Tier II: SARA Title III Facility Reporting

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Tier II Reporting Season has begun! Contact the BCREPC for more information and FREE compliance assistance in filing your Hazardous Chemical Emergency Report for Barnstable County or Nantucket: 508-375-6908

Tier II: Hazardous Materials Compliance in Barnstable County and Nantucket

TIER II FACILITY HAZMAT REPORTING HAS BEEN FEDERALLY MANDATED SINCE 1986:

Any facility, public or private, that has hazardous materials present at or above established EPA threshold amounts may potentially be subject to EPCRA, the Emergency Planning and Community Right-to-Know Act. EPCRA is one and the same with the federal law which requires this type of reporting: Title III of the Superfund Amendments and Reauthorization Act (SARA)of 1986, Section 312, Public Law 99-499, codified at 42 U.S.C. Section 11022.

WHAT IS THE PURPOSE OF TIER II REPORTING?

The purpose of a Tier Two Hazardous Chemical Inventory Report is to provide State and local officials and the public with specific information on hazardous chemicals present at your facility during the past year. This information is used by local Fire Departments in Barntsable County and Nantucket for personnel training, hazmat pre-planning and local/regional response to spills and releases. Tier II data is also used in mapping hazmat facilities and their distance to sensitive populations, such as schools and nursing homes. Tier II information is used to understand how safety training needs can be met in our region at no cost. Tier II data can save lives. The annual, upated and accurate information in a Tier II can help firefighters and hazmat technicians respond to your facility with the correct personal protective gear and spill response equipment, preventing injury or death. Tier II facility workers can also be better protected by this advanced preparation at their local Fire Departments; and they can also implement appropriate safety trainings to prevent accidents. Facility property can be potentially spared damage or destruction. Finally, Tier II data can result in the protection of our local environment, through proper spill prevention, mitigation and response to hazardous materials incidents.

WHO MUST SUBMIT A TIER II HAZARDOUS CHEMICAL REPORT?

Section 312 of SARA Title III requires that the owner or operator of a facility submit their Tier II Hazardous Chemical Report if so requested by a State emergency response commission, a local/regional emergency planning committee, or a fire department with jurisdiction over the facility.

This request may apply to the owner or operator of any facility that is required, under regulations implementing the Occupational Safety and Health Act of 1970, to prepare or have available a Material Safety Data Sheet (MSDS) for hazardous chemicals present at the facility.  MSDS requirements are specified in the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard, found in Title 29 of the Code of Federal Regulations at x1910.1200.

WHAT CHEMICALS ARE INCLUDED IN A TIER II?

In the simplest of terms, if you have any chemicals in your private/public work facility, and these chemicals are stored for any ONE DAY at a reporting threshold, they must be annually reported in your Tier II Hazardous Chemical Inventory Report. If you are submitting a Tier II Hazardous Chemical Inventory Report, you must provide the required information on your facility’s Tier II form for each hazardous chemical present at your facility in quantities equal to or greater than established reporting threshold amounts (*discussed below*), unless the chemicals are excluded under Section 311(e) of SARA Title III.  Hazardous chemicals are any substance for which your facility must maintain an MSDS under OSHA’s Hazard Communication Standard.

*REPORTING THRESHOLDS*

Minimum Tier II reporting thresholds have been established for Tier II reporting under SARA Title III, Section 312. These thresholds are as follows:

For Extremely Hazardous Substances (EHSs) designated under Section 302 of SARA Title III, the reporting threshold is 500 pounds (or 227 kg.) or the threshold planning quantity (TPQ), whichever is lower.

For All Other Hazardous Chemicals for which facilities are required to have or prepare an MSDS, the minimum reporting threshold is 10,000 pounds (or 4.540 kg.).

You need to report hazardous chemicals that were present at your facility at any time during the previous calendar year (e.g. a chemical stored and used for a special project for one day at your facility) at levels that equal or exceed reporting thresholds.

WHAT CHEMICALS ARE EXCLUDED?

