EPA Tier II Reporting: Requirements, Deadlines, Best Practices and the Need for Automation

Many industries use hazardous chemicals as part of their production process. However, these chemicals can pose risks to workers, the environment, and surrounding communities, requiring careful handling and storage. The U.S. Environmental Protection Agency’s (EPA) Tier II Reporting tracks and enforces storage-related regulations for hazardous materials at such facilities. Industries that use hazardous chemicals must track the quantities they use, record specific amounts, and create safe storage locations to protect communities and inform them of the measures taken.

Background on Environmental Protection Agency’s (EPA) Tier II Reporting

The Emergency Planning and Community Right-to-Know Act (EPCRA) was passed in 1986 following several incidents where hazardous waste releases harmed people and the environment. This act mandated annual reporting on hazardous materials stored in industrial facilities, covering key areas such as:

• Emergency Planning
• Emergency Release Notification
• Hazardous Chemical Storage Reporting Requirements
• Toxic Chemical Release Inventory
• Tier II (SARA 312)

Under EPCRA, Section 312, Tier II (SARA 312) norms require businesses to report hazardous and toxic substances housed in their facility at any time during the reporting year. Businesses are also required to maintain a Safety Data Sheet (SDS) under OSHA’s hazard communication standard for:

• Tier II substances
• Extremely Hazardous Substances (EHS) that meet or exceed the threshold levels outlined in Tier II reporting.

What are EPA’s Tier II Reporting Requirements?

The following reporting requirements apply to facilities using or storing hazardous chemicals:

• Facilities with 10,000 pounds or more of any hazardous chemical, as defined by OSHA.
• Facilities with Extremely Hazardous Substances (EHS) identified by the EPA that meet the Threshold Planning Quantity (TPQ) at any point during the reporting year.
• Retail gas stations storing 75,000 gallons of gasoline or 100,000 gallons of diesel fuel.

State reporting requirements may be more stringent than federal regulations, and businesses must meet these standards as well.

EPA Tier II Reporting Deadlines

Tier II forms must be submitted to the Local Emergency Planning Committee (LEPC), the State Emergency Response Commission (SERC), or the local fire department by March 1st every year. There are no extensions. Failure to meet this deadline results in fines and penalties, as it constitutes a violation of Emergency Preparedness/Right-to-Know regulations.

EPA Tier II Reporting Best Practices

Tier II reporting is essential but can be demanding and time-consuming. Following these best practices can help streamline the process:

Step 1: Establish an Effective Record-Keeping System

• Track:

• Inventory
• Chemical usage
• Storage details

Step 2: Choose a Reporting Method

• Method 1 - Maintain a standing inventory showing current chemicals in the facility.
• Method 2 - Calculate inventory daily or monthly based on purchase and usage records.
• Method 3 - If inventory records aren’t available, estimate chemicals used based on purchase volumes and consumption rates.

Organize data for easy access when reporting.

Step 3: Review for Accuracy

• Ensure all chemicals are included, and cross-check with the Tier II chemical list.
• For each chemical, provide:

• Physical and health hazards
• Maximum amount stored
• Average daily amount used
• Duration on-site (e.g., 365 days)
• Storage types, conditions, and locations (including maps or identifiable details for emergency responders, if applicable).

• Exemptions include:

• Solid substances that do not cause exposure during normal use
• Substances in research laboratories or hospitals
• Substances used for routine agricultural operations

Step 4: Submit the Tier II Report Digitally

Adhering to these best practices is essential, as noncompliance can lead to fines of up to $50,000 based on the severity of the violation.

Common violations include:

• Late submission
• Missing chemicals from the report
• Incomplete reporting for a chemical

Automating EPA Tier II Reporting with ComplianceQuest EHS Solution

Due to the complexities involved in maintaining detailed records, businesses sometimes struggle with reporting compliance. Inconsistencies across facilities and outdated chemical inventory data are common challenges that can lead to penalties.

A cloud-based, AI-powered solution like CQ’s SafetyQuest can improve the accuracy and efficiency of Tier II reporting. Built on Salesforce, ComplianceQuest integrates with systems such as ERP, SCM, and CRM, providing a unified view of all chemicals purchased and used across locations. With centralized access to SDSs, reviews, and submissions become much easier.

Additionally, ComplianceQuest’s Incident Management solution offers up-to-date information on near-misses, observations, and incidents related to chemical hazards. These insights help businesses identify gaps and continuously improve their processes, ensuring compliance and boosting stakeholder confidence.