Facilities subject to EPCRA Section 312 (40 CFR 370) must submit a Tier II inventory form annually to the state emergency response commission (SERC), local emergency planning committee (LEPC), and local fire department. Are facilities that are not subject to the Tier II reporting requirements (e.g., all hazardous chemicals are below threshold amounts) required to submit anything to the SERC, LEPC, and local fire department?
There is no negative reporting requirement, or the need to declare that a facility is not subject to Tier II reporting, under the federal EPA regulations. However, states may have a negative reporting requirement or lower reporting thresholds and additional chemicals covered by the state right-to-know regulations. Additionally, facilities may wish to voluntarily report information for hazardous chemicals below threshold amounts or not otherwise subject to the federal reporting requirements. The Tier II form provides an optional field for reporting additional information. The owner or operator completing the form should check the appropriate box and follow the same procedures for reporting hazardous chemicals subject to reporting.
Facilities should contact the appropriate SERC for any specific requirements for that state.
Useful links include: