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  • SERC and LEPC determination of "need" for CBI

    In complying with a public request for Tier II information under Section 312(e)(3)(C), how is "need" determined? Guidelines for determining need to know are the responsibility of the local emergency planning committees and state emergency response commissions.

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  • How should locations be identified on Tier I/II forms?

    Tier I forms provide for listing the general location for all applicable chemicals in each hazard category, including the names and identifications of buildings, tank fields, lots, sheds, or other such areas. Tier II forms provide for reporting buildings, at a minimum, and allow facilities to describe briefly the location…

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  • How to determine if a facility exceeded the TPQ for an EHS

    How can a facility determine whether it has present an amount of an extremely hazardous substance (EHS) which equals or exceeds the threshold planning quantity (TPQ)? To determine whether the facility has an amount of an extremely hazardous substance which equals or exceeds the TPQ, the owner or operator must…

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  • Are manufacturers of household products exempt from reporting under 311 and 312?

    Is a facility that manufactures household products exempt from reporting under Sections 311 and 312 due to the household products exemption in Title III? Section 311(e) exempts from the definition of "hazardous chemical" any substance to the extent it is used for personal, family, or household purposes, or is present…

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  • Exemption for research laboratories and medical facilities under 311 and 312

    Are research laboratories and medical facilities exempt from reporting under Sections 311 and 312? Research laboratories and medical facilities are not exempt from reporting requirements under Sections 311 and 312, rather, Section 311(c)(4) of Title III excludes from the definition of hazardous chemical: "Any substance to the extent it is…

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  • Do facilities that submit lists have to file revised MSDSs?

    If a facility submits a list to comply with Section 311, does the facility have to supply a revised MSDS with significant new information or a new MSDS for substances that become present on-site after the initial reporting deadline and exceed the threshold within three months as required by Section…

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  • Filing trade secrecy claims internationally

    A chemical company has one operation in a foreign country and an identical operation in the U.S. For one chemical, they wish to file a trade secrecy claim under Sections 311 and 312. With regard to public disclosure, all non-government entities in the foreign country are bound by a confidentiality…

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  • TXT2, Regulated Identity, and Customer Numbers for Tier II reporting

    Where can a facility find their TXT2 Number, Regulated Entity Number, and Customer Number that may be needed to complete the EPCRA Section 312 Chemical Inventory Report (i.e., Tier II report)? TXT2 Numbers, Regulated Entity Numbers, and Customer Numbers are not federally designated or tracked. These number are designed by…

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  • Is the Section 311 requirement an annual or a one-time reporting requirement?

    Section 311 is a one-time reporting requirement unless there are any significant changes that affect the information that was already submitted.

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  • State acceptance of Tier2 Submit

    Does my state accept Tier2 Submit? To find out whether or not your state accepts Tier II submissions created by Tier2 Submit, review the information for your state on the State Tier II Reporting Requirements page .

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  • What is the 312 deadline if March 1 falls on a weekend?

    Under EPCRA §312, Tier II information for any calendar year must be submitted to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire department by March 1st of the following year. What if the March 1st reporting deadline falls on a Saturday or Sunday? Tier…

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  • Applicability of EPCRA 311 Exemptions To Extremely Hazardous Substances

    The definition of a hazardous chemical under EPCRA Section 311 outlines exempted chemicals that are therefore not subject to material safety data sheet (MSDS) reporting or Tier II chemical inventory reporting. Do the exemptions from the definition of hazardous chemical also apply to extremely hazardous substances (EHSs)? EHSs are a…

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  • Providing Tier II Location Information for Chemicals In Multiple Area

    Pursuant to EPCRA Section 312, facilities must submit Tier II inventory information by March 1st every year. As part of this information, facilities must provide a brief description of the precise location of the chemical so that emergency responders can easily locate the area. How should facilities that have the…

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  • Are farm suppliers and retailers exempt from 311 and 312?

    Would a farm supplier or retail distributor be excluded from Sections 311 and 312 reporting based on the agricultural exemptions? Under Section 311(e)(5), retailers are exempted from reporting requirements for fertilizers only. Therefore, substances sold as fertilizers would not need to be reported under Sections 311 and 312 by retail…

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  • Are automobile batteries at a wholesaler exempted from EPCRA 311 and 312?

    A facility sells automobile batteries wholesale. Are these batteries at the wholesaler's facility exempt from reporting under SARA Sections 311/312 due to the household product exemption under SARA section 311(e)(3)? Section 311(e)(3) exempts from the definition of hazardous chemical "(a)ny substance to the extent is used for personal, family, or…

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