Top 5 Tier II Mistakes (and how to prevent them)
The Top 5 Tier II Mistakes
USEPA’s Emergency Planning and Community Right-to-Know Act (EPCRA) was first established in 1986 and Section 312 of EPCRA establishes regulations pertaining to Tier II reporting. Over the years of Tier II reporting, there are some mistakes that continue to be repeated year after year. The most common of these are the following:
1. Not considering the total quantity stored on-site.
2. Using the same report year after year without review.
3. Improper use of exemptions.
4. Not including compounds used by contractors.
5. Calculation errors.
In order to really understand these errors, you have to understand the basics of Tier II reporting determination. According to the USEPA, facilities are required to submit a Tier II for any material that you are required to have a MSDS for a chemical pursuant to OSHA’s Hazardous Communications Standard (29 CFR 1900.1200) and which is present in the following quantities:
- Extremely Hazardous Substances (EHSs) designated under Section 302 of 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.)
Now let’s take a closer look at errors and provide you with some strategies on how to prevent them.
Not considering the total quantity on-site
The USEPA requires EHSs to be calculated aggregately. In other words, Because EHSs are important to Section 303 planning, EHSs have lower thresholds. The amount of an EHS at a facility (both pure EHS substances and EHSs in mixtures) must be aggregated for purposes of threshold determination. It is suggested that the aggregation calculation be done as a first step in making the threshold determination. Once you determine whether a threshold for an EHS has been reached, you should report either the total weight of the EHS at your facility, or the weight of each mixture containing the EHS.
Therefore, organizations need to understand what materials they are using that have EHSs in them and what percentage of that material is an EHS. Then they need to add up each EHS individually from all materials containing them to determine reporting.
Using the same report year after year without review
Many companies assume that since their operations have not significantly changed that their Tier II has not changed as well. This is a very dangerous assumption to make. Manufacturer’s sometimes change the formulation of a material, purchasing departments sometimes source materials from different vendors, sometimes the LEPC or SERC have changed their regulations, sometimes materials are added to the USEPA EPCRA Section 302 list, sometimes Section 302 thresholds are lowered. It is the responsibility of the company to be aware of Federal, State and Local changes and make the appropriate changes to their reports.
Improper Use of Exemptions
When it comes to Tier II reporting, companies need to check and double check to verify that the exemption truly applies to them. Generally speaking, USEPA EPCRA Tier II reporting uses the same exemptions as OSHA’s Hazard Communication Standard when it comes to chemicals that do not need to be counted in threshold determination calculations. These include:
- 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 sub-stance 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.
Not including compounds used by contractors
Companies must count materials that are brought on-site by a 3rd party in their Tier II threshold determination calculations. For example, if a contractor comes on-site and uses 20,000 pounds of sodium hydroxide to clean-out a storage tank, the company must list that on their Tier II report for that particular year. It is important for EHS personnel to talk to facility operations, maintenance, purchasing personnel, etc. to make sure that they understand what materials, in what quantities were brought on-site during the reporting year.
Calculation Errors
Calculation errors are not only common, but they are easy to make. Typically they occur when companies have to convert liquid or gaseous materials into pounds. Additionally, they frequently occur when compiling EHSs threshold determinations. Companies commonly use tools such as spreadsheets to compile their calculations; however, care should be taken to ensure that the spreadsheet formulas are correct and that all the quantities, weight percentages and conversion factors are also correct.
Safetec Compliance Systems, Inc.
Safetec offers an automated Tier II reporting system that will perform all EHS aggregate calculations and threshold determinations. In addition, Safetec’s Tier II reporting system is compatiable with the USEPA’s TierIISubmit software, thus ensuring that you are submitting an accurate, detailed Tier II report. If you would like more information about Safetec please do not hesitate to contact us at your earliest convenience.
