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Tier II Reporting Services
SARA Title III/EPCRA (Superfund Amendments & Reauthorization Act Title III / Emergency Planning & Community Right-to-Know Act) was implemented to create a relationship among government, business, and the public, in the effort to prevent and respond to chemical emergencies.
Annually by March 1, all owners and operators of manufacturing and non-manufacturing facilities with one or more covered hazardous chemicals are required to fill out Tier II forms to report chemical inventory data to their local fire departments, local emergency planning committees, and state emergency response commissions. In California, a facility may be required to file the Hazardous Materials Business Plan (HMBP).
Our experienced environmental consulting team helps you easily comply with the reporting requirements. We visit your facility to conduct an assessment to verify whether you need to file a Tier II report and determine the specific federal, state, and local environmental requirements for your location(s). We then prepare and file the Tier II report quickly and accurately for you if necessary.
Required Reporting Elements
Steps To File
Inventory your chemical storage.
Determine maximum & average daily storage of regulated chemicals.
Register with the state reporting system.
File report & maintain records.
Who Must File a Tier II Report?
- Facilities covered under OSHA’s Hazard Communication Standard and that must prepare or have available safety data sheets (SDSs) for one or more hazardous chemicals; and
- Facilities that meet either of the following conditions:
- An extremely hazardous substance (EHS) is present at any one time in an amount equal to or greater than 500 pounds (approximately 55 gallons) or the threshold planning quantity (TPQ), whichever is lower.
- A hazardous chemical that is not an EHS is present at any one time in an amount equal to or greater than the threshold level for that chemical. Threshold levels are 10,000 pounds unless the chemical is gasoline or diesel fuel at a retail gas station (higher threshold quantities apply to retail gas stations).
There is no threshold quantity if state responders, local emergency officials, or the local fire department asks you for information on any or all of your chemicals.
If a violation is discovered, EPA considers:
- The nature, extent, gravity, and circumstance of the violations
- Prior violations
- Willful or accidental violation
- Company cooperation
- Immediate steps to come into compliance
What Hazardous Substances Must Be Reported?
What Chemicals are Excluded from the Reporting Requirements?
- Foods, food additives, color additives, drugs or cosmetics regulated by the Food and Drug Administration;
- Substances that are present as a solid in any manufactured item when exposure to the substance does not occur in normal use;
- Any substance that is used for personal, family, or household purposes, or present in the same form and concentration as a packaged product used by the general public;
- Any substance used in a research laboratory or hospital under the direct supervision of a qualified individual; and
- Any substance used in routine agricultural operations or is a fertilizer held for sale at a retailer.
Note that most states want you to use the federal electronic Tier II software to submit your chemical information, but some have other submission requirements.
J. J. Keller can help assess your facility for applicability, complete Tier II reports on your behalf, and provide inspection support.
Hazardous Materials Business Plan
The state of California requires an owner or operator of a facility to complete and submit a Hazardous Material Business Plan (HMBP) if the facility handles a certain quantity of hazardous material or mixture containing a hazardous material any one time during the reporting year.
A HMBP is a document containing detailed information to provide basic information necessary for use by first responders in order to prevent or mitigate damage to the public health and safety and to the environment from a release or threatened release of a hazardous material. It also satisfies the federal and state Community Right-to-Know laws. Our environmental areas of focus include Tier II reports; Toxic Release Inventory (Form R/A) reports; air quality permits and reports; risk management plans and updates; hazardous waste contingency plans and training; wastewater and storm water permits; spill prevention, control, and countermeasure plans; and spill reporting.
The HMBP should include:
- Inventory of hazardous materials at a facility
- Emergency response plan and procedures in the event of a reportable release or threatened release of a hazardous material
- Training for all new employees and annual training, including refresher courses, for all employees in safety procedures in the event of a release or threatened release of a hazardous material.
- A site map that contains north orientation, loading areas, internal roads, adjacent streets, storm and sewer drains, access and exit points, emergency shutoffs, evacuation areas, hazardous material handling and storing areas, and emergency response equipment.