AZSERC | Summary of EPA Rule on Tier II

Environmental Protection Agency (EPA) 
40 CFR Part 370 [EPA–HQ–SFUND–2010–0763; FRL–9674–1] RIN 2050–AG64
Hazardous Chemical Reporting: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

Summary of Rule

This final rule revises the Tier I and Tier II inventory forms by adding some mandatory data elements and some optional data elements in the facility identification and contact information sections of both forms. This final rule is also revising some existing data elements in the chemical reporting section of the Tier II inventory form. Specifically:

  • EPA proposed to add the facility phone number, latitude and longitude, number of full-time employees, and the facility identification numbers assigned under the toxic release inventory (TRI) program and the risk management program. This final rule is requiring facilities to report the latitude and longitude and the identification numbers assigned under TRI and the risk management program. Also, the Tier I and II inventory forms will require facilities to indicate if the location where the hazardous chemicals are stored is manned or unmanned. In addition, instead of requiring facilities to report the number of full-time employees, EPA is requiring facilities to report the maximum number of occupants that may be present at the facility at any one time. Finally, EPA decided not to require the facility phone number on the Tier I and Tier II inventory forms, but will include it as an optional data element on the revised inventory forms.
  • EPA proposed to add contact information for the facility’s parent company, facility emergency coordinator and contact information for the contents of the Tier I and Tier II inventory forms. In addition, EPA proposed to add the email addresses for the owner or operator of the facility and the emergency contact(s). This final rule is requiring facilities to provide contact information for the facility emergency coordinator, Tier I and Tier II contact information, as well as the email addresses of the owner or operator and emergency contact(s). In addition, facilities are required to provide facility emergency coordinator contact information for facilities subject to EPCRA section 302. However, after reviewing the comments, EPA decided not to require the parent company contact information on the Tier I and Tier II forms, but will include it as an optional data element on the revised inventory forms.
  • This final rule is adding separate data fields for reporting pure chemical and mixtures in the chemical reporting section of the Tier II inventory form, as proposed. In addition, this final rule requires facilities to provide a description for the storage types and conditions rather than reporting codes, as proposed.

Finally, as suggested by some commenter’s, this final rule revises the Tier II inventory form for facilities to report any additional State or local reporting requirements or to voluntarily report hazardous chemicals below the reporting thresholds (Arizona allows for reporting below thresholds).

How does this apply to Arizona? 

The AZERC Tier II Portal gives Arizona businesses a way to be in compliance with this Federal EPA rule by offering the following: 

Online Tier II inventory form that includes:

  • Chemical Code
  • Maximum and Daily amounts
  • Description for the storage types and conditions
  • Allows for reporting State or local reporting requirements or to voluntarily report hazardous chemicals below the reporting thresholds