Facilities handling hazardous chemicals in excess of certain thresholds are required to submit an annual Tier II report no later than March 1 of each year pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA). The Tier II report details the types and quantities of hazardous chemicals present at a site and is crucial for emergency planning and response efforts. Tier II reports are required to be submitted via the E-Plan website in North Carolina.
North Carolina Emergency Management (NCEM) recently announced additional information will be requested with the Tier II reports generated in E-Plan beginning with the RY2023 report due by March 1, 2024. In addition to general facility information, additional technical information includes the following:
- Fire District. List the first-responding fire department name and fire department identification number (FDID). The FDID can be obtained from the Office of State Fire Marshall Directory.
- Facility Floor Plans. This is only required for facilities reporting extremely hazardous substances and subject to EPCRA Section 302 emergency planning requirements. The site map must identify locations for hazardous material storage. Aerial photographs will not be accepted.
- Other Chemical Management Regulations. Identify whether the facility is subject to Chemical Facility Anti-Terrorism Standards (CFATS), Risk Management Program (RMP), Process Safety Management (PSM), or Toxic Release Inventory (TRI).
- Hazardous Waste Regulations. Identify the facility’s hazardous waste generator category. If a large or small quantity generator, also report the site ID number and hazardous waste contingency plan and/or quick guide.
- Deregistration. If the report represents the last Tier II report for the facility, include the last date all hazardous substances were onsite.
- Chemical Shipments. Include the frequency and mode of shipments related to a particular hazardous substance.
Separately from the federal EPCRA requirements, the North Carolina Department of Labor requires a similar hazardous chemical inventory report pursuant to the North Carolina Hazardous Chemicals Right to Know Act (NCGS 95-173, Article 18). However, North Carolina’s rule has more stringent reporting thresholds: 55 gallons or 500 pounds or more of any hazardous chemical. This state-specific rule requires facilities to submit at least annually to the local fire chief a hazardous substance list identifying the substance name, maximum storage amount, and storage location. The hazardous substance list must also be updated within 30 days whenever a chemical is added or deleted from the list or whenever the quantity storage class code changes.
Facilities have the option to utilize the Tier II report submitted in E-Plan to satisfy the North Carolina Hazardous Chemicals Right to Know Act reporting requirements. As an alternative, the inventory list, along with the facility’s emergency contact information, can be e-mailed to the fire department using the contact information in the Office of State Fire Marshall Directory. More information on this report can be found on the Department of Labor website and compliance brochure.
NCEM has developed a Chemical Reporting Quick Reference Guide available on this webpage to aid facilities in identifying reportable chemicals. You can also contact your local Trinity office in Charlotte or Raleigh today if you need assistance with your annual Tier II or North Carolina Hazardous Chemicals Right to Know Act reporting.
