Compliance Guidelines

Tier Two Hazardous Chemical Inventory Reporting

Section 312 of EPCRA requires that Emergency and Hazardous Chemical Inventory (commonly, Tier Two Forms) reports be filed on or before March 1 of each year by owners and operators of facilities that meet the following criteria:

  • The facility stores at any one time an Extremely Hazardous Substance (EHS) in a quantity equal to or exceeding its Threshold Planning Quantity or 500 pounds, whichever is less;

  • The facility stores at any one time 10,000 pounds or more of a hazardous chemical - generally, any substance for which OSHA requires a Material Safety Data Sheet to be maintained (i.e., OSHA defines it as hazardous; essentially, any substance that exhibits one or more physical or health hazards);

  • The facility's hazardous chemicals are not exempted from reporting as, for example: hazardous waste; tobacco or wood products; food, drugs, cosmetics or alcoholic beverages packaged for resale to consumers or intended for consumption by employees on the premises (which in most cases, one may conclude, would not apply to the alcohol); drugs in final form for administration to patients; "articles" defined as products manufactured to specific shape or design that will not result in exposure to a hazardous chemical under normal use; and consumer products or hazardous substances used in the work place in the same manner as their normal consumer use (e.g., toilet bowl cleaner in an employees' rest room).

  • Also excluded from reporting are substances used in research laboratories or medical facilities and substances used in routine agricultural operations, including fertilizers held for retail sale.

Generally, the Tier Two reports must be filed with the State Emergency Response Commission (SERC), Local Emergency Planning Council (LEPC) if present, and local responding fire department.

Reporting forms, software and instructions are available from the US Environmental Protection Agency or state web sites. Links to a few of these sites (i.e., where we have reporting activity) follow below.

Feel free to contact us for assistance with Tier Two reporting requirements or download our Training Presentation: How to Comply with EPCRA Reporting Requirements.