Tier II - Emergency and Hazardous Chemical Inventory FAQs

Who must comply with this reporting requirement?

Under EPCRA Section 312, facilities and businesses are required to report inventories of substances or products that meet or exceed reporting thresholds.  They must submit a Tier II Emergency and Hazardous Chemical Inventory report by March 1st of each year for the inventory of hazardous substances or chemicals stored on site during the previous calendar year.   

• The calendar year for the reporting period.
• An indication whether the information being reported on page one of the form is identical to that submitted last year.
• The complete name and address of the location of your facility (include the full street address or state road, city, county, state and zip code), latitude and longitude.
• An indication if the location of your facility is manned or unmanned.
• An estimate of the maximum number of occupants present at any one time.  If the location of your facility is unmanned, check the box marked N/A, not applicable.
• The North American Industry Classification System (NAICS) code for your facility.
• The Dun & Bradstreet number of your facility.
• Facility identification numbers assigned under the Toxic Release Inventory (TRI) and Risk Management Program.  If your facility has not been assigned an id number under these programs or if your facility is not subject to reporting under these programs, check the box marked N/A, not applicable.
• An indication whether your facility is subject to the chemical accident prevention requirements under Section 112(r) of the Clean Air Act (CAA), codified in 40 CFR part 68, Chemical Accident Prevention Provisions, also known as the Risk Management Program.
• The name, mailing address, phone number and email address of the owner or operator of the facility.
• The name, mailing address, phone number, Dun & Bradstreet number and email address of the facility's parent company. These are optional data elements.
• The name, title, phone number, 24-hour phone number and email address of the facility emergency coordinator, if applicable.
• The owner's or operator's full name, mailing address and phone number.
• Emergency contact and phone numbers of at least one local individual or office that can act as a referral if emergency responders need assistance in responding to a chemical accident at facility.  Also an emergency phone number where such emergency information will be available 24 hours a day. 
• An indication whether the information being reported is identical to that submitted the previous year.  

What are some typical reporting examples?  (Source:  EPA, Region 1)

• Most pesticides contain EHSs and have Tier II reporting thresholds from 1-10,000 lbs.
• If you store more than 1,562 gallons of heating oil, you have exceeded the reporting threshold.
• A walk-in cooler or refrigeration system with more than 500 lbs of ammonia requires reporting.
• A facility with 500 lbs of nitric or sulfuric acid must report.
• If you use 100 lbs of hydrofluoric acid (hydrogen fluoride) you must report.
• If you alter (cut, weld, grind, braze) more than 10,000 lbs of metal stock, your facility must report.
• If you sell or service industrial batteries that contain sulfuric acid, you may have to report.
• Contractors may have a reporting responsibility for construction materials on site.
• Owners, operators or renters of warehouses may have to report.
• Bleaching/cleaning solutions containing sodium hypochlorite are reportable.
• If you have a total of 10,000 lbs (2,500 gallons) of propane for heating or distribution, you must report.

What is the reporting threshold for gasoline and diesel fuel at retail gas stations that store their product entirely underground and are in full compliance with underground storage tank requirements?

Refer to EPA Amendments to Hazardous Chemical Reporting Thresholds for Gasoline and Diesel Fuel at Retail Gas Stations, Final Rule, 64 CFR 7031 (PDF) that raised the reporting threshold for gasoline to 75,000 gallons and diesel fuel to 100,000 gallons at retail gas stations that store their product entirely underground and are in full compliance with the Underground Storage Tank requirements. 

Is a state facility exempt from Tier II reporting requirements?

State facilities are not exempt from the Connecticut General Statutes Sections 22a-609 and 22a-610 reporting requirements nor from Conn-OSHA standards and implementing regulations.  The federal law, EPCRA Sections 311 and 312 apply to owners and operators of facilities who must prepare or make available MSDS under the federal OSHA and its implementing regulations.  The federal OSHA applies to "employers" and states are excluded from the federal definition of "employers."    The federal and state reporting requirements establish ground rules for submitting information about the presence of hazardous chemicals in the communities.  The federal law does not preempt existing state or local laws.  CONN-OSHA administers the states' occupational safety program in lieu of the federal government's OSHA program. 

What are the requirements for Lead Acid Battery Reporting Under EPCRA?

