Tier II reporting: what it is, who files, and when
Tier II is the annual hazardous chemical inventory report required by EPCRA section 312. If your facility had an OSHA hazardous chemical on site at or above its threshold at any time last year, you must report it by March 1 to your State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC) and local fire department.
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Get a fixed quoteWhat Tier II is for
The Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) gives emergency planners and responders a picture of the hazardous chemicals stored in their community. Section 312 inventory reporting is the yearly part of that picture: how much of each chemical you had, how it was stored, and where it was on site (EPA; 40 CFR part 370).
The regulation sets Tier I as the legal minimum, but EPA notes that most states require the more detailed Tier II form, and some require it under state law (EPA; 40 CFR 370.40). In practice almost every facility files Tier II.
Who must file
You must comply if OSHA's Hazard Communication Standard requires you to keep a Safety Data Sheet (SDS) for a chemical and that chemical was present at or above its threshold at any one time during the calendar year (40 CFR 370.10):
| Chemical | Threshold (present at any one time) |
|---|---|
| Extremely Hazardous Substance (EHS) | 500 lb or the Threshold Planning Quantity, whichever is lower |
| Gasoline at a retail gas station (USTs, fully compliant) | 75,000 gallons, all grades combined |
| Diesel at a retail gas station (USTs, fully compliant) | 100,000 gallons, all grades combined |
| Any other hazardous chemical | 10,000 lb |
Typical filers include manufacturing plants, warehouses and distributors, utilities and water treatment plants, telecom sites with large battery banks, fuel terminals, farms and co-ops with bulk products, and fleet yards with large fuel tanks. See our threshold guide for worked examples.
EPA does not publish a list of "Tier II chemicals." If a product needs an SDS and is not exempt, it counts (40 CFR 370.12). Exemptions include FDA-regulated foods, drugs and cosmetics; solids in manufactured articles with no exposure in normal use; consumer products used as consumers would use them; materials used in research labs or hospitals under a qualified person's supervision; and routine agricultural use (40 CFR 370.13).
What goes in the report
For each reportable chemical or mixture, Tier II asks for (40 CFR 370.42):
- Chemical or product name and CAS number from the SDS, physical state, and whether it is an EHS (and which EHS components a mixture contains)
- The hazard categories from section 2 of the SDS
- Maximum amount on any single day and average daily amount, as EPA range codes
- Number of days on site, storage type (tank, drum, cylinder and so on), storage conditions, and storage locations
It also asks for facility identifiers (address, latitude and longitude, NAICS code, Dun & Bradstreet number), owner/operator and emergency contacts with a 24-hour phone number, and a certification signed by the owner/operator or an officially designated representative. Our requirements guide walks through every field and the range codes.
When and where to file
The report is due on or before March 1 each year and covers the previous calendar year (40 CFR 370.45). It goes to three places: the SERC, the LEPC and the fire department with jurisdiction (40 CFR 370.44). Most states run an online portal that delivers it to all three; others accept EPA's free Tier2 Submit file. Check your state on EPA's state requirements page. Texas, for example, requires filing in TCEQ's STEERS system (Texas guide).
Tier II and the related EPCRA reports
- Section 311 (SDS reporting): a one-time submission of SDSs or a chemical list within three months of first crossing a threshold, updated for new chemicals or significant new information (40 CFR 370.30–370.33).
- Section 302 (emergency planning notification): if an EHS is on site at or above its TPQ (see threshold planning quantity).
- Section 313 (TRI Form R): a separate July 1 report for certain industries (see TRI reporting).
What happens if you miss it
EPA's current maximum civil penalty for EPCRA section 312 violations is $71,545 per violation, and each day a violation continues can be a separate violation (40 CFR 19.4). Details are in our deadline and penalties guide.
Sources
- EPA, EPCRA Sections 311–312
- 40 CFR part 370 (eCFR)
- 40 CFR 19.4, civil penalty inflation adjustments
- EPA, Tier II Reporting Requirements by State
Related guides
Need it done for you?
We prepare Tier II reports for a fixed price
From $1,250 per facility (up to 30 chemicals), built in your state's system and ready for your official to certify before March 1. TRI Form R from $1,500.