Tier II Reporting Information

Tier II Hazardous Chemical Emergency Reporting has been federally mandated since 1986. Any facility, public or private, that has hazardous materials present at or above established EPA threshold amounts may potentially be subject to EPCRA, the Emergency Planning and Community Right-to-Know Act. EPCRA is one and the same with the federal law which requires this type of reporting: Title III of the Superfund Amendments and Reauthorization Act (SARA)of 1986, Section 312, Public Law 99-499, codified at 42 U.S.C. Section 11022.

The following sections provide information on Tier II Reporting. For additional information or assistance, please visit the U.S. EPA Tier II Forms and Instructions or contact the Hanover Fire Department Fire Prevention Division.

What is the Purpose of Tier II Reporting?

The purpose of a Tier II Hazardous Chemical Inventory Report is to provide state and local officials and the public with specific information on hazardous chemicals present at your facility during the past year. The Hanover Fire Department uses this information for personnel training, hazmat pre-planning, and local/regional response to spills and releases. Tier II data is also used in mapping hazmat facilities and their distance to sensitive populations, such as schools and nursing homes. Tier II information is used to understand how safety training needs can be met in our region at no cost. Tier II data can save lives. The annual updated and accurate information in Tier II can help firefighters and hazmat technicians respond to your facility with the correct personal protective gear and spill response equipment, preventing injury or death. Tier II facility workers can also be better protected by this advanced preparation at their local fire departments and they can also implement appropriate safety training to prevent accidents. Facility property can potentially be spared from damage or destruction. Finally, Tier II data can result in the protection of our local environment through proper spill prevention, mitigation, and response to hazardous materials incidents.

Who Must Submit a Tier II Report?

Section 312 of SARA Title III requires that the owner or operator of a facility submit their Tier II Hazardous Chemical Report if so requested by a state emergency response commission, a local/regional emergency planning committee, or a fire department with jurisdiction over the facility.

This request may apply to the owner or operator of any facility that is required, under regulations implementing the Occupational Safety and Health Act of 1970, to prepare or have available a Material Safety Data Sheet (MSDS) for hazardous chemicals present at the facility. MSDS requirements are specified in the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard, found in Title 29 of the Code of Federal Regulations at x1910.1200.

What Chemicals are Included in Tier II?

In the simplest of terms, if you have any chemicals in your private/public work facility, and these chemicals are stored for any one day at a reporting threshold, they must be annually reported in your Tier II Hazardous Chemical Inventory Report. If you are submitting a Tier II Hazardous Chemical Inventory Report, you must provide the required information on your facility’s Tier II form for each hazardous chemical present at your facility in quantities equal to or greater than established reporting threshold amounts (discussed below), unless the chemicals are excluded under Section 311(e) of SARA Title III. Hazardous chemicals are any substance for which your facility must maintain an MSDS under OSHA’s Hazard Communication Standard.

Reporting Thresholds

Minimum Tier II reporting thresholds have been established for Tier II reporting under SARA Title III, Section 312. These thresholds are as follows:

  • For Extremely Hazardous Substances (EHSs) designated under Section 302 of SARA Title III, the reporting threshold is 500 pounds (or 227 kg.) or the threshold planning quantity (TPQ), whichever is lower.
  • For all Other Hazardous Chemicals for which facilities are required to have or prepare an MSDS, the minimum reporting threshold is 10,000 pounds (or 4.540 kg.).
  • You need to report hazardous chemicals that were present at your facility at any time during the previous calendar year (e.g., a chemical stored and used for a special project for one day at your facility) at levels that equal or exceed reporting thresholds.

What Chemicals Are Excluded in Tier II?

Section 311(e) of SARA Title III excludes the following substances:

  • Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration:
  • Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use;
  • Any substance to the extent it is used for personal, family, or household purposes or is present in the same form and concentration as a product packaged for distribution and use by the general public;
  • Any substance to the extent it is used in a research laboratory, a hospital, or other medical facility under the direct supervision of a technically qualified individual;

  • Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

OSHA regulations, Section 1910.1200(b), stipulate exemptions from the requirement to prepare to have available an MSDS.

When Do I submit a Tier II Report?

Owners or operators of facilities that have hazardous chemicals on hand in quantities equal to or greater than set threshold levels must submit either Tier II Hazardous Chemical Inventory Report by March 1st of every calendar year.

Where Do I submit a Tier II Report?

The Environmental Protection Agency updates the Tier II report software each year and makes it available for download.

  • Massachusetts State Emergency Response Commission at tier2@state.ma.us.
  • Hanover Local Emergency Planning Committee at hfdadm@hanover-ma.gov.
  • Print and mail a paper copy to the fire department with jurisdiction over your facility.

Are There Penalties For Not Reporting My Facility’s Hazardous Chemicals Under EPCRA/SERA Title III?

Any owner or operator who violates any Tier II reporting requirements shall be liable to the United States for a civil penalty of up to $25,000 for each such violation. Each day a violation continues shall constitute a separate violation.