What is Tier II?
The Emergency Planning and Community Right-to-Know Act (EPCRA) was passed in 1986 due to rising environmental and safety concerns regarding the storage of toxic chemicals at industrial facilities. Section 312, or Tier II, was included in this Act, which required applicable facilities to report hazardous and toxic substances stored onsite. Facilities must report any hazardous chemical or mixture stored onsite containing 10,000 pounds or more unless otherwise exempted. The threshold may be lower for chemicals containing an Extremely Hazardous Substance (EHS) under 40 CFR Part 355.
New Tier II Reporting System
In Arkansas, the Arkansas Department of Emergency Management (ADEM) implements the requirements set forth by EPCRA, including Tier II reporting. Facilities subject to Tier II requirements must submit their Tier II reports by March 1 of each year to ADEM. ADEM then distributes the reports to Local Emergency Planning Committees (LEPCs) and fire departments statewide for use in emergency response and planning scenarios.
Historically ADEM has required the use of the electronic Tier2 Submit™ software, but starting in the 2026 calendar year (report year 2025), ADEM is switching to Hazconnect. In this software, users can create their accounts and, once logged in, can access a training video for using the program.
According to ADEM, immediate changes noticed and implement in Hazconnect will be:
- SDS will be required on all submissions;
- You will have to enter data directly into Hazconnect – You cannot import T2S, XML or any prior file formats (If you have previously filed, that facility data can be verified, updated and used);
- Filing fees will automatically be calculated based on Tier II report data;
- Late fees will be assessed on submissions received after March 1, 2026;
- If you are filing reports for multiple locations or different facilities, Hazconnect will create a combined invoice to allow payment of all facility fees by credit card or e-check.
According to ADEM, importing facilities can be done in the following fashion: “When you register, you will have the opportunity to select the facilities that you are responsible for, and that ownership will be verified during the approval process. Any facility that has submitted Tier II reports within the last 4 years will be in the facilities list for you to select from.”
If you have any questions about the new Tier II system or would like support with preparing your RY 2025 Tier II, please call Trinity’s Little Rock office at 501.225.6400 or email Andrew Kriegbaum, P.E.
