II reports are due on March 1 of each year, a deadline which is rapidly approaching. Fines of up to $50,000 per day may be imposed for each and every violation of EPCRA, which is why it is important to be thoroughly prepared.
As 2022 ends, save yourself time, money, and headaches—make sure you are prepared for the upcoming reporting deadline now, using the six key steps outlined below.
1. Start Planning Early
Early planning prevents rushing—and thus, mistakes—throughout the process. Allow yourself plenty of time to prepare and research so any complex questions that arise can be solved in advance, preventing problems later on. Gathering information will take time, so it's best to start as the previous year is ending.
2. Understand Reporting Laws
Familiarize yourself with the thresholds for hazardous materials present within your facility and learn how to report on them. Read about the Tier II reporting process and look over the information that will be asked for on the forms.
3. Compare Your Chemical Storage to Associated Thresholds
A thorough facility inspection will allow you to identify the amount and type of chemicals stored on site—the amounts present will determine if a Tier II report is required, and for which chemicals. Hazardous materials quantity thresholds are:
- Extremely hazardous substances (EHSs): 500 pounds (227 kg) or the threshold planning quantity (TPQ), whichever is less. A list of EHSs can be found here.
- All other hazardous substances: 10,000 pounds (4,540 kg) each for any material that has a Safety Data Sheet (SDS).
4. Determine What to Include in Your Report
Once you have determined which chemicals need to be included, you also need to find out what information to include in the report. Hopefully, you prepared early and are aware of exactly what information is present on the form. Some, but not all, of the inclusion requirements are:
- Chemical Abstracts Service (CAS) number
- Brief explanation of where the hazardous materials are kept as well as how they are stored
- Estimated daily and maximum yearly quantities of hazardous material on site
Gathering all of this information can help you be more prepared and make reporting quick and easy.
5. Ensure Emergency Preparation
Accurately reporting chemicals, amounts, locations, and potential hazards can help your SERC, LEPC, and fire department respond quickly and efficiently in the event of a major emergency. These organizations will be able to more appropriately plan and prepare for such events with accurate information—and well-prepared emergency responders will enable a more efficient response, reducing liability and injuries.
6. Ask for Help With Reporting Obligations
If you are confused or overwhelmed with reporting obligations, Triumvirate Environmental can help. Check out our "Tier II: Are You Prepared for the March 1 Deadline" webinar or contact us today. Our compliance experts can help you review chemical inventory, complete paperwork, and help you to meet the March 1, 2023 deadline for filing Tier II reports.