40 CFR Part 370 – Hazardous Chemical Reporting: Community Right-To-Know Tier II Reporting

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Tier II reporting is required under Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) to provide State, local officials, and the public with important information on the hazardous chemicals in their communities. Reporting raises community awareness of chemical hazards and aids in the development of State and local emergency response plans.

Who Has to Report?

Tier II Reporting is required if the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HCS) requires your facility to prepare or have available a Safety Data Sheet (SDS) for a hazardous chemical that is stored at any one time in an amount equal to or greater than the thresholds (see thresholds).

Threshold Levels for Hazardous Chemicals:

  • Extremely Hazardous Substances (EHS) have a threshold level of greater than or equal to 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower.
  • Gasoline at a retail gas station has a threshold level of greater than or equal to 75,000 gallons (all grades combined).
  • Diesel fuel at a retail gas station has a threshold level of greater than or equal to 100,000 gallons (all grades combined).
  • For all other hazardous chemicals, the threshold level is 10,000 pounds.

Where is the Inventory Information Submitted?

The Tier II reports must be submitted through E-Plan; however, this may vary depending on your facility’s location. You may also have to submit your information to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and fire department with jurisdiction over your facility.

When are Tier II Reports Due?

Inventory Information must be submitted on or before March 1st for chemicals stored during the previous calendar year.

For questions about submission requirements, contact Environmental Compliance & Safety at: