States May Have More Stringent Tier II Reporting Requirements

Pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA) section 312, facilities meeting the general applicability requirements of 40 CFR 370.10 must submit Tier II inventory information by March 1st. Can states have more stringent requirements than the federal requirements? If so, how can I find out about the state requirements?

Yes, states can have more stringent applicability and reporting requirements. “States were always given the flexibility to implement the EPCRA program as necessary to meet the goals of EPCRA, which is to prepare for and respond to releases of EHSs and to provide the public with information on potential chemical risks in their communities. This flexibility includes adding more chemicals, setting lower reporting thresholds and creating a reporting form or format that includes more information than is required by the Federal reporting requirements.” (75 FR 39825, 39854; July 13, 2010). Facilities should contact their state for the specific requirements for that state.

Note, although states may have more stringent requirements than the federal program, a facility meeting the general applicability requirements must at least comply with the federal requirement to submit a hazardous chemical inventory form.

More information on State Tier II Reporting Requirements and Procedures is available.