What Is EPCRA Tier II Hazardous Chemical Inventory Reporting?

A facility must comply with the hazardous chemical inventory reporting requirements in 40 CFR Part 370 if the OSHA Hazard Communication Standard requires it to prepare or have available a safety data sheet (SDS) for a hazardous chemical, and if either of the threshold conditions in 40 CFR 370.10(a) is met. A covered facility must submit its annual inventory by March 1 for the preceding calendar year (40 CFR 370.45). The requirement comes from Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA).

Where reports go. Reports go to the State Emergency Response Commission, the Local Emergency Planning Committee and the fire department with jurisdiction over the facility (40 CFR 370.44).

Thresholds. For an extremely hazardous substance, the threshold is 500 pounds or the threshold planning quantity, whichever is lower (40 CFR 370.10(a)(1)). For most other hazardous chemicals the threshold is 10,000 pounds (40 CFR 370.10(a)(2)(i)). Separate thresholds apply to gasoline and diesel at retail gas stations (40 CFR 370.10).

Tier I and Tier II. Tier I information is the federal minimum. A facility must submit Tier II information within 30 days of a request from the commission, committee or fire department (40 CFR 370.45(b)). EPA says most states require the Tier II form (EPA Tier II page). Tier II covers chemical names, maximum and average daily amounts, storage methods, locations and emergency contacts (40 CFR 370.42).

State rules. Some states require a state reporting format, including electronic reporting and certification (40 CFR 370.42), and some require Tier II information annually under state law. The regulation tells facilities to contact the State Emergency Response Commission for that state's reporting formats, procedures and forms (40 CFR 370.40(b) and (c)).

Related updates. EPA recently aligned EPCRA reporting with the 2024 OSHA hazard communication changes, as covered in the news post on EPA's technical amendments to EPCRA reporting. The FAQ on whether DOT-regulated employers are also regulated by OSHA explains overlapping duties.