New Jersey Tier II Reporting

In New Jersey, any facility storing hazardous chemicals at or above certain thresholds must comply with Tier II reporting requirements. According to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), submitting a Tier II form is mandatory when handling such chemicals. This form is used to notify state officials, local officials, and the general public about potential hazards

Understanding New Jersey’s Tier II Reporting Requirements

Who Needs to Report?

Any facility in New Jersey that has hazardous substances equal to or greater than the established threshold amounts (listed below) must report.

• Any facility that stores a chemical on the NJ Environmental Hazardous Substance (EHS) list above its Reporting Quantity (RQ). If the RQ is not listed, then it is 500 pounds. (Note: EPCRA Extremely Hazardous Substances and their Threshold Planning Quantities are included on the NJ EHS list)
• Any facility that stores a chemical not on the NJ EHS list in a quantity above 10,000 pounds.

Key Points 

• In New Jersey, EHS means Environmentally Hazardous Substance and is separate from the Extremely Hazardous Substance list 
• Here are some common chemicals that have NJ-specific thresholds that are lower than federal EPCRA thresholds:
• Lead – 500 pounds
• Sulfuric acid – 500 pounds
• Benzene – 500 pounds
• Isopropyl Alcohol – 500 pounds
• Hydrogen – 500pounds

Types of Facilities Subject to Tier II Reporting

Here are some common examples of facilities and chemicals that would require Tier II reporting in New Jersey if threshold quantities are met:

• Chemical plants – Acids, bases, solvents, petroleum products, feedstock chemicals.
• Wastewater treatment plants – Chlorine, sodium hypochlorite, ammonia, sodium bisulfite.
• Manufacturing facilities – Paints, inks, acids, bases, solvents, oils, lubricants.
• Landfills – Methane gas, leachate, waste oils.
• Auto service shops – Motor oil, transmission fluid, antifreeze, solvents, oil filters.
• Hardware/home centers – Fertilizers, pesticides, propane, paints.
• Hospitals – Anesthetic gasses, sterilants like ethylene oxide, and lab chemicals.
• Food processors – Ammonia used in refrigeration, and sanitizing chemicals.
• Farms – Liquid fertilizers with ammonia, diesel fuel for equipment.
• Plastics companies – Resins, solvents, monomers, catalysts.
• Gas stations – Gasoline, diesel, ethanol blends, used oil.
• Electronics plants – Corrosive acids, solvents, cathode ray tubes.

Key points

Any facility storing chemicals over Tier II threshold limits present in New Jersey would need to report those inventories annually. The specific chemicals vary widely based on processes.

Need help sorting out tricky thresholds, exemptions, or submitting reports for sites or facilities in New Jersey? Learn more here about how you can partner with Encamp to save you and your team time and hassle this reporting year.

New Jersey’s Electronic Tier II Reporting System (eCRTK Survey)

Overview of eCRTK Survey

eCRTK Survey is the online reporting system used for submitting Tier II chemical inventory reports in New Jersey. The system was developed by the New Jersey Department of Environmental Protection (NJDEP) to facilitate the electronic filing of the Community Right to Know Survey. Facilities required to submit Tier II reports must file electronically through eCRTK Survey rather than using paper forms. eCRTK Survey allows users to enter facility identification data, chemical inventories, storage locations, and other details required for Tier II reporting. The system contains pre-loaded databases of chemical information and reporting thresholds to simplify reporting. Users can search for chemicals by name or CAS number.

How to Submit a Tier II Report in New Jersey

Here is an overview of the key steps to submit a Tier II report in New Jersey’s eCRTK Survey system:

• Register facility and create a user account – You will need to register your facility in eCRTK Survey and set up a user account with login credentials.
• Enter facility identification information – The system will prompt you to enter details on your facility such as name, address, NAICS code, owner, etc.
• Select reporting year – You will need to select the current reporting year for which you are submitting the Tier II report.
• Input chemical inventory data – Search for and select chemicals stored on-site and enter the amounts, units, and locations for each exceeding thresholds.
• Review report – Carefully review the Tier II report for accuracy and completeness before submission. Edit if needed.
• Certify report – You must certify that the information is true, accurate, and complete prior to final submission.
• Submit report – Once certified, click submit to officially file the completed Tier II report to NJDEP.
• Print report – Once submitted, you can print the report to a PDF, so that you can distribute it to the local agencies.

Key Points

• There are reporting fees in New Jersey – facilities will be sent a combined invoice (for Tier II fees as well as other assessments) in July. For Tier II, the assessment rate is $4 per employee per year, with a minimum of $75.
• Facilities must send the Tier II report submitted in the eCRTK Survey to the county lead agency, the LEPC, the local fire department, and the local police department.

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In New Jersey, the Tier II reporting deadline is March 1 each year, covering information on hazardous chemicals present at the facility during the previous calendar year.

