Facilities that store hazardous chemicals above certain thresholds are required to file an annual Tier II report under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA). The report gives state and local emergency responders the information they need to plan for and respond to chemical releases. In New Mexico, Tier II reports are due March 1 each year and are submitted directly to the New Mexico Department of Homeland Security and Emergency Management (NMDHSEM), which serves as the state-level point of contact for Tier II filings. Whether you’re completing your facility’s first Tier II report or looking to streamline the process, the steps below walk through what’s required.
Step 1: Determine Whether Your Facility Must Report
Tier II reporting applies to facilities that store or handle hazardous chemicals — generally, any chemical for which OSHA’s Hazard Communication Standard requires a Safety Data Sheet (SDS) — above 10,000 pounds at any point during the year, or Extremely Hazardous Substances (EHS) at or above their threshold planning quantity (TPQ) or 500 pounds, whichever is lower. Common hazardous chemicals include diesel fuel, antifreeze, and compressed gases; common EHS chemicals include anhydrous ammonia, sulfuric acid, and concentrated hydrogen peroxide. Retail gasoline and diesel stations may qualify for higher thresholds — 75,000 gallons for gasoline and 100,000 gallons for diesel — if their underground storage tanks (USTs) meet all applicable federal, state, and local UST requirements. If your facility exceeds any of these thresholds for a covered chemical, you are required to file.
Step 2: Gather Your Chemical Inventory Data
For each reportable chemical, you will need: chemical identity and CAS number, physical state (solid, liquid, or gas), whether the chemical is present as a pure substance or in a mixture, EHS status, the maximum amount present at the facility on any single day during the year, the average daily amount, applicable physical and health hazard categories, and the specific location(s) where the chemical is stored on-site. Current Safety Data Sheets for each chemical are the primary source for this information, so confirm your SDS library is complete and up to date before you begin.
Step 3: Compile Facility and Contact Information
In addition to chemical-specific data, your Tier II report requires facility-level information: the facility’s name, address, and NAICS code; the number of full-time employees or occupants; emergency contact information, including a 24-hour contact; and a designated Tier II contact person responsible for the report.
Step 4: Prepare Your Report Using Tier2 Submit Software
New Mexico requires Tier II reports to be prepared using the current version of EPA’s Tier2 Submit software and submitted in the resulting .t2s file format — other formats are not accepted. The software walks you through entering your facility and chemical inventory data and generates the properly formatted file NMDHSEM requires.
Step 5: Submit Your Report and Pay the Required Fee
New Mexico facilities submit their completed .t2s file directly to NMDHSEM — not to local fire departments or Local Emergency Planning Committees, unless a local authority has a separate requirement. Reports can be emailed to [email protected], shared via a cloud storage link (for example, OneDrive, Google Drive, or Dropbox), or mailed on a USB device to NMDHSEM’s Santa Fe address. Filing fees are based on the number of chemicals reported, ranging from $25 for one to three chemicals up to a $250 maximum for 28 or more chemicals; government agencies and their contractors are exempt. Importantly, NMDHSEM considers a Tier II submittal complete only once it has received both the electronic file and the correct fee payment — submitting one without the other will leave your filing incomplete. Reports are due March 1, and late submissions can result in fines of up to $5,000.
Step 6: Retain Records and Plan for Next Year
Keep a copy of your submitted Tier II report, supporting SDS documentation, and proof of fee payment on file. If your facility begins storing a new hazardous chemical or EHS above the reporting threshold during the year, you may also have a one-time obligation under EPCRA Section 311 to submit that chemical’s SDS, or a list of hazardous chemicals, to NMDHSEM before it’s due to appear on your next annual Tier II report.
Common Mistakes to Avoid
- Overlooking EHS chemicals with TPQs well below the standard 500-pound threshold.
- Failing to update chemical inventory data when maximum or average on-site quantities change during the year.
- Submitting the .t2s file without payment, or payment without the file — both are required for a complete submittal.
- Relying on outdated Safety Data Sheets that no longer reflect a chemical’s current hazard classification.
- Missing the March 1 deadline, which can result in fines of up to $5,000.
Looking Ahead: New Hazard Categories Coming for 2027
Facilities should also be aware of upcoming changes to how hazards are reported on Tier II forms. EPA has revised EPCRA’s hazard categories to align with OSHA’s updated Hazard Communication Standard, expanding from 24 broad categories to 118 more specific categories covering physical and health hazards. These revised categories will first apply to the 2027 EPCRA Section 312 reporting period, with reports due by March 1, 2028; updated Tier2 Submit software and forms are expected in late 2026 and early 2027. In the meantime, facilities should confirm their Safety Data Sheets reflect OSHA’s 2024 Hazard Communication Standard updates, since manufacturers and employers face their own separate compliance deadlines for updating labels, SDSs, and training.
How Trinity Can Help
Trinity Consultants assists facilities with all aspects of Tier II and broader EPCRA compliance, including chemical inventory reporting services, applicability determinations, and preparation for the upcoming hazard category changes.
Call to Action
With the March 1 deadline arriving every year, the facilities that fare best are the ones that start organizing their chemical inventory data early rather than waiting until the last few weeks. If you would like help preparing or reviewing your Tier II report, or evaluating how the upcoming hazard category changes may affect your facility, we encourage you to reach out.
If you would like assistance with Tier II reporting or other EPCRA compliance obligations, please email Michael Brown in Trinity’s Albuquerque Office or call 505.266.6611.
