Encamp has raised $30M in a round led by Drive Capital, with participation from existing investors OpenView, High Alpha Capital, Allos Ventures, and more. The round follows on the back of a 500% increase in ARR in 2021 and rapid people growth, and values the company at $150 million. 

I’m grateful for these investors’ conviction in Encamp, for the employees that have gotten us to this point, and for our incredible clients, who make all of this possible.

We started Encamp four years ago with a dream of a future where businesses are able to automate environmental compliance data tracking and reporting at every facility to all the right regulatory agencies across all jurisdictions for every requirement — in one unified system.

However, that’s not how it works today.

Compliance and Sustainability

Facility environmental data is typically spread across a vast number of unrelated internal enterprise systems. Maintaining the integrity of facility environmental data across all these disconnected and constantly changing systems makes it challenging for companies to sustain robust and streamlined environmental compliance programs.

Encamp’s core thesis is that facility environmental data is essential to enable high performing environmental and social governance (ESG) initiatives and protect companies from compliance risks — and that unifying this data in a single system will help companies grow while protecting the environment.

Technology that Transforms Compliance

Encamp provides companies and environmental health and safety (EHS) teams a single system to track facility environmental data, assess compliance requirements based on that data, and automate compliance reporting to all the right regulatory agencies across a rapidly growing number of regulations

This system doesn’t just eliminate the complexity, cost, and constraints inherent with approaches involving billable hours and manual work—we believe it will be a critical foundation for driving environmental initiatives and sustainable growth in the world’s largest companies going forward.

We’ve been humbled to see our customers join our vision and transform their environmental compliance programs. Enterprises that invest in EHS software and a data-first approach to their environmental initiatives aren’t just more efficient. They are better environmental stewards—with more intelligent workflows, more robust compliance reporting processes, and more powerful analytics to achieve environmental and operational goals. This is also why we have seen a 500% revenue growth in 2021 and have many of the Fortune 1000 companies as customers.

What’s Next?

We’re on a mission to create a world where good for business can equal good for the environment. 

Looking ahead, and with this funding, we will be laser focused on building the environmental operating system that allows companies across the globe to use data to not only comply with environmental regulations, but to also unlock their potential for sustainable growth to build a better future. We believe that economic growth and environmental sustainability can fuel one another through technology—and we are looking for remarkable people who believe the same to help us build this future. 

Sic Parvis Magna (thus great things from small things).

Read the full press release here.

Does this mission excite you? Are you an exceptional individual looking to make an impact on the environment using technology? Check out our open job postings and apply today!

In EHS program areas for environmental compliance, sustainability applies in two ways. Naturally the first is complying with regulatory requirements for hazardous chemicals and waste to contribute to a sustainable environment. The second, is making risk management and compliance reporting a more efficient and sustainable process for EHS operations. 

Automated notifications and compliance reporting drive sustainability from both ends of this EHS program spectrum. As importantly, they provide a collective safeguard against non-compliance violations.   

Reasons for Automated Notifications and Reporting

Tracking updates and notifications within EHS program areas

A notable obstacle for many enterprises with distributed facilities is tracking compliance updates and notifications specific to an EHS program area or regulatory level. Especially when sites are located in various states, monitoring changes in each facility on a continuous basis is demanding, if not impossible. 

While updates to regulations and exceeding thresholds based on site-specific data are common triggers for notifications, so are actions such as adding or updating a facility’s emergency personnel and contact info. Outdated or incorrect facility contact information is in fact one of the most common errors for compliance reporting. Triggers like these and others can add up, which is where the value of automation for notifications comes in. (Read more in the Encamp eBook: Guided Environmental Compliance.)

By as much as 98%, based on Encamp customer data, automated actions reduce the number of facilities that are behind or out-of-date on compliance updates and notifications. Technology research firm Gartner offers additional insight on the value prop. For businesses in general, Gartner analysts predict that 70% of organizations will track data more rigorously for accuracy and quality in 2022, reducing operational risks and costs by 60%. Applied to EHS operations, reducing the risks of non-compliance and costly fines is always a positive.

Gartner analysts predict that 70% of organizations will track data more rigorously for accuracy and quality in 2022, reducing operational risks and costs by 60%.
– “12 Actions to Improve Your Data Quality”

To take advantage of automation, the most effective way is with technology that incorporates rules-based triggers and automates the process of recognizing necessary updates or notifications. Even better is when that technology also automatically submits updates or notifications in the right format and with audit-ready documentation. 

Setting sustainability goals

According to Program Manager Katie Wascom of Encamp’s Compliance & Customer Success team, automated notifications can also serve other critical purposes. 

“They can help tremendously in setting sustainability goals, especially regarding waste,” Katie said. “If an EHS team is able to accurately and timely capture chemical amounts on site (using notifications), including changes within a certain percentage, they can proactively tackle on-site management. This in turn sets the site up for success because they’re always prepared.”

Case in point: One chemical manufacturer and valued Encamp customer reported that “We were able to bulk upload chemicals, and add notifications for changes over 10% to notify (EHS staff) and have a meeting to discuss.” The notifications have helped the company identify potential threshold issues and address them accordingly.

“We were able to bulk upload chemicals, and add notifications for changes over 10% to notify (EHS staff) and have a meeting to discuss.”
– Large U.S. chemical manufacturer

Another potential aspect of goal-setting for sustainability comes from Julie Ragains, Encamp’s director of Customer Success and Fulfillment. “Imagine a notification to automatically alert you when something is quite different from your previous year’s report.” 

The issue in such a case could be the amount being reported for a product that, when compared to the previous year’s compliance report, has increased or decreased below a regulated threshold. As Julie explained, in a scenario like this, an automated notification could conceivably help the company avoid a non-compliance violation for submitting inaccurate data in their latest Tier II report.  

Automating task suggestions

A bit of background first on the Resource Conservation and Recovery Act (RCRA) for hazardous waste. RCRA requires such wastes to be properly managed from the point of generation — the “generator” — to the point of final destruction. Generator categories are based on the amount of waste generated per facility per month (i.e., a threshold).

An activity that causes a generator to exceed the threshold for its normal generator category for that month can be unplanned or planned. For an unplanned event, a company must notify regulatory authorities within 72 hours of the activity. When the event is planned, notification is required 30 days before. Jess Martin, a compliance program associate at Encamp who has an extensive background in RCRA, brought up the concept of automated task suggestions for when a generator exceeds their compliant generation limit.

“They could evaluate and either determine it was an unplanned episodic generation event and submit the proper forms for that,” she explained, “or completely update their generator status and submit necessary forms.”

Jess adds that tracking waste that’s generated, shipped, or both on a monthly or annual basis is instrumental in reaching sustainability goals. “You can’t track progress when you don’t have the data,” she said. For notifications, “the automation aspect could come from syncing with existing data pipelines, such as waste vendor data or internal waste tracking software.”

Improving Tier II reporting and data quality

Another common problem in many EHS program areas is data quality. Ideally, compliance data and Tier II reports should undergo QA/QC checks throughout the report compilation process. But the reality is that submissions are often hurried to meet due dates and quality goes largely unchecked. Are reports being filed with the right data? Going to the right agencies? In the right format? On time?

Along with standardizing processes and making them repeatable and sustainable across EHS program areas, automation reduces the “friction” of manual work — like pulling compliance data together from scattered sources and constantly checking the quality of information they have. 

Within the reporting process, automation can be applied to: 

Data collection

Data validation

Task notifications

Report submissions 

Some further numbers to confirm automation’s value: Based on Encamp’s  customer data for reporting, automation helps them reduce the time to complete and file compliance reports by more than 90% — and often eliminates 100% of errors before they occur. Relatedly in a study by Smartsheet, with employees in multiple industries estimating that a quarter of their workweek is spent collecting, copying, and “cleaning data,” 66% said automation would help reduce data errors. And finally, a study from Gartner research has found that organizations believe poor data quality to be responsible for an average of $15 million per year in losses.

In more ways than one for the environment and EHS program sustainability, automation is invaluable.

Organizations believe poor data quality is responsible for an average of $15 million per year in losses.
– Gartner

Transforming the way enterprises stay in compliance 

Encamp is on a mission to create a world where good for business can equal good for the environment. We help enterprises transform compliance programs and human processes into a technology-driven system that lays the foundation for accurate and ongoing environmental compliance through a blended method of intelligent high-tech solutions and high-touch expert support.

Katie Waskom is a Program Manager at Encamp, and is one of the top proponents of our mission to create a world where good for business can equal good for the environment. Given the growing relationship between environmental compliance and sustainability, we got her thoughts on the current state of sustainability, and how digital transformation fits into the sustainability equation with advancements in environmental compliance management and reporting.

Here’s what Katie had to share (responses have been edited for clarity and length).

Putting Environmental Compliance and Sustainability in Perspective 

Where did your interest in environmental compliance and sustainability start? 

I first took an interest in sustainability in college when I was part of an on-campus initiative and recycling program. Then when I studied abroad in Germany, my course work was in sustainability. Germany is extremely forward thinking in those terms, and they actually embed sustainability in their laws and environmental regulations. That’s where I learned what being sustainable really looks like — how it affects some 4,500 German companies and plays out in day to day life, how easy it is to transition, and especially how environmental compliance and sustainability work together.  

After college, I took what I learned in Germany to my first job, which was at Cummins, Inc. Cummins is a global manufacturer of power systems for industries including trucking, agriculture, mining, rail, shipping, and others, and they have an extensive ESG | Sustainability Reporting program. They had some lofty goals for sustainability while I was there, and a lot of pieces to still put in place. So it was a very good experience. But Encamp is where the environmental compliance aspect has come into a much clearer focus.

How would you define sustainability and its current state? 

Sustainability applies to a lot of different things. Right now, the sustainability movement is based largely on the three pillars of environmental, social, and economic concerns. For businesses in particular, an effective sustainability program considers how such an initiative gets paid for and its economic benefit, plus the initiative’s social reach and who will benefit. Businesses also want to show they’re good stewards of the environment. This is where environmental compliance and sustainability are becoming more aligned. 

As an investment decision-making criteria, sustainability reporting is becoming more and more critical… It allows people to determine a company’s stance on social issues and protecting the environment. 

Yet as ESG has taken center stage, sustainability has increasingly involved environmental and social governance as a financial component, especially for investing. This is why sustainability reporting is so critical now, since it allows people to determine a company’s stance on social issues and protecting the environment as investment decision-making criteria. 

Writer’s note: As the Corporate Governance Institute says, Environmental, Social, Governance criteria are “a set of standards for how a company operates regarding the planet and its people.” (See our related Encamp blog on ESG.)

How does digital transformation contribute to a company’s sustainability cause?

Technology contributes to the mix of environmental compliance and sustainability in multiple ways. For a company’s sustainability program, knowing where data originates and where it resides is integral to pursuing sustainability goals. Encamp’s unified data system, in particular, enables companies to centralize compliance data and validate its sources and quality. Data also becomes more visible for compliance reporting, which lets compliance teams and other organizational stakeholders track and QC/QA data in a more thorough manner to ensure its accuracy.

forest filled with trees at sunriseAlso on behalf of our customers, we partner with a non-profit called One Tree Planted to plant a tree somewhere in the world for every Tier II report a customer files using Encamp. The effort ties directly to carbon offsetting. Since 2018 when Encamp started working with One Tree Planted, we’ve had more than 18,000 new trees planted!

Another positive contribution for sustainability is that advancements in digital technology make data management and reporting more efficient with a digital transformation approach. Along with digitizing their compliance records, EHS teams can turn report compilation tasks into standardized, sustainable processes through automation. In addition to centralizing compliance data, for instance, the Encamp solution also automates final report submissions to all applicable regulatory agencies at the federal, state and local level. Depending on the number of facilities they have to file compliance reports for, our customers routinely save hundreds of hours every year just in the reporting process. 

How can businesses drive sustainability efforts by way of compliance?

Back to sustainability’s environmental aspect, companies can reduce their carbon footprint significantly just by adopting sustainable business processes. This is why environmental compliance technologies like Encamp continue to build more automation into the process for compliance data and reporting management, which continually improves productivity by maximizing technology resources as well as human resources.

For social responsibility, environmental compliance enables companies to report hazardous chemicals they manufacture, use or store on-site to regulatory agencies. With consistent monitoring, environmental compliance and sustainability goals alike are easily tracked and achieved. Here again, utilizing a unified data system provides comprehensive monitoring capabilities to know the status of a facility’s chemical list and inventories at all times and stay in continuous compliance.

When a company’s compliance program becomes sustainable this way, it benefits nearby communities and society as a whole — which can enhance a company’s environmental responsibility as well as its brand, customer base, and even decision-making and profitability. This is what we mean at Encamp when we say what’s good for business can be good for the environment.

Lastly for the economic part of sustainability, non-compliance with environmental regulations can be costly in more ways than one. For the most severe or repeated violations, financial penalties and legal fees can easily reach six figures, or sometimes in the millions. But unsustainable practices for compliance and reporting management can be also expensive because they’re largely inefficient and often fail to put the right resources to use. Sustainable business practices for environmental compliance can help companies and their EHS operations pinpoint areas of improvement and reduce such inefficiency, including costs.

What is your outlook for sustainability in the next few years? 

I think sustainability is definitely a topic people are becoming more aware of. And whether as consumers or B2B decision-makers, they’ll want to do business with companies that are like minded. This is a really powerful dynamic, and will continue to make environmental compliance and sustainability a package deal for businesses and consumers alike who want to protect the environment and take a sustainable approach to doing it.

I also see the economic aspect of sustainability being an even greater consideration for investors than ESG has already made it. If a business wants to attract investors, expand operations, or even position itself for acquisition, its sustainability efforts will have to be of top level importance in the eyes of potential investors as well as customers. In that sense, a company’s sustainability efforts are visible. They’re tangible. And especially with a well-managed sustainability program, businesses can make a positive impact with it. 

Organizationally, larger enterprises will continue to make the most impact with sustainability programs. Primarily, they have bigger carbon footprints that benefit from sustainable practices. But larger brand-name companies also tend to have boards of directors who are very forward thinking toward environmental and social causes. They’re environmentally and socially responsible, naturally, but they also understand how their businesses are perceived by the public. And they certainly have the financial and economic clout to promote sustainability. 

These enterprises will increasingly set the tone for companies of all sizes to implement sustainability initiatives going forward. Environmental compliance and sustainability will also continue to become a common cause for businesses in general.

Transforming the way enterprises stay in compliance 

Encamp is on a mission to create a world where good for business can equal good for the environment. We help enterprises transform compliance programs and human processes into a technology-driven system that lays the foundation for accurate and ongoing environmental compliance through a blended method of intelligent high-tech solutions and high-touch expert support.

How would a digital strategy impact our company’s EHS process and compliance outcomes?” It’s a good, thought-provoking question, and a lot of EHS leaders are asking it right now when considering a digital game plan of their own. Which I’m glad they are. For one thing, it echoes my own belief that companies must pick up the digital pace for their EHS and compliance operations. But more than that, consistently positive compliance and business outcomes are how Encamp views the merits of EHS digital transformation — or in our case, the environmental aspect of EHS and what we call environmental digital transformation.

Encamp CEO and Co-founder Luke Jacobs

Thankfully the interest in environmental digital transformation is spreading. With digital transformation in general being recognized as a strategy since 2015, many businesses have discovered its value and extended digital technologies and practices to their environmental compliance efforts. Many others, however, are just starting on the digital journey for EHS. 

Luke Jacobs, Encamp CEO & Co-founder

Investing in Tomorrow, Today 

Answering the question for digitalization in EHS

It’s encouraging that more EHS leaders are asking how a digital strategy can impact compliance processes and outcomes. But the more pressing question is typically, “How do we start?,” which doesn’t always have a clear-cut answer. 

One article on EHS digital strategies puts an answer in motion. The article’s author is Rebecca Dabbs, a Climate Change and Sustainability Services partner at consulting firm Ernst & Young (EY), and she makes some excellent points about digital technologies in EHS.

“It is not the role of EHS professionals to know it all,” Dabbs says in her article’s final assessment. “Instead, those seeking to leverage digital technology to improve EHS should understand their needs and strategically engage support as required. This includes seeking out trusted advisors who understand the elements required for success. Accessing the right support to achieve successful initiatives, and to build an integrated digital architecture, is critical.”

Some EHS leaders might call it an environmental digital transformation epiphany. A call to action, perhaps. But let’s also be realistic about the transformational scope required to achieve better EHS process outcomes for environmental compliance. 

Because as Dabbs also points out in her article, “There are no simple solutions; one size does not fit all and one shiny, new gadget is not going to lead to long-term improvement.”

The simple math of compliance

Before founding Encamp, I worked in the environmental consulting world and was constantly buried in compliance reporting. And like most anyone who’s ever filed a Tier II report, I always thought the process was basically a mess of endless tasks and data… with no rhyme or reason to any of it. Ironically, though — and what truly reveals compliance reporting as being harder than it needs to be — is that the framework of compliance itself is really quite simple. I call this, accordingly, the “simple math of compliance.”

Compliance is a function of facilities across discrete jurisdictions
that define requirements applicable to operations that have
environmental impact.
 

Now think of how digital technologies fit into this equation. With no universal playbook on how to implement and optimize such technologies for compliance functions, knowing where to start on the transformation path isn’t easy. 

Obviously, it helps if an organization already has an existing digital foundation for other business functions. But even then, integrating digital technologies for EHS and compliance operations in particular can be a puzzle with no discernible starting point. 

Guided Environmental Compliance

So here’s the next question for EHS leaders: 

“What can our environmental operations do to successfully plan and adopt environmental digital transformation across our organization?”

Encamp has been fortunate enough to work with well-recognized businesses in industries of all kinds, and based on the steps many of them have taken in their own digital journey, we’ve formulated a method we call Guided Environmental Compliance.

