Regulatory

Accurately answer each question in the ‘Regulatory’ section of the Tier II report.

The Regulatory section of the Tier II report collects additional information about a facility's status under other regulatory programs. If your facility's activities remain largely consistent year on year, the answers to these questions are unlikely to vary. Nevertheless, significant changes like a substantial production increase might mean your facility falls under additional regulatory programs.

Question-by-Question Guidance

Is this facility subject to Risk Management Plan (RMP) regulations?

RMP regulations, implemented under the Clean Air Act by the Environmental Protection Agency (EPA), mandate facilities dealing with certain hazardous chemicals above specified thresholds to devise and execute a risk management plan. The RMP aims to prevent and mitigate accidental releases of hazardous substances that may pose risks to public health and the environment.

If your facility is subject to RMP regulations, it will have an assigned RMP ID (see these instructions to identify it). This ID remains constant year after year. In this case, answer Yes to this question and input the RMP ID. If your facility does not possess an RMP ID and is not subject to RMP regulations, answer No.

Is this facility subject to Emergency Planning?

The Emergency Planning requirements, also known as EPCRA Section 302, apply to facilities that store, produce, or utilize Extremely Hazardous Chemicals (EHS) above Threshold Planning Quantities (TPQs). Section 302 applicability depends on whether a facility houses hazardous chemicals that surpass their respective TPQs. If a facility meets or exceeds the TPQ for any listed hazardous chemical, it becomes subject to emergency planning requirements.

If the aggregated amount of any EHS across all sources at a facility meets or exceeds the TPQ, answer Yes to this question.

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TIP: Encamp's platform automatically verifies your answer to this question, determining whether your facility is subject to emergency planning requirements based on the chemical inventory data you provide.

Is this facility subject to the Toxic Release Inventory (TRI) program?

The TRI program pertains to specific facilities in the U.S. that use, manufacture, process, or handle listed toxic chemicals. Such facilities, typically in sectors like manufacturing, mining, and electric utilities, must meet certain criteria concerning the amount of toxic chemicals used. If a facility exceeds the thresholds for any of the listed toxic chemicals during the reporting year, they must submit annual reports detailing their activities involving these chemicals. The TRI program enhances transparency by making this information publicly available, assisting in monitoring toxic chemical releases, and supporting pollution prevention efforts.

If your facility is subject to TRI regulations, it will have been assigned a TRI ID (use this tool to find it). This ID remains consistent year to year. Answer Yes to this question and enter the TRI ID.

If your facility does not have a TRI ID and is not subject to TRI regulations, answer No to this question.

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Last updated on June 15, 2023