Tier 2 Reporting Update Reply

Tier 2 reports for reporting year 2011 are due by March 1, 2012.  Facilities covered by Emergency Planning and Community Right-to-Know Act Section 312 Hazardous Chemical Inventory Reporting (i.e., Tier 2 reporting) must submit a Tier 2 form to the Local Emergency Planning Committee (LEPC), the State Emergency Response Commission (SERC), and the local fire department annually.

Facility site plans are not required in Massachusetts, but are encouraged by the state and local agencies.  Site plans are required to be submitted with the Tier 2 form in New Hampshire and Rhode Island.

Transportation information including carrier name, the carrier’s emergency contact phone number, as well as routes and frequency of shipment were required on Tier 2 report in Massachusetts starting for reporting year 2010.  The SERC (the Massachusetts Emergency Management Agency) recently released guidance for 2011 Tier 2 reporting.  The guidance clarifies that transportation information is only required for Extremely Hazardous Substances.  http://www.mass.gov/eopss/home-sec-emerg-resp/emergency-info/haz-mat/serc/guidance-to-massachusetts-tier-ii-reporting-entities.pdf

Environmental Protection Agency (EPA) staff in the Spill Prevention Control and Countermeasures (SPCC) program will be reviewing Tier 2 reports.  If a facility has reported oil on the Tier 2 report in an amount that exceeds the threshold required for SPCC, the EPA will be inspecting your facility to ensure that there is an SPCC Plan in place, if it’s required.

Facilities should prepare the 2011 Tier 2 report using the Tier2Submit2011 software.  The zip file should be emailed to the SERC. The SERC urges facilities to properly name their t2s or zip file.  For example, the tier 2 file for Capaccio Environmental Engineering would be labeled CapaccioEnvironmentalEngineering2011Tier2.t2s.  If the facility has multiple locations within the state, name each file name with the facility’s city.  For example, CapaccioEnvironmental-Marlborough2011Tier2.t2s

Contact your LEPC and local fire department to determine whether to submit the 2011 Tier 2 report via email or CD, or paper. As always, early reporting is encouraged.  The majority of submissions are received during the last two weeks of February.  In past years, the SERC has had issues with processing last minute submissions due to the large volume of submissions at the last minute.  CAPACCIO recommends that facilities submit before the last week of February to ensure submissions are processed on time.

Please contact Linda Swift at 508.970.0033 ext. 119 or  lswift@capaccio.com with any questions you may have regarding Tier 2 reporting.

EPA Proposes Changes to EPCRA Section 312 Tier I and Tier II Forms Reply

On August 8, 2011, the Environmental Protection Agency (EPA) published a proposed rule that suggests changes to the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 312 (Tier I and Tier II) reports (40 CFR 370).  The proposed regulations include additions and revisions to the Tier I and Tier II forms so the forms can be more useful to state and local agencies and better inform the public on the chemical hazards in their communities. Although the proposed regulations refer to Tier I and Tier II forms, most state and local authorities only require a Tier II form from facilities that trip reporting thresholds.

EPA proposes to add the following to Tier I and Tier II forms:

  • Add entries for the facility’s identification number under EPCRA 313 (Toxic Chemical Release Inventory – Form R reporting) and Clean Air Act Risk Management Programs, if applicable.
  • Add an entry for the number of occupants at the facility.
  • Add entries for the facility’s parent company name, address, and phone as well as the company’s Dun and Bradstreet number.
  • Add entries for name and contact information of the facility representative required under EPCRA Section 303.
  • Add entries for name, title, and phone number of the person knowledgeable or responsible for completing the information on the Tier II form.
  • Add an entry to indicate whether the facility is also subject to Extremely Hazardous Substance (EHS) notification requirements under EPCRA Section 302.

EPA is also proposing to revise the following existing entries currently on the Tier II form:

  • Revise the current range codes for maximum and daily average amounts of hazardous chemicals to narrower codes than the existing codes to be more useful to Local Emergency Planning Committees (LEPCs) for effective emergency response planning.
  • Revise the reporting of chemicals (i.e., pure chemicals versus mixtures) to make it more user friendly for state and local authorities by providing separate entries for pure chemicals and mixtures.
  • Revise the form to allow for description of the types of storage and storage conditions rather than using codes.

EPA is soliciting comments on the proposed rule until October 7, 2011.

Please contact Linda Swift at 508.970.0033 ext. 119 or lswift@capaccio.com with any questions you may have regarding these proposed changes to EPCRA 312 reporting.