Overviewo What is a Tier II report?o What is involved in the Tier II reporting process?o Why are Tier II reports necessary?o How can I save money and still file Tier II’s?o Q & A

What is a Tier II report?Tier II reports are forms that organizations and businesses in the United States with hazardous chemicals above certain quantities, are required to fill out by the EPA. Tier II Reports are submitted annually to local fire departments, Local Emergency Planning Committees (LEPC), and State Emergency Response Commissions (SERCs) to help those agencies plan for and respond to chemical emergencies.

Who must comply?The owner/operator of any facility with storage hazardous substances on-site. Hazardous chemicals are defined as any substance for which a facility must maintain a SDS under the OSHA Hazard Communication Standard. All hazardous chemicals present at the location above threshold levels for any 24-hour period must be reported, unless specifically excluded under Section 311(e). Extremely Hazardous Substances (listed section 302) reporting threshold is 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower.

How is my information used?• Tier IIs are used to help your local and state emergency

agencies plan for and respond to chemical emergencies.

For example, if your local fire department needs to respond to an emergency at your facility, they can pull the report and plan accordingly for potential explosions or hazards they may need to address at the site, as well as what equipment they may need to bring.

History of EPCRA• 1984 – Union Carbide Disaster: Bhopal, IndiaThe Bhopal disaster was one of the world's worst industrial catastrophes. A massive release of methyl isocyanide gas from the Union Carbide Pesticide Plant in Bhopal, India, killed 3,800 and injured tens of thousands. The accident raised public concern about toxic chemical storage, releases and emergency response. The incident led to the passage of the first community right-to-know law under the 1986 Superfund Re-authorization.

History of EPCRA• 1985 – EPA’s Chemical Emergency Preparedness Program

EPA developed a Chemical Emergency Preparedness Program (CEPP) strategy to deal with air toxins in the environment, including addressing accidental releases of acutely toxic chemicals.

This voluntary program had two goals: - to increase community awareness of chemical hazards, and - to develop state and local response plans for dealing with chemical accidents.

History of EPCRA• 1987 - The Superfund Title III, Sections 311 and 312 was signed by EPA

Administrator Lee M. Thomas

• Established threshold for hazardous chemicals to 10,000 pounds• Established threshold for extremely hazardous substances to 500 pounds• Established the need for annual report filing

History of EPCRA• 2013 – West Fertilizer Company ExplosionOn April 17th, the facility exploded a force up to 10 tons of TNT as firefighters were attempting to douse the flames of a small fire. The blast actually registered as a 2.1 magnitude tremor by USGS.

Although chemical inventories indicated that anhydrous ammonia, a relatively stable fertilizer was present, the explosion was triggered by the presence of ammonium nitrate and other chemicals. The first responders did not have knowledge of the impending explosion. The blast killed 15 & wounded another 226.

EPCRA – Protecting what matters• Children• First responders• Infrastructure

• Doing your part

Tier II Reporting - Overview1. Data Collection & Aggregation2. Data Auditing3. Report Preparation4. Report Filing– State, LEPC, Local Fire Department copies– Filing Fees

Differences in State Tier II Filing ProcessesSince Tier IIs are regulated at the state level, each is entitled to collect and format them as they wish. The EPA provides customized software that gets released at the end of the year, but some states prefer to use their own filing systems. These usually have identifying logins and report builders to work through. In addition, some states require additional documents or data points.

Examples would be facility maps, SDS documents of the chemicals found on site, whether the facility is on tribal land, state assigned facility or company ID #’s, or reviewing emergency procedures with the local fire department.

What information is required?• Company Information• Facility Information• Owner/Operator and Emergency Contacts• Chemical Inventories (thresholds vary by chemical)• Certification of Accuracy• Safety Data Sheets (state dependent)

What chemicals are common at production facilities?

• Crude Oil• Produced Water• Natural Gas

Most Common

• Demulsifiers (28 bbl or 1176 gallons)• Motor Oil (32 bbl or 1344 gallons)• Methanol (35 bbl or 1470 gallons)

Other Chemicals

What chemicals are excluded? (Section 311(e))

• Any substance regulated by the FDA• Any solid in a manufactured item which exposure to the substance does

not occur under normal use• Any substance present in the same form and concentration as a product

packaged for use by the general public for personal or household use• Any substance to the extent it is used in a research laboratory, hospital, or

other medical facility under the direct supervision of a qualified individual• Any substance to the extent it is used in routine agricultural operations by

the farmer, or is a fertilizer held for retail sale to the ultimate customer

What information is critical?• Accurate location of facility• Accurate contact information• Accurate chemical inventory

• Accuracy Saves Lives!

Tier II Reporting - Timeline

New filing year software

released

Nov 1

Filing season beginsJan 1 Filing season

endsMar

1

Failing to File – Penalties• Failure to comply with these rules will allow

the EPA to administer civil and administrative penalties in the range of $20,000 per facility.

Failing to File – Civil Actions• Non-compliance opens the door for citizens to

initiate civil actions against the owner or operator of a facility for failure to meet the EPCRA requirements.

Failing to File – State & Local Actions• The SERC, LEPC, and state or local government

may institute actions against a facility owner/operator for failure to comply with EPCRA requirements.

Tier II Filing Tips – Request RecordsBy requesting your inventory information from last year, you can cut down on the administrative tasks required to prepare this year’s reports.

You’ll need to request each state separately and most are very strict about vendors requesting on your behalf.

Benzol Group can assist you in this process and provide you a discount for obtaining the information for us.

Tier II Filing Tips – Find the right fit• The more facilities you operate, especially in multiple states,

the more important to find a Bulk T2 processor that operates in every state you do.– They understand the unique filing requirements of each state– They should have a database of LEPC and Fire Departments on

file• They should guarantee your information reaches all parties involved

– They should provide on-time filing and accuracy of information– They should be able to pass along the savings to you

Can I avoid a site visit when preparing Tier II’s?

Yes!• By providing us with key data points about your facilities, Benzol Group can create

the reports without a costly trip.

• However, if you need additional work such as SPCC or an Initial Air Assessment, all the Tier II data points will be collected during the visit, alleviating most of your paperwork.

• Alternatively, as already mentioned, last year’s reports will also save you the paperwork and we even provide a discount for providing them.

If I filed last year can I save time and money this year?

Yes! • We are offering discounts if you can provide your

previous year’s filing files (usually a ZIP or T2S file).

We can provide you with the request template and state contact to send it to.

Do you have any insight into the process?

YES!• The EPA intends to release the updates towards the end of October.

Once released, Tier II record organization can begin.• Tier II Submit Software is being upgraded

– A few additional submission requirements, such as the emergency contact’s Title are now REQUIRED instead of optional.

– A few enhancements from checkbox to Yes/No answers– Upgrade to database to FileMaker Pro Advanced 14, which means the

minimum Mac OS X will be Mavericks (Windows 7 SP1 still minimum)

1. Step-by-Step Accountability – Each report travels through our Compliance Management System, enZone, ensuring accurate delivery to all local parties

2. Lat/Long Confirmation – Every location is verified on aerial photography to ensure emergency responders can use your report to reach their destination.

3. Multiple Levels of Organization – The enZone system allows our staff to work at facility level as well as county, state, fields, etc., to ensure there are no duplicate filings and you are able to organize the final reports to your internal workflows.

4. State Specific Rules Database – The enZone system stores state and local filing procedures, formats, and personnel ensuring each state receives the exact content they need in the format they require.

5. Online Tier II Reports Archived – The enZone system comes complete with client level access to your digital records including Tier II Reports and SPCC Plans.

What makes Benzol Group the best choice for filing my Tier IIs?

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