Tier II Reporting Requirements Under the EPCRA
Who has to report?
Since you store and use chemicals at your facility, you are required by OSHA to keep an MSDS on file for any hazardous chemicals stored or used in the work place. This requirement is in place to protect your employees. The EPCRA Requirements are in place to protect your community and the emergency responders in your area. If one or more of the chemicals stored at your facility is in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then a Tier II form must be filed for every year that any of those chemicals exceed this quantity.
What has to be reported?
The TPQs for various chemicals vary by state and even local municipalities. For instance, California businesses must file a Hazardous Materials Business Plan that has requirements well above and beyond the federal Tier II reporting requirements. Likewise, New York City has TPQs that are much lower than the federal and New York State requirements. Additional information about each state can be found on the EPA website.
However, many states adopt the federal regulations and even use a standard electronic submission tool (see below). For states adopting the federal requirements, the TPQs for your materials can fall under 2 categories: “Extremely Hazardous” and everything else. These “Extremely Hazardous” chemicals have a TPQ less than 10,000 lbs due to their health hazards. If a chemical you store does not appear on this list, yet you have a MSDS for it, you will need to report it only if you store it in amounts greater than 10,000 lbs. Again, keep in mind, various states and municipalities may have lower reporting thresholds.
Common materials that qualify as “Extremely Hazardous” include the sulfuric acid in used and forklift batteries you have on site (you do not have to report for the batteries in vehicles on your lot or the batteries in your parts department labeled for individual resale). Other hazardous materials that commonly exceed 10,000 lbs at typical automotive facilities include gasoline, motor oil, antifreeze, the lead in batteries and diesel. Please notice the quantities are recorded in pounds, so you will have to convert liquid volumes.
When is the report due?
The EPCRA Tier II reporting deadline for most states is March 1 each year. However, this deadline may be different for some states and municipalities. You may contact KPA for specific information for your location.
Why do I have to report?
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA aka the Superfund Act) was enacted by Congress in 1980 to clean up the nation's hazardous waste sites and to provide for emergency response to releases of hazardous substances into the environment. In response to continuing community concern regarding hazardous materials and chemical release tragedies, a reauthorization and expansion of Superfund was signed into law in 1986. It is known as the Superfund Amendments and Reauthorization Act (SARA). Title III of SARA ("SARA Title III") is the Emergency Planning and Community Right-To-Know Act (EPCRA). The law was designed to improve local hazardous materials emergency response capabilities and provide the public with information concerning hazardous and toxic chemicals in their community.
How do I report?
As mentioned before, Eeach state handles Tier II reports differently. Some states accept the federal paper form, some request the use of EPA’s electronic reporting tool (Tier2 Submit) and some have their own state system. The chart below provides a summary of state requirements. Note that states that do not use Tier2 Submit nor the Federal Form, may still adopt the Federal thresholds, however they have their own reporting system.
|State||Tier II Submit||Federal Form||State Specific||State||Tier II Submit||Federal Form||State Specific|
Additional reporting may be required by your State Emergency Response Commission (SERC), your Local Emergency Planning Commission (LEPC) or your local or state fire department. Consult the “State Tier II Reporting Requirements” page on the EPA website for additional state and location specific information.
Where can I get more information?
Additional information can be found on the “EPCRA Requirements” page on the EPA website. As always, KPA can assist you with your Tier II reporting questions as part of our comprehensive environmental compliance services.
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