Tier II Reporting

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Tier II reporting plays a critical role in protecting workers, first responders, and surrounding communities by ensuring facilities disclose the hazardous chemicals they store or use. Under the Emergency Planning and Community Right‑to‑Know Act (EPCRA) Section 312, most facilities that maintain safety data sheets (SDSs) for hazardous chemicals must submit annual inventory reports detailing the types, amounts, and locations of those chemicals. This helps state and local officials — as well as fire departments — understand potential risks on-site and prepare for emergencies more effectively. 

J. J. Keller® SAFETY MANAGEMENT SUITE simplifies compliance by providing expert how-to guidance and helping you identify chemicals subject to Tier II reporting, track chemicals exceeding the reporting thresholds, and generate required information to support annual reporting. 

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  • Easily track accumulation and set reminders for movement and disposal

  • Gain a clear understanding of the requirements

    Access easy-to-understand compliance explanations, fact files, how-to guides and more to help you get a firm grasp of your regulatory responsibilities.

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  • Develop written safety plans in record time

  • Compare state vs. state and federal vs. state regulations

    Get an at-a-glance look at state-level Tier II requirements and see how state rules differ from federal.

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  • Access easy-to-understand compliance resources

  • Generate Tier II reporting information

    Using your facility information, contacts and chemical data, generate information for annual March 1 Tier II reporting requirements.

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  • Ask our experts your compliance questions

    Stumped by a Tier II or other environmental or safety issue? Get direct access to our trusted experts who will address your compliance question.

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Frequently asked questions about Tier II Reporting

Under 40 CFR 370, a facility owner or operator is required to submit a Tier II report by March 1 annually if:

  • The owner or operator is required to prepare or have available a safety data sheet or material safety data sheet for a hazardous chemical under OSHA 29 CFR 1910.1200, Hazard Communication; and
  • That hazardous chemical is not exempted by EPA 40 CFR 370.13 or OSHA 29 CFR 1910.1200(b)(6); and
  • That hazardous chemical is present at any one time at or above its threshold level during the previous year.

States and local authorities may be more stringent, however.

The hazardous chemical must be present at your facility “at any one time” at or above the threshold level during the previous year. That means present at any moment in time. Since no time period is specified for "present at the facility," it is implied that if the substance is present at any one time during the year above the threshold, it is reportable. 

Yes, if a threshold is met. The exemption at EPA 40 CFR 370.13(c)(1) about a substance “present in the same form and concentration as a product packaged for distribution and use by the general public” would not apply to the type of batteries normally contained in electric forklift vehicles. Chemicals present in this form must be counted toward their thresholds and reported if present at or above the threshold levels.

A lead-acid battery is a mixture of an extremely hazardous substance (sulfuric acid) and hazardous chemicals (like lead). Section 40 CFR 370.14 goes over how to determine if the threshold for a mixture is met or exceeded. In addition, EPA offers a memo on lead-acid battery reporting. 

OSHA has said lithium-ion batteries, on the whole, have the potential to leak, spill, or break in foreseeable emergencies and can cause exposure. Yet, if the batteries have one of the exemptions at EPA 40 CFR 370.13 or OSHA 29 CFR 1910.1200(b)(6), they are exempt from Tier II reporting. These include exemptions like hazardous waste, articles, certain consumer products, and substances in the same form or concentration as products packaged for the general public. 

Tier II reports are due on or before March 1 each year for covered chemicals present during the preceding calendar year. Tier II forms need to be submitted on or before March 1, even if the reporting deadline falls on a weekend. When mailing a Tier II, it must be postmarked by March 1.

Any facility owner or operator subject to reporting must submit the Tier II form to the state emergency response commission (SERC), local emergency planning committee (LEPC), and local fire department with jurisdiction over the facility. States may require you to submit Tier II information using an electronic reporting format, and your state may require fees. Check for state requirements. 

If you discover that your facility missed the March 1st deadline or failed to report in previous years, the formal approach is to submit a self-disclosure with federal EPA, using its eDisclosure System. Failure to submit Tier II reports for past years does not mean facilities are off the hook. EPA inspectors can look back and cite each of those failures, going back five years from the date a report should have been filed. A federal penalty can be over $70,000 per violation, so that can multiply by the number of years!

EPA suggests reaching out to your SERC, LEPC, and fire department if you are concerned about missing submissions. For late-reporting penalties, EPA directs you to its Enforcement Response Policies and Guidance page. 

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