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  • Inspections of facilities with chemicals present below TPQ

    Section 312(f) of the Emergency Planning and Community Right-to-Know Act (EPCRA) states that "upon request to an owner or operator of a facility which files an inventory form under this section by the fire department with jurisdiction over the facility, the owner or operator of the facility shall allow the…

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  • Tier II Negative Reporting

    Facilities subject to EPCRA Section 312 ( 40 CFR 370 ) must submit a Tier II inventory form annually to the state emergency response commission (SERC), local emergency planning committee (LEPC), and local fire department. Are facilities that are not subject to the Tier II reporting requirements (e.g., all hazardous…

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  • Substantiation Form Requirements for Tier II Trade Secret Reporting

    To file a claim of trade secrecy for the identity of a chemical under 40 CFR Part 350 , a covered facility is required to submit a substantiation form to justify the claim of trade secrecy and the Tier II report for that chemical to EPA. In a given reporting…

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  • Change of ownership and responsibility for Tier II reporting

    A facility changed ownership during the third quarter of the 1990 calendar year. Which owner/operator is responsible for the submission of Section 312 Tier II form for the calendar year 1990? Both owners and operators have responsibility for reporting under Section 312 of the Emergency Planning and Community Right-to-Know Act…

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  • Are there Tier II deadline extensions?

    Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) requires covered facilities to submit a Tier II form to their State or Tribal Emergency Response Commission (SERC or TERC), Local or Tribal Emergency Planning Committee (LEPC or TEPC), and local fire department on March 1st of every year…

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  • Reporting responsibility for hazardous chemicals brought on-site by contractors

    A construction company is contracted by a manufacturing company to perform work at the manufacturer's site. The construction company brings hazardous chemicals onto the site to perform its construction activities. During normal conditions of use as well as in foreseeable emergencies, only employees of the construction company will be exposed…

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  • Reporting to an on-site fire department

    Sections 311 and 312 apply to owners or operators of any facility that is required to prepare or have available a material safety data sheet (MSDS) for an OSHA-defined hazardous chemical present at the facility at any one time in amounts equal to or greater than established thresholds. If a…

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  • Is there a time period that constitutes "present at the facility?"

    A facility owner/operator makes a specialty chemical by first producing one chemical- the reaction intermediate and then injecting chlorine into the reaction vessel to start the final reaction for the final product. The facility runs these batches 3-4 times a year. The reaction intermediate is present over 10,000 pounds on…

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  • Threshold determinations when there is no weight indicated on MSDS

    If the Material Safety Data Sheet (MSDS) and label for a particular liquid hazardous chemical does not indicate the weight of the substance, how should the facility owner or operator make threshold and applicability determinations for EPCRA §312 (Tier II) Reporting? If a liquid is not labeled in pounds, its…

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  • Federal recordkeeping requirements under EPCRA §§311 and 312

    Facilities subject to EPCRA §§311 and 312 must submit a material safety data sheet (MSDS) and an inventory form annually to the state emergency response commission (SERC), local emergency planning committee (LEPC), and local fire department. Are there federal recordkeeping requirements for facilities subject to EPCRA §§311 and 312? There…

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  • Are chemicals used at nursing home exempted under medical facility exemption?

    Are chemicals used at nursing homes exempt from reporting under Sections 311/312 due to the medical facility exemption under Section 311(e)(4)? While a nursing home is treated like any other medical facility for Section 311/312 purposes, Section 311(e)(4) does not exempt a medical facility from all Section 311/312 reporting. Section…

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  • How are the activities of "farm cooperatives" interpreted for reporting purposes?

    Farm cooperatives would be subject to Sections 311 and 312 reporting requirements.

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  • What are the differences between Tier I and Tier II forms?

    The reporting under Section 312 is in two tiers, Tier I and Tier II. What are the general differences between the two forms? Section 312 includes a two tier approach. Tier I requires information (such as maximum amount of hazardous chemicals at the facility during the preceding year, an estimate…

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  • Trouble importing previous Tier2 Submit data

    I’m having trouble importing previous Tier2 Submit data into the current version of Tier2 Submit; what should I do? It is possible that the file has been corrupted or that the format is incompatible with the Tier2 Submit software. Note that Tier2 Submit can only import files that were made…

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  • No Supplier Notification Requirements for Tier II Chemical Inventory Reporting

    Under EPCRA Section 313, suppliers are required to notify customers that their mixtures or trade name products contain a TRI chemical. Are there similar supplier notification requirements for Tier II chemical inventory reporting under EPCRA Section 312? There is no supplier notification requirement for Tier II chemical inventory reporting. However…

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