Introduction to Emergency Planning and Community Right-to-Know Act (EPCRA)

c/o Rhode Island Department of Environmental Management

Office of Emergency Response

235 Promenade Street

Providence, RI 02908-5767

401-537-4533

Submission of the Tier II Emergency and Hazardous Chemical Inventory form is required by March 1st of each year in order to comply with Section 312 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also known as the Emergency Planning and Community Right-To-Know Act (EPCRA).

The purpose of the Tier II annual inventory form is to provide state and local officials, as well as the public, with specific information on hazardous chemicals, including petroleum products, present at your facility during the previous calendar year.

Who must submit this form?

The Rhode Island Department of Environmental Management, on behalf of the Rhode Island State Emergency Response Commission, requires in accordance with Section 312 of Title III that the owner or operator of a facility submit a Tier II annual inventory form. A Tier II annual inventory form must be submitted by all facilities subject to the Hazard Communication Standard promulgated under the Occupational Safety and Health Act of 1970 to have available Material Safety Data Sheets (MSDS) if the quantities present at your facility are equal to or greater than the reporting thresholds established by the United States Environmental Protection Agency (USEPA) for hazardous chemicals and Extremely Hazardous Substances (EHSs).

What chemicals are included?

A facility is required to report the information requested on the Tier II annual inventory form for each of the hazardous chemicals present at the facility in quantities equal to or greater than the established threshold amounts, unless the chemicals are excluded under Section 311 (e) of Title III. Hazardous chemicals are any substance for which your facility must maintain a MSDS under the OSHA Hazard Communication Standard.

What chemicals are excluded?

Section 311 (e) of Title III excludes the following substance:

  • 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 substance 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 person
  • 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.

Reporting Thresholds

Threshold planning quantities (TPQ's) have been established by the United States Environmental Protection Agency (USEPA) for hazardous chemicals and Extremely Hazardous Substances as follows:

  • For Extremely Hazardous Substances (EHS) designated under Section 302 of Title III, the reporting threshold is 500 pounds (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 (4,540 kg).

WHERE TO SUBMIT THIS FORM

The Tier II annual inventory form must be sent by email only to dem.tier2@dem.ri.gov.

Copies of the Tier II annual inventory form must also be sent to:

  • Local municipal fire department.
  • Local Emergency Planning Committee (LEPC) District Chairperson.

PENALTIES

The Rhode Island Department of Environmental Management will be actively reviewing the Tier II annual inventory form submissions for accuracy of information. All violations of Section 312 reporting requirements shall be referred to the United States Environmental Protection Agency (USEPA) for enforcement of penalties under this statute. A reporting violation may result in an administrative penalty of up to $31,500 per day for each day during which the violation continues.

YOU MUST PROVIDE ALL INFORMATION REQUESTED ON THE TIER TWO EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM TO FULFILL SECTION 312 REPORTING REQUIREMENTS.

Additional Resources

Guides for Tier II Facilities