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Completing Tier II Forms When Information Has Not Changed

Pursuant to 40 CFR 370.42(c) and (r), an owner or operator submitting federal EPCRA Tier II inventory information must indicate if the facility or chemical information is identical to that submitted last year. If the facility or chemical information is the same as last year, does the owner or operator need to complete the rest of the inventory information?

EPA previously evaluated various approaches to identifying unchanged information on the Tier II form and ways to lessen the reporting burden for these situations. However, EPA determined that with many states establishing electronic reporting or using the Tier2 Submit software, these options were unlikely to reduce the reporting burden for facilities in these situations. For example, a facility can import last year’s submission file to the Tier2 Submit software and make any appropriate changes as needed. Additionally, reporters may check the "Chemical information is the same as last year" checkbox on Chemical Inventory records and "Check if all facility information (not including chemical information) is identical to last year's submission" checkbox on Facilities records to indicate to the LEPC, SERC, and responders that this information has not changed since last year. The owner or operator filling out Tier II information should also check with the state for specific submission requirements.

For an owner or operator filling out the paper form, all applicable fields should be completed even if the information reported is identical to that submitted last year. The checkboxes indicating that information reported is identical to that submitted last year are meant to assist data processors at the SERC and LEPC when reviewing a submitted form. The owner or operator filling out the paper form should also check with the state for specific submission requirements. (July 13, 2010, guidance and interpretations 75 FR 39852, 39856).