Section 311(e) of SARA Title III excludes the following substances:

  • Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration:
  • Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use;
  • Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public;
  • Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual;
  • Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

OSHA regulations, Section 1910.1200(b), stipulate exemptions from the requirement to prepare to have available an MSDS.

WHEN DO I SUBMIT A TIER II REPORT?

Owners or operators of facilities that have hazardous chemicals on hand in quantities equal to or greater than set threshold levels must submit either Tier II Hazardous Chemical Inventory Report by March 1st every year.

WHERE DO I SUBMIT A TIER II REPORT?

Each year, the Tier II report software is updated by the EPA (Environmental Protection Agency) and made availalbe for download at the following website: http://www.epa.gov/osweroe1/content/epcra/tier2.htm

BEFORE SENDING IN A TIER II REPORT, please contact the BCREPC Tier II Program Coordinator at 508.375.6908, or Email: aalati@barnstablecounty.org to be sure you have included ALL federal, state and LOCAL REQUIREMENTS. Errors and ommissions can result in your report being returned to you for corrections/updates, costing you time in meeting the mandatory March 1st deadline. This report process can be complicated and you are strongly encouraged to make an appointment at Barnstable County Department of Health & Environment for reporting assistance and NO FEE.

Once your Tier II report has been proofread and accepted by the BCREPC Tier II Program Coordinator, please Email a copy of your report in a T2S format to each of the following organizations:

  1. Your State Emergency Response Commission at: Tier2@state.ma.us
  2. Your Barnstable County Regional Emergency Planning Committee at: aalati@barnstablecounty.org
  3. PRINT AND MAIL A PAPER COPY to the fire department with jurisdiction over your facility.

Please note:

  1. Sandwich Fire Department requests Tier II reports be Emailed to: jburke@townofsandwich.net
  2. Nantucket Fire Department requests Tier II reports be Emailed to: emaxwell@nantucketpolice.com

WHERE CAN I RECEIVE HELP IN THE TIER II REPORTING PROCESS?

Because the law of EPCRA is complex and has multiple reporting requirements, your Tier II Program Coordinator, Amy L. Alati, from the Barnstable County Department of Health & Environment, is available to help you determine your reporting requirements and assist you in the reporting process each year at NO FEE. This can save your municipal department or private facility hundreds of dollars each year in compliance assistance fees/charges! Your business or facility can receive help in navigating the new report filing format, new requirements each year, and attend annual Tier II workshops to answer all your EPCRA compliance questions. You can contact Amy L. Alati year-round with any hazardous materials question or concern at 508.375.6908 or Email: aalati@barnstablecounty.org

Mrs. Alati is the Chair of your local Hazardous Materials Identification Subcommittee. This subcommittee meets regularly and reports to the Barnstable County Regional Emergency Planning Committee (BCREPC) on issues of hazardous materials compliance, education, reporting assistance and contingency planning for municipal facilities and private businesses Cape-wide.

The BCREPC hopes you will take advantage of this valuable and time-saving resource!  Working with the Tier II Program Coordinator each year involves no fee in assisting you in assessing your hazmat compliance and safety concerns. The ultimate goal of this service is to empower our regional hazmat facilities to conduct their day-to-day business and operations in a safe, prepared and compliant environment.

Please Contact:

Amy L. Alati, MRP

Emergency Preparedness/EPCRA Compliance Coordinator

Telephone: (508) 375-6908

Monday – Friday 8:00 AM – 4:30 PM

E-mail: aalati@barnstablecounty.org

Barnstable Superior Court House Complex

P.O.   Box 427

3195 Main Street

Barnstable, MA  02630

ARE THEIR PENALTIES FOR NOT REPORTING MY FACILITY’S HAZARDOUS CHEMICALS UNDER EPCRA/SARA TITLE III?

Any owner or operator who violates any Tier II reporting requirements shall be liable to the United States for a civil penalty of up to $25,000 for each such violation.  Each day a violation continues shall constitute a separate violation. Please avoid this costly and negative outcome and contact the BCREPC for assistance!