The 5 steps to environmental digital transformation

eBook, Guided Environmental Compliance

You can read all about the method in our interactive eBook Guided Environmental Compliance, but the gist of its five core steps are in the following chart.

And don’t think of these steps in terms of starting from scratch. Think of them as unlocking more of the digital energy your organization likely already has in place.

 

Encamp's 5 steps to environmental digital compliance

A digital path to compliance simplification

The principle of Guided Environmental Compliance is that environmental digital transformation brings a simplified method to the complexities of compliance and reporting. As your organization integrates digital technology into its compliance program areas, it empowers EHS and operations teams to centralize information, make data more visible, construct a continuous and auditable data collection process, and ultimately gain central control over your entire compliance program. 

Several businesses that incorporate Encamp’s technology into their digital strategy, in fact, have extended our method’s framework to compliance stakeholders throughout their organization, including at the executive level.

In effect, the digital simplification path runs from gathering and validating data to submitting final reports, and taking our method’s transformational steps makes the most immediate impact toward realizing continual compliance and strategic sustainable value. 

It’s also how organizations effectively join Encamp’s mission to, as we say, create a world where good for business can equal good for the environment.

Where and how to start

From my own experience, gaining a better understanding of your organization’s environmental compliance requirements and goals is a top prerequisite for any environmental digital transformation. 

As part of their digital strategy assessment, EHS leaders should consider all the places technology would fit within their compliance management requirements to make goals more achievable, especially from an end-user’s perspective. For instance, how might solutions like digitalized processes for data collection make data management and reporting functions more efficient for an EHS team? (Answer: No more time-robbing manual work and human error. Processes become easier to automate, standardize, and repeat from one reporting year to the next. Subsequently, process consistency improves the quality and accuracy of your data, along with your trust in it.)  

Compliance goals naturally vary from one organization to another for its EHS and compliance operations. But to reiterate the five steps in Encamp’s Guided Environmental Compliance method, most organizations we work with cite the need to establish compliance foundations and a continuous data collection process. Automating the compliance reporting process, including receiving regulatory updates and notifications, is also a primary aim. 

Ultimately, when you’re weighing long-term strategic EHS and sustainability value for your organization, a final step — and key goal — is to unify compliance processes across all of your organization’s applicable program areas for continual compliance. 

High-tech solutions and high-touch support

After determining your requirements and goals for environmental digital transformation, a strategy requires formulating a course of action, both with your organization’s IT team and a valued digital technology partner. Of specific note here, the more this digital technology partner can guide you, the better the plan. 

Understandably, the adoption of digitalization in EHS is often met with fear of the unknown, which is often the case for any digital transformation effort. As you strategize and assemble your foundation for environmental digital transformation, having the right experts dedicated to overcoming current and future challenges is absolutely vital. Long-term, a knowledgeable digital technology partner can help prepare your organization to see ahead and successfully manage change.

Fundamentally, Guided Environmental Compliance blends this kind of high-touch expert support and high-tech solutions to transform compliance programs and human processes into a technology-driven system. The system is intrinsic to your organization’s own environmental operations, cementing the digital foundation you create to achieve accurate and ongoing environmental compliance. 

Also because organizations grow and add or acquire more facilities, this foundation scales appropriately when needed.  

This is why our guided method applies a data-driven paradigm to transform environmental compliance on an ongoing basis, a first principles approach that inspired the founding of Encamp in 2017, and that continues to influence us now.  

A relational database and operating system 

At its core, our method builds the relational database and operating system for your environmentally relevant operating data. Or in simple-math-of-compliance terms, you get a unified data system to manage the endless mess of tasks and data with a clear path and understanding. 

Compliance support from EHS industry veterans

Providing a great customer experience and helping customers achieve their goals is one of Encamp’s benchmarks and has been since we started. Central to the Guided Environmental Compliance method are our own environmental compliance experts, who can help a business’s environmental operations untangle a web of data, standardize processes, and preserve institutional knowledge. They also help align all of this into a compliance program that works across multiple facilities, states, and operational systems. 

I’m proud to say the compliance experts at Encamp are EHS industry veterans who were previously environmental supervisors, managers, scientists, engineers, state regulators, and consultants. As they like to say, “We’ve been there,” and they mean it.

Our Vision Beyond Environmental Digital Transformation  

I’ll reiterate Encamp’s mission here because I truly believe in it: We’re out to create a world where good for business can equal good for the environment. By making environmental compliance faster, simpler, and more accurate, we align incentives between regulated industry and regulators, and especially the public. Going forward, this will continue to make for a healthier and safer environment. 

For businesses, It will reduce compliance costs and risk. And for regulators, it will give them the data that’s most critical to effectively achieving public policy goals to protect the world in which we live.

Finally, in building the unified data system for environmental information, we’ll continue to help companies unlock strategic sustainability and drive continual compliance. As they do, they’ll continue to align business outcomes with social responsibility, and become better stewards of the environment.

Chat again soon,

Luke

The Emergency Planning and Community Right-to-Know ActEPCRA — was passed in 1986 in response to chemical-related safety and environmental concerns in communities throughout the U.S. Specifically, the concerns stemmed from hazardous chemicals stored and handled in facilities located in these local communities. 

EPCRA in simple terms

Since 2018, Encamp’s Tier II Reporting software for section 312 EPCRA compliance has made us the EHS industry’s largest third-party filer of Tier II reports. Compliance reporting is also one of the critical steps in Encamp’s Guided Environmental Compliance method that integrates digital technology into compliance program areas to centralize information, make data more visible, and build a continuous and auditable process for EHS operations. This guided method also blends Encamp’s high-tech software with the high-touch support of our compliance experts, who know the in’s and out’s of EPCRA and its sections that set regulatory provisions for regulated facilities within a local jurisdiction.

Yet given the complexities of EPCRA, we get questions about it virtually every day. Especially for Tier II and reporting, here’s what you should know about EPCRA… in simple terms. Call it our way of helping you and your EHS team avoid the common reporting errors we see companies make every year in their Tier II filings. 

