A standard section on the federal Tier II form asks facilities about their status under other regulatory programs, and most states will ask for the same information on their submission forms. This article will explain what those programs are and how to determine if your facility is applicable.
Risk Management Program
Typical question: Is your facility subject to Chemical Accident Prevention under Section 112(r) of the Clean Air Act (40 CFR part 68)?
This section of the Clean Air Act is otherwise known as the Risk Management Program (RMP). This program requires facilities that store or use extremely hazardous substances to develop a RMP, which details the potential effects of a chemical accident, what steps the facility is taking to prevent an accident from occurring, and what the emergency response procedures are 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.
If you determine that your facility is subject to these regulations, you will likely be required to add your RMP ID (which is issued by the EPA) to the Tier II report.
Related: Differences between the risk management program and EPCRA
Typical question: Is your facility subject to Emergency planning under Section 302 of EPCRA (40 CFR part 355)?
Similar to the requirements detailing Tier II reporting (Section 312), Section 302 is a section under EPCRA. The primary purpose of Section 302 is to notify the state and local representatives of any Extremely Hazardous Substances (EHS) that are stored onsite in excess of the Threshold Planning Quantity (TPQ). The list of EHSs used to determine whether your facility is subject to these requirements is the same list referenced during Tier II reporting, which can be found here.
On your Tier II report, if you are reporting any EHSs in quantities over their respective TPQs, you must answer "Yes" to this question. Many portals will answer this question on your behalf based on the chemical information that you are reporting.
Related: Primary purpose of Section 302 notification requirements
Toxic Release Inventory
Typical question: What is your TRI facility ID?
Toxic Release Inventory (TRI) is addressed under Section 313 of EPCRA, and deals with releases of certain chemicals and pollution prevention activities by industrial and federal facilities. 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. For more information on TRI, check out EPA's website.
If you determine that your facility is subject to TRI, you will likely be required to add your TRI ID (which is issued by the EPA) to the Tier II report.
Last Modified: October 2022