EPCRA Tier II Reporting: Does it Apply to Your Facility?

EPCRA is a complicated and sometimes confusing process. Be sure that you are following the correct steps when reporting.

The Emergency Planning and Community Right-to-Know Act (EPCRA) was passed by Congress in response to concerns regarding the environmental and safety hazards posed by the storage and handling of toxic chemicals.

To reduce the likelihood of toxic chemical disasters in the US, Congress imposed requirements for federal, state and local governments, tribes, and for industry. These requirements cover emergency planning and community right-to-know reporting on hazardous and toxic chemicals. The community right-to-know provisions help increase the public's knowledge and access to information on chemicals at individual facilities, their uses, and releases into the environment. States and communities working with facilities can use the information to improve chemical safety and protect public health and the environment.

EPCRA's objectives are to:

• Allow state and local planning for chemical emergencies,
• Provide for notification of emergency releases of chemicals
• Address communities' right-to-know about toxic and hazardous chemicals.

Key EPCRA provisions, as they apply to NHADA members, include:

Facilities that maintain Extremely Hazardous Substances (EHS) on-site in quantities greater than corresponding threshold planning quantities must participate in emergency plan preparation. See chart below.

If EPCRA applies to your facility the major responsibility, Tier II, notifies local authorities of the hazardous chemicals on site at your facility. The Tier II form, which can be filed electronically here must be submitted annually. The deadline to submit the Tier II form is March 1. Even though Tier II is an obligation mandated by the EPA, reporting is done on the local and state level.

Facilities must make MSDSs/SDSs available to state and local officials and fire departments if they store any of these designated "hazardous chemicals" under the community right-to-know requirements.

Certain facilities must complete and submit a toxic chemical release inventory (TRI) form (Form R) annually. Form R has to be submitted for any chemicals above the applicable threshold quantities.

EPCRA is a complicated, multilayered, public safety regulation. If you believe the rule applies to you or you have received notification from a local authority, contact Dan Bennett by email at dbennett@nhada.com or Pat Austin by email at paustin@nhada.com. Alternatively you can reach either Dan or Pat by telephone at 800-852-3372.