Tier II compliance is required for any hazardous chemicals used or stored with the workplace. Facilities must maintain a safety data sheet (SDS) (formerly known as material safety data sheet, MSDS). Facilities must also submit an annual inventory of these chemicals by March 1 of each year to their State or Tribal Emergency Response Commission (SERC or TERC), Local or Tribal Emergency Planning Committee (LEPC or TEPC), and local fire department. The information submitted by facilities must be made available to the public.
Submission requirements vary by state and industry, but generally, if a facility has over 500 pounds of extremely hazardous substances (EHSs) or 10,000 pounds of any other hazardous chemical, they must submit a Tier I or Tier II reporting form to their state or the EPA.
The information collected is available to the public and to emergency responders such as police and fire departments. It is used to supplement other regulatory programs within the state, provide important information to residents about hazardous substances in their community, and to facilitate proper planning for a response to an emergency at a facility, which may threaten the surrounding community or environment.
The survey must be completed and submitted to the appropriate regulatory agencies annually. The annual report is due March 1st and is required by state and federal laws.
Under state law and regulation failure to meet the deadline may result in enforcement action and possible penalties of at least $2,500.00 per day.