OSHA determined that lead acid batteries are hazardous chemicals under the OSHA definition since there are chemical and physical hazards associated with them.  Lead acid batteries have the potential to emit hydrogen gas which, upon ignition, may result in a fire or explosion.  Furthermore, OSHA’s Directive on Inspection Procedures for the Hazardous Communication Standard state that lead acid batteries do not fall under the article exemption because they have the potential to leak, spill, or break during normal conditions of use, including foreseeable emergencies.  For more guidance regarding mixture, or non-EHS chemicals, review the EPA issued guidance Lead Acid Battery Reporting Guidance under EPCRA Sections 311 and 312.

What are the reporting requirements for hazardous chemical exemption for solids?

Refer to the EPA interpretation (PDF).  

When is the Tier II Report due? 

Tier II reports are due on or before March 1.

Who do I submit a Tier II Report to?

Tier II reports must be submitted to the SERC via the software identified below. 

You must submit Tier II information to the LEPC and the fire department who has jurisdiction over your facility.   

Please be aware that towns have various practices for collecting Tier II information.  The facility owner or operator should contact the LEPC chairperson (if there is one appointed) and Fire Department for the town's specific submission requirements.  If a town LEPC belongs to a regional LEPC  (PDF) (note regions may have various roles depending upon the region needs) the submitter should first contact the town LEPC to verify who (region or local LEPC or fire department) is accepting the Tier II form. 

Who requires the submission of locations of hazardous chemicals or site plan with the Tier II form?

DEEP, in its role as SERC and EPCRA administrator, requires a description of the precise locations of the hazardous chemicals at your facility, including a site plan.  You may upload the site plan into the reporting system. 

Is there specific software designed for entering facility information on the Tier II form?

Yes, the Connecticut State Emergency Response Commission and the Department of Energy and Environmental Protection will be using the free Hazconnect® Tier II Manager system to manage EPCRA Tier II chemical inventory reports due March 1, 2023 and going forward. 

To use the Hazconnect® Tier II Manager platform please register for a system user account.  This enables CT DEEP/SERC to link your facility's account data to your user account so that you can work from your existing information when submitting your next report.  Here's how:

1. Sign up as a User at this link: https://connecticut.hazconnect.com/Account/Login.aspx

2. Click on the REGISTER button in the middle of the page.

3. Choose Reporting Facility/Business User then click Next.

4. Enter your information. Please be sure you enter information in the “Facility Details” text box at the bottom of the screen to inform CT DEEP of facility reports you have submitted in the past. Using this information CT DEEP will link the previous year’s report for that facility to your new user account so you can start with data pre-populated.

5. Once your User account is approved, you will receive a notification and then you can begin submitting the next year’s report. If you don’t see previously submitted reports in your account, please contact us at DEEP.CTEPCRA@ct.gov.

 

I used Tier2 Submit software last year to report my facility's Tier II  information.  Will my facility information be in Hazconnect Tier II Manager?

Yes, generally. If you have a new username since the last report filed, simply email DEEP.CTEPCRA@ct.gov and we will associate your username with your facility. The information will pre-populate your form when you begin submitting for the new reporting year. 

Resource Links

Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard   

Emergency Planning and Community Right to Know CT Business and Facility Required Reporting Guidance (PDF)

Definition of hazardous chemical under the OSHA regulations found at 29 CFR 1910.1200(c). 

Extremely Hazardous Substances (refer to the Final Rule, Appendix A and B).

Guidance on Reporting Options for EPCRA Sections 311 and 312 and Interpretations (PDF).

EPCRA website:

https://www.epa.gov/epcra

EPCRA Quick Reference Fact Sheet

https://www.epa.gov/sites/production/files/2020-10/documents/epcra_quick_reference_fact_sheet.pdf

Guide to EPCRA

https://www.epa.gov/sites/production/files/2020-10/documents/guide_to_epcra.pdf

Contact Information  

Questions about EPCRA?  Contact the TRI, EPCRA, RMP & Oil Information Center: 1-800-424-9346

For New England facilities, you can also contact Len Wallace, Wallace.Len@epa.gov, EPA Region 1, 617-918-1835 or Janet Bowen, bowen.janet@epa.gov, EPA Region 1, 617-918-1795.

For Connecticut-specific questions, you may contact DEEP.CTEPCRA@ct.gov

This overview is designed to provide basic information regarding the law and regulations.  Please note that the definitions used in this guidance are found in regulation. It is the responsibility of the facility owner or operator to obtain and comply with all reporting requirements. Note: SERC/DEEP/EPA Information Specialists staff do not provide regulatory interpretations.  They do, however maintain up-to-date information on the availability and distribution of publications and other resources pertaining to EPCRA programs.