Confidential Storage Location Information
Learn more about reporting confidential chemical storage location information.
The Emergency Planning and Community Right-to-Know Act (EPCRA) requires facilities that store hazardous chemicals above threshold quantities to submit annual inventory reports known as Tier II reports. These reports help emergency responders and planners prepare for and respond to chemical emergencies.
Facilities can claim the location information for chemicals reported on the Tier II form as confidential. To do so, they should:
- On the Tier II form submitted to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire department, check the "Storage locations are confidential" box in the Storage Locations section. This omits the location information from the Tier II form.
- Submit a separate Confidential Location Information Form to the SERC, LEPC, and fire department. This form contains the actual storage locations and is not made publicly available.
The Confidential Location Information Form allows emergency planners and responders to have access to the location information for emergency preparedness and response, while keeping it confidential from public disclosure.
Some key points on confidential location information:
- It is not protected under EPCRA's trade secrecy provisions. The duty to protect confidential location information rests with state and local officials.
- Penalties for failing to protect confidentiality may be provided under state or local laws. EPCRA itself does not contain penalties.
- The information should not be submitted to EPA, only to state and local authorities.
- Some states may allow submitting the form as an attachment in Tier2 Submit rather than a separate submission.
Properly claiming confidential location information allows facilities to fulfill their EPCRA reporting obligations while protecting sensitive business information. Following state and local requirements is key.
Last updated on September 20, 2023