Tier II chemical inventory information requires as estimate of the maximum number of occupants present at any one time at the facility (40 CFR370.42(f)). If a facility is given a maximum occupancy rating by a local official, should that rating be used when completing the Tier II chemical inventory form?
There is no requirement to use a local officials’ maximum occupancy rating when completing the maximum occupancy field on the Tier II form. Per 40 CFR 370.42(a), the owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier II submission is true, accurate, and complete.
Facilities such as convention centers, theaters, stadiums, or other large gathering places would already know the maximum number of occupants that may be present at any one time. Contractors, vendors, employees, and people that may be present for any training or other events should be included in the maximum number of occupants. This information is useful for state and local emergency planners and responders and for planning evacuations during an emergency.
Additional guidance for completing the Tier II form can be found in the EPCRA Instructions to the Tier II Emergency and Hazardous Chemical Inventory Form.