Additional Reporting Requirements 

In addition to the main annual Tier II reporting deadline, New Jersey also has some supplemental reporting requirements for Tier II:

• Initial Notification: Facilities must submit a notification within 90 days after they first exceed reporting thresholds for any hazardous chemicals on site. The thresholds for this notification are the same as the Tier II thresholds. This is also referred to as a Section 311 notification.
• Emergency Planning Notification: Facilities must submit a notification within 60 days after they bring an Extremely Hazardous Substance on-site in a quantity that exceeds its Threshold Planning Quantity. This is also referred to as a Section 302 notification.

Tips for Effective Tier II Reporting

Maintain Accurate Inventory Records

Starting early in collecting compliance data will help with making sure all the data is accurate and ready to go when the March 1st deadline comes around. A good rule of thumb is to have data ready to review the first week of January. 

Understand State-Specific Reporting Requirements

New Jersey is the only state in which facilities are required to report to additional parties beyond the SERC, the LEPC, and the FD. Facilities must also send copies of their report to the County Lead Agency and their local Police Department.

Keep Copies of All Submitted Reports

Once submitted in eCRTK Survey you can print a copy of your report to a PDF. Facilities should keep a copy of their submitted report for their records.

Common Mistakes in Tier II Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Substances

It’s important to look at all chemicals across your equipment, departments, and processes. In New Jersey, certain chemicals have lower reporting thresholds and should be looked at carefully. Also, if you have lead-acid batteries, you will need to take into account the sulfuric acid housed in the lead-acid batteries (if they are not exempt).

Misclassifying Substances

Be sure to check the NJ EHS list for chemicals that may potentially have lower thresholds than in other states.

Failing to Keep Up-To-Date with Changes in Regulations

Failure to report can result in Federal, state, and local penalties if an incident occurs and there is no Tier II report on file. 

Key Points

• Submit Tier II reports on time by March 1 deadline.
• Ensure all hazardous chemicals above reporting thresholds are included.
• Check NJ’s specific chemical thresholds. The list and thresholds are updated every year.
• Completely omitting chemicals or the full report leads to the highest fines.
• Even small errors like one chemical can still incur sizable penalties.

Penalties for Non-Compliance with Tier II Reporting in New Jersey

Potential Fines and Legal Consequences

Here are some potential penalties and consequences for failure to comply with New Jersey’s Tier II reporting requirements:

• Under the New Jersey Administrative Code, civil penalties of up to $2,500 per violation per day can be assessed under the state’s Right to Know Act for not filing or inaccurate reporting. Some specific penalties include:
• Failure to submit a report: Up to $1,000 per day (N.J.A.C. 7:1G-7.7(b)(1))
• Failure to report all required substances: $500 if 10 or fewer substances are omitted and $1,000 if more than 10 substances are omitted (N.J.A.C. 7:1G-7.7(b)(2))
• Failure to transmit a copy of the report to the local fire and police departments, LEPC, and County Lead Agency: $500 per violation (N.J.A.C. 7:1G-7.7(b)(3))
• Criminal liability is possible with fines up to $50,000 and up to 2 years imprisonment per violation for willful or knowing submission of false Tier II information.
• Private citizens or local agencies can file lawsuits against the facility to compel Tier II reporting and collect damages related to any resulting incidents.
• The New Jersey Department of Environmental Protection may issue warning letters, notices of violation, administrative orders, and other enforcement actions for Tier II noncompliance.
• Local Emergency Planning Committees may issue notices of deficiency for failure to submit the Tier II report as required in their jurisdiction.
• Ongoing non-compliance can lead to the revocation of state operating permits and the limitation or shutdown of facility operations permitted by the state.
• Facilities may be ineligible for state grants, incentives, or subsidies if convicted of Right to Know violations related to Tier II.

Impact on Community Safety and Emergency Preparedness

Here are some potential scenarios demonstrating how failing to properly file Tier II hazardous chemical inventory reports can impact community safety and emergency response in New Jersey:

• Chlorine Gas Leak in Linden: A facility in Linden increases its chlorine inventory but fails to update its Tier II report accordingly. When a significant chlorine gas leak occurs, response teams lack knowledge of the full extent of chlorine stored on-site. This lack of information delays appropriate emergency measures, putting both responders and the community at risk due to potential exposure to toxic gases.
• Anhydrous Ammonia Leak in Jersey City: In Jersey City, a hazmat team responds to a tank leak without knowing that the tank contains anhydrous ammonia, as it was not included in the company’s latest Tier II filing. The absence of critical chemical information leads to inadequate protective measures, resulting in exposure risks for emergency personnel and nearby residents.
• Ammonia Release at Ice Rink in Montclair: An ice rink in Montclair upgrades its ammonia refrigeration systems but fails to report these changes in its Tier II filing. During an electrical fire, leaked ammonia overwhelms first responders who were unaware of the increased hazard due to missing information. This compromises their safety and delays effective response efforts, potentially endangering patrons and staff.