Regulatory Questions Associated with Tier II

  • Updated

Several states ask if facilities are regulated under other regulatory programs like RMP, 302, etc. This article explains what those programs are and how to determine if your facility is applicable.

  • Risk Management Program (RMP) - most, if not all states will ask if the facility is subject to Chemical Accident Prevention under Section 112(r) of CAA which the Risk Management Program. This program requires facilities that store or use extremely hazardous substances to develop a RMP. The RMP details the potential effects of a chemical accident, what steps the facility is taking to prevent an accident from occurring, and what are the emergency response procedures should an accident take place. The list of regulated substances and their thresholds can be found here. If you store or use any of these chemicals in excess of the threshold, you are likely subject to RMP regulations. Find out more on EPA's website
  • Emergency Planning (Section 302) - This question can be found on Tier II reports as well, normally in the same section as the RMP question. Section 302 is a part of EPCRA. The primary purpose of Section 302 is to notify the state and local representatives of any EHSs that are stored and used onsite in excess of the Threshold Planning Quantity. This is the same EHS list that Tier II references. You can find that list here
  • Toxic Release Inventory (TRI) - This question shows up on Tier II reports as well. This is another part of EPCRA, section 313. To determine if you are required to complete TRI, ask these 3 questions regarding your facility:
    • Is the facility in a TRI-covered industry sector? (see that list here)
    • Does the facility employ the equivalent of 10 or more full-time staff? 
    • Does the facility manufacture, process, or otherwise use a TRI-covered chemical in quantities above the reporting threshold? (See the chemical list here)
    EPA published a Threshold Screening Tool to help facilities determine whether or not they need to report. You can find that tool here. For more information on TRI, check out EPA's website

 

Last Modified: 11/9/20

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