Glossary

Why is the “Community-Right-to Know” section of EPCRA so important?

Community Right-to-Know provisions help increase the public’s knowledge and access to information on chemicals stored at individual facilities, their uses, and releases into the environment. States and communities, working with facilities, use the information to improve chemical safety and protect public health and the environment.

SERC, TERC and LEPC roles

Gotta love all the acronyms, right? At the state level is a State Emergency Response Commission (SERC), or where applicable, a Tribal Emergency Response Commission (TERC). A Local Emergency Planning Committee (LEPC) resides on the local level in each community within a state.

The duties of SERCs and TERCs

The SERC supervises and coordinates the activities of the LEPC, establishes procedures for receiving and processing public requests for information collected under EPCRA, and reviews local emergency response plans. In regards to TERCs, the Chief Executive Office of the Tribe appoints the commission’s members; TERCs have the same responsibilities as SERCs.

What LEPCs do

LEPCs are composed of local officials including police, fire, civil defense, public health, transportation, and environmental professionals. Also serving on these committees are representatives of facilities subject to the emergency planning requirements, as well as community groups and the media. LEPCs must develop an emergency response plan, review it annually (at a minimum), and provide information about chemicals stored or used in the community to local citizens.

EPCRA sections and their four key provisions

EPCRA entails four core responsibilities for chemical use and storage, classified by sections. These sections apply to all regulated facilities within a local jurisdiction.

A fifth EPCRA section is section 322, Trade Secrets. For companies that wish to claim trade secrets for chemicals reported under EPCRA, EPA requires a facility to submit a substantiation to justify the claim of trade secrecy as specified in Title 40 of the Code of Federal Regulations (CFR), parts 350 to 372. The section 322 form has four parts:

See EPA’s EPCRA website for more in-depth sections information, frequently asked questions, and guidance documents.

Tier II falls under EPCRA section 312 

Tier II reporting is housed under EPCRA section 312. For regulated facilities, the requirements of this section dictate that facilities submit an annual inventory of hazardous chemicals onsite that surpass a stated quantity threshold. Thresholds are federally mandated, but can be superseded by state or local requirements. Chemical inventories are submitted to the facility’s SERC (or TERC), LEPC, and local fire department.

Section requirements in more detail

Sections 301-303, Emergency Response plan guidelines 

LEPCs are tasked with emergency response planning and notification for their communities, which directly involves the facility that stores extremely hazardous substances. You must comply if your facility meets the following conditions:

  1. Any EHS is present in an amount equal to or greater than its threshold planning quantity (TPQ).
  2. Has been designated for emergency planning purposes, after public notice and opportunity for comment, by the SERC, State Governor, or the Chief Executive Officer of the Tribe for the Indian Tribe under whose jurisdiction your facility is located

Emergency Response plans contain information that community officials can use at the time of a chemical accident.

A response plan report must include:

  1. Emergency planning notification
  2. A designated facility emergency coordinator
  3. Changes relevant to emergency planning
  4. Requested information if the LEPC requests it

Section 304, emergency notification guidelines

Emergency notification reports must be submitted immediately to officials at both the local (LEPC) and state (SERC, TERC) levels whenever a facility accidentally releases hazardous substances and/or EHSs. 

Substances include any of the EPA’s listed types of chemicals in an amount equal to or greater than its reportable quantity.

Regulated chemicals include ammonia and hydrogen peroxide and any substance in Appendix A of the EPA hazardous substances list, or formaldehyde, nicotine, and any substance included in Appendix B.

An emergency notification report must include:

  1. The chemical name
  2. An indication of whether the substance is extremely hazardous
  3. An estimate of the quantity released into the environment
  4. The time and duration of the release
  5. Whether the release occurred into air, water, and/or land
  6. Any known or anticipated acute or chronic health risks associated with the emergency, and where necessary, advice regarding medical attention for exposed individuals
  7. Proper precautions, such as evacuation or sheltering in place
  8. Name and telephone number of contact person

Sections 311-312, thresholds and reporting requirements

Again, Tier II reporting is a section 312 requirement. Per Occupational Safety and Health Administration (OSHA) regulations, facilities must maintain an MSDS or SDS for any hazardous chemical used or stored in the workplace. 

Regulated chemicals:

Note that these guidelines apply at the federal level. States may have a lower threshold.

  1. EHSs listed in Appendix A and Appendix B with a TPQ of 500 lbs or less
  2. Gasoline at a retail gas station, with a threshold level of 75,000 gallons
  3. Diesel fuel at a retail gas station, with a threshold level of 100,000 gallons
  4. All other hazardous chemicals with a TPQ of 10,000 pounds.

A Tier II report must include:

  1. The chemical name or the common name as indicated on the MSDS or SDS
  2. An estimate of the maximum amount of the chemical present at any time during the preceding calendar year and the average daily amount
  3. A brief description of the manner of storage of the chemical
  4. The location of the chemical at the facility
  5. An indication of whether the owner of the facility elects to withhold location information from disclosure to the public

Section 313, Toxics Release Inventory (TRI) guidelines

As a mandatory program for toxic chemical releases and pollution prevention activities reported by industrial and federal facilities, TRI typically applies to larger facilities involved in manufacturing, chemical manufacturing, or hazardous waste treatment. Currently, more than 21,000 facilities around the U.S. are subject to TRI requirements, which is determined by your facility’s NAICS Code, number of full-time employees, and chemical thresholds. 

Verify if your facility is a TRI-covered industry

In all, TRI examines wastewater discharges, air emissions through stacks, air flow through doors and windows (fugitive air release), off-site transfer of waste or by-products to landfills or recycling facilities, and surface water discharge like storm water. TRI reports are due annually on July 1st.

Regulated chemicals:

Chemicals covered by the TRI program are those that cause cancer or other chronic human health effects, significant adverse acute human health effects, and significant adverse environmental effects. See TRI chemical changes as of January 2022.

Additional EPA resources

List of Lists

Updated Tier II forms and instructions

State-specific Tier II reporting instructions and procedures

Important schedules and due dates

Note that these are federal schedules. For sections 302 and 304, states may have more stringent timelines.

Transforming the way enterprises stay in compliance 

Encamp is on a mission to create a world where good for business can equal good for the environment. We help enterprises transform compliance programs and human processes into a technology-driven system that lays the foundation for accurate and ongoing environmental compliance through a blended method of intelligent high-tech solutions and high-touch expert support.

The EPA guidelines on how lead-acid batteries are to be reported for EPCRA and Tier II reporting can be one of the most confusing aspects of environmental compliance. For instance, do compliance and operations teams and facilities report a lead-acid battery as a mixture, or as a component?

Adding to the complexity, certain states like Texas, California, and Oregon, have published their own reporting guidance for lead-acid batteries, so it’s no wonder confusion reigns over issues such as the mixture-or-component question. 

Lead-Acid Batteries: The Ultimate Reporting Guide 

Encamp has just published the 2nd edition of its Lead-Acid Batteries: The Ultimate Reporting Guide, and it answers the most common Tier II questions about lead-acid batteries for you. Where do these batteries fit in the on-site chemical inventory and threshold equation for Tier II reporting? What should the notification include when you report damaged lead-acid batteries? And of course, how do you settle the mixture or component issue? — which we’ve detailed here.

 

Mixture reporting vs. component reporting

According to EPA, there are two ways of reporting lead-acid batteries for Tier II. The agency’s recommended approach states that a facility should be consistent in reporting between 311 (SDS Reporting) and 312 (Chemical Inventory Reporting). EPA also states that the submission of the Tier II form can be used for 311 purposes for hazardous chemicals brought on-site between October 1 and December 31 of a calendar year, although you must confirm this with your SERC and LEPC.

For 311, when a new chemical is brought or produced on-site and it exceeds its threshold:

Based on EPA’s guidance, reporting between 311 and 312 should be consistent:

Mixture reporting

When reporting lead-acid batteries as a mixture, be sure to include physical and health hazards associated with every mixture component listed on the SDS. Depending on what state your facility is in and what reporting system they have chosen to use, you may have to report the overall mixture as an Extremely Hazardous Substance (EHS) or the mixture component (sulfuric acid, in this case) as an EHS.

Tier2 Submit

If you’re required to use EPA’s Tier2 Submit software to file your Tier II report, here’s what your lead-acid battery will look like reported as a mixture.

EHS is marked as Yes because EPA requires the overall chemical to be marked as an EHS if one of the mixture components is an EHS.

E-plan

If your SERC uses E-plan for submissions, the system will require the overall chemical to be marked as an EHS, just like Tier2 Submit. Below is an excerpt from the E-plan instructions.

Tier II Manager

If your SERC (or LEPC) uses Tier II Manager as their portal, you have the option of indicating that the lead-acid batteries contain an EHS and that it exceeds the TPQ. Below is a screenshot from a Tier II Manager report.

Component reporting

If you decide to report the sulfuric acid separately, the reporting is a little more straightforward. Since sulfuric acid is an EHS, you will simply check the EHS box on whichever system your SERC uses.

Transforming the way enterprises stay in compliance 

Encamp is on a mission to create a world where good for business can equal good for the environment. We help enterprises transform compliance programs and human processes into a technology-driven system that lays the foundation for accurate and ongoing environmental compliance through a blended method of intelligent high-tech solutions and high-touch expert support.

When our CEO and co-founder Luke Jacobs was asked recently what surprised him most about starting Encamp, his response was this:

“I’ve learned that starting and growing a company and innovating in a specific field takes years — but that, in time, it’s possible to make incredible progress.”

After introducing the groundbreaking Encamp technology in 2018 to make environmental compliance data management more efficient and reporting more accurate, our company’s trajectory has indeed been “incredible.” And in 2021, delivering for our customer’s success has never been more evident. 

2021 By the Numbers

For EPCRA compliance and Tier II reporting, customers used our solutions to prepare and file 3,761 reports for reporting year 2020… and collectively saved 32,047 hours in people hours to do it.

More impressively, our company’s growth in 2021 was marked by a 500% increase in ARR and 200% increase in people growth, setting the stage to more than double both areas by the end of 2022. Additionally on the growth front, Encamp expanded its customer scope throughout 2021 by closing four Fortune 500 customers, two customers from the Fortune 1000, two Global 500 customers, and one new customer from the Global 1000.

“Encamp is fortunate to have an elite team of experts who are passionate about creating software that supports our customers’ environmental endeavors with next-generation technology,” Jacobs said in announcing Encamp’s 2021 accomplishments. “Environmental compliance is essential, yet the need for efficient, purposeful, and data-driven technology for regulatory reporting continually goes unnoticed. We are trailblazing a solution for this untouched space, and our continued growth is a testament to closing the gap in compliance reporting.”

In all, Encamp’s success throughout 2021 reinforced our position as a
premier technology-driven system for environmental compliance and reporting. We also made definitive strides in our mission to create a world where good for business can equal good for the environment.

Notable Encamp Achievements in 2021

Funding and leadership

In April, Encamp secured $12M in our Series B funding to further develop our technology platform and add key members to our strategic teams for leadership, engineering, customer experience, compliance, sales, marketing, and others. 

Key additions in 2021 included Ki Moon as Vice President of Revenue Operations, Samantha Strube as Head of People, Pauline Chen as Head of Product, and industry veteran Heather Shanahan, CPA as Chief Financial Officer. Heather in particular brings an 18-year track record from accounting and finance roles at tech firms including Wistia, Venture Advisors, and inStream, and will focus on strategic planning and financial reporting to scale Encamp’s operations.

“Encamp created a software to help modernize the way companies think about environmental compliance, and I’m excited to use my background in finance leadership to help the company grow and scale to further solve the needs of Encamp’s customers,” Shanahan said.

More trees planted thanks to Encamp customers

In 2019, we aligned with the non-profit organization One Tree Planted to plant a tree for every Tier II compliance report our customers file through the Encamp system. With the 3,761 Tier II reports submitted in 2021 (for reporting year 2020), the total number of new saplings planted via Encamp reached 11,159 — a number that will continue to grow substantially as our number of happy customers increases. Many Encamp employees also donated to the One Tree Planted cause in 2021, with our particular efforts aiding in the reforestation of areas of California affected by recent wildfires. (Look for the number of trees planted to increase even more dramatically once we wrap up Tier II reporting year 2021.)

Awards and recognitions

We’re extremely proud of the awards and recognitions we’ve received since Encamp started, and in 2021 we added a few more. They include:

Technology enhancements

All of us at Encamp are committed to continually developing our technology to encompass all regulations and requirements for environmental compliance reporting within an enterprise, with customer success constantly in mind. In 2021, our amazing team of Encampers took more steps in that direction with the following feature enhancements:

Encamp’s Strengths Entering 2022 

According to Jacobs, “From a financial perspective, our net revenue retention is absolutely amazing. The fact that Encamp has 6- and 7-figure deals as a startup that’s only had employees for three years is a strong underlying signal of the enterprise value we deliver. As environmental regulators continue to transition towards digital compliance systems, large enterprises will start to invest more heavily in the digital transformation of their environmental compliance programs at scale. Therefore, we believe the next year will be defined more prominently by the continued digitization of the environmental compliance lifecycle. 

“In 2022,” Jacobs added, “we’re excited to further leverage modern computer science techniques to not only drive the next generation of environmental compliance technology, but most importantly to provide transformational efficiency increases for our customers. Moreover with our enhanced Guided Environmental Compliance method, we’ll blend digitization, Encamp’s high-tech software, and the high-touch support of our customer experience and compliance experts to drive these increases for customers and promote compliance program unification for enterprises of all kinds.”  

Transforming the way enterprises stay in compliance 

Encamp is on a mission to create a world where good for business can equal good for the environment. We help enterprises transform compliance programs and human processes into a technology-driven system that lays the foundation for accurate and ongoing environmental compliance through a blended method of intelligent high-tech solutions and high-touch expert support.

Add Encamp CEO and co-founder Luke Jacobs to the Forbes 30 Under 30 class of 2022, where he’s been recognized in the category for Enterprise Technology

Members of the 30 Under 30 lists in their respective categories are selected based on factors ranging from funding and company revenue to social consciousness and impact, climate awareness, inventiveness in technology and services, and personal and business potential. Nominee shortlists are reviewed by each category’s four-judge panel of Forbes reporters, editors and invited experts, who then select the final 30 listees in their assigned category.

In marking the 10th year of the 30 Under 30 list, 70% of the 2022 members are founders or co-founders of companies — joining alumni like Daniel Ek, co-founder and CEO of Spotify, Whitney Wolfe Herd, who started Bumble, and Drew Houston, who co-founded Dropbox. Others on the 2022 list have introduced notable innovations that will seed emerging companies in the future. Collectively, the class of 2022 has also raised over $1 billion in funding for their entrepreneurial efforts.

Imagining a “new world” 

“Much of 2022 was being freshly created by this group back in 2012,” said Alexandra Wilson, the editor of Forbes Under 30. “Ten years from today, it’s a good bet we’ll all be living in a new world being imagined today by the entrepreneurs, innovators and entertainers that make up our 10th Anniversary class.”

As Jacobs said of his 30 Under 30 recognition, “It takes a village at Encamp. I appreciate everyone’s hard work to make the company successful and continue obsessing about our customers. We’re only at the beginning of this journey and I’m so proud of the work that we’re accomplishing together.”

Jacobs was also recently appointed to the Forbes Technology Council, an invitation-only organization for senior-level executives who are selected for their knowledge of and diverse experience in the tech industry.

Here in large part is why Forbes included Jacobs as a member of its prestigious 30 Under 30 list for 2022. 

The initial vision for Encamp

Jacobs, who earned his B.S. in Environmental Science, co-founded Encamp in 2017 after working as an EHS consultant for Fortune 10 companies and experiencing the inefficient processes of environmental compliance reporting. For decades, such reporting had been performed manually — and often inaccurately — using spreadsheets, paper records, and disjointed data management systems. Compliance data itself had also historically been questionable and poorly managed. 

The aim of Encamp was therefore to create technology to digitize reporting data, centralize and validate it, and automate the report submission process.  

“My thinking was,” Jacobs said, “If we could make large enterprises even 1% more efficient in the way they manage compliance reporting, the impact of that is vast at scale.” Just as he envisioned, Encamp has become an operations company born from the compliance management technology it created. 

Using the Encamp platform, companies efficiently move packets of data from their regulated facilities to their environmental operations teams and compliance professionals for reporting. Encamp further creates a traceable “paper trail” to know where data comes from and increase data visibility to gauge and ensure its quality. 

In effect, Encamp’s technology is the unifying data speck that enables companies to mitigate the risks of reporting errors and non-compliance violations, a claim supported by the EHS analysts at Verdantix in their recently published Encamp Case Study Report

Encamp’s ongoing mission is to create a world where
good for business can equal good for the environment. 

On environmental sustainability and ESG

Some of the other reasons Forbes selected Jacobs for their 30 Under 30 2022 list are his views on how enterprise technology, the environment, sustainability, and compliance reporting intersect in the business world. We asked him about his thoughts on sustainability and ESG in particular.

What important message do you think should businesses share when it comes to environmental sustainability?

Jacobs: Businesses should definitely focus on transparent reporting and knowing where their data comes from and where it lives. The ability to measure the progress of their sustainability initiatives offers greater clarity for investors and better decision making for the business itself, especially ones that are consciously addressing their impact on the climate. 

How can companies make their data accessible for environmental sustainability? 

Jacobs: Sustainability and making data readily accessible is a must, which in turn makes digitizing sustainability data vital. When environmental compliance data pipelines are digitized and standardized, it improves data collaboration and accessibility. Ultimately this lets businesses provide transparent, honest data to investors and consumers as well as the general public.

Do you think there’s a lag in making this data accessible, and if so, why?

Jacobs: Sustainability starts by knowing where your data comes from and where it lives. A business’s holy grail is the data they collect, manage, and interpret, and the data accessibility issues we see most at Encamp are businesses not knowing where their data is. When this happens, it typically results in inconsistent reporting metrics across the organization, and data that’s inaccurate and of poor quality.

How can businesses use ESG sentiments to measure sustainability or evolve their brand?

Jacobs: Organizations can benefit from ESG sentiments in their brand by empowering the company and employees to get involved with sustainability initiatives, both internally and externally. At Encamp, for instance, we’ve aligned with non-profits such as One Tree Planted to plant a tree for every Tier II compliance report we file on behalf of our customers. We’ve already surpassed 18,000 trees, and we know the number will continue to grow substantially as we increase our customer base. Many of our employees even donate to the One Tree Planted cause, and we constantly encourage them to volunteer for other similar mission-driven environmental efforts. 

Measuring these efforts and making them visible adds to the momentum necessary for effective sustainability programs. It also evolves a company’s brand to genuinely reflect the desire to make an impact on an individual and corporate level. 

Would you say environmental compliance is the backbone of beating climate change?

Jacobs: Environmental compliance is essential to combating climate change, particularly in making large-scale action involving corporations possible to protect the environment. We must continue to translate global climate initiatives into regulations that establish compliance requirements for businesses and countries to abide by, track towards, and regularly report on.

At the same time, companies and their EHS and Operations teams must take a more proactive approach to compliance itself, which we talk about in Encamp’s eBook on Proactive Environmental Compliance.

On starting Encamp, its strengths, and staying inspired

What surprised you most about starting a company? 

Jacobs: One of my mentors told me early into building Encamp that you’re always going to overestimate what you can accomplish in one year, and underestimate what you can accomplish in five years. I’ve been surprised by how true that has been. A year after co-founding Encamp, we had achieved less than I had expected. Now we’re four years in, and we’ve accomplished more for our customers and as a company. I’ve really learned that growing a company and really innovating in a field takes years — but after multiple years it’s possible to make incredible progress.

What do you feel is Encamp’s biggest strength right now? 

Jacobs: From a financial perspective, our net revenue retention is absolutely amazing. The fact that Encamp has 6- and 7-figure deals as a startup (that’s only had employees for three years) is a strong underlying signal of the enterprise value we deliver. From a solutions perspective, Encamp has process power in how we’re thinking about environmental compliance from a first principles perspective and leveraging next generation technology to create order of magnitude efficiency increases at scale for our customers.

Guided Environmental Compliance eBookWe’re a technology company competing in a managed service provider space, and by automating compliance reporting and building digital transformation tools and practices into the process, we have a lot of competitive differentiating abilities compared to a consulting firm. Those two aspects of Encamp are extremely strong and provide a ton of value to our customers, as does our Guided Environmental Compliance method that blends our high-tech software with the high-touch support of our compliance and technology experts. We explain the method in our Guided Environmental Compliance eBook.

What qualities and skills do you look for in emerging leaders?

Jacobs: In a startup, being a self starter is the most important trait of a leader. It’s not corporate. There’s not an established playbook. Lots of things are ambiguous because you’re continuing to ideate them out and make them real. Another principal quality of an emerging leader is a real desire to lead, not because you want to be “the leader” or have a title, but because you sincerely want to help guide and grow organizational functions. Being a good communicator and listener and possessing general intelligence never hurts, either.

Many entrepreneurs turn to mentors at some point in their journey. How do you view mentorship?

Jacobs: Most people, especially if they’re further along in their career, love to help entrepreneurs who are putting themselves out there. Even before starting Encamp, I’ve always focused on getting mentors to discuss my ideas with them and hear their thoughts. The knowledge they have is invaluable, and mentors are vital to your own self-discovery and self-drive. 

Final question. How do you stay inspired?

Jacobs: I try to find the things I really enjoy about the process of building Encamp and changing how companies manage their compliance operations and the process of compliance reporting. We truly have introduced a better way of managing data and reporting that for decades was an archaic manual process. So I always try to see this bigger picture and realize I’m much more satisfied being on this journey than not. Building a company is a marathon, not a sprint, and it’s changed how I prioritize my life and my day.

Transforming the way enterprises stay in compliance 

Encamp is on a mission to create a world where good for business can equal good for the environment. We help enterprises transform compliance programs and human processes into a technology-driven system that lays the foundation for accurate and ongoing environmental compliance through a blended method of intelligent high-tech solutions and high-touch expert support.

The Emergency Planning and Community Right-to-Know ActEPCRA — was passed in 1986 in response to chemical-related safety and environmental concerns in communities throughout the U.S. Specifically, the concerns stemmed from hazardous chemicals stored and handled in facilities located in these local communities. 

EPCRA in simple terms

Since 2018, Encamp’s Tier II Reporting software for section 312 EPCRA compliance has made us the EHS industry’s largest third-party filer of Tier II reports. Compliance reporting is also one of the critical steps in Encamp’s Guided Environmental Compliance method that integrates digital technology into compliance program areas to centralize information, make data more visible, and build a continuous and auditable process for EHS operations. This guided method also blends Encamp’s high-tech software with the high-touch support of our compliance experts, who know the in’s and out’s of EPCRA and its sections that set regulatory provisions for regulated facilities within a local jurisdiction.

Yet given the complexities of EPCRA, we get questions about it virtually every day. Especially for Tier II and reporting, here’s what you should know about EPCRA… in simple terms. Call it our way of helping you and your EHS team avoid the common reporting errors we see companies make every year in their Tier II filings. 

Glossary

Why is the “Community-Right-to Know” section of EPCRA so important?

Community Right-to-Know provisions help increase the public’s knowledge and access to information on chemicals stored at individual facilities, their uses, and releases into the environment. States and communities, working with facilities, use the information to improve chemical safety and protect public health and the environment.

SERC, TERC and LEPC roles

Gotta love all the acronyms, right? At the state level is a State Emergency Response Commission (SERC), or where applicable, a Tribal Emergency Response Commission (TERC). A Local Emergency Planning Committee (LEPC) resides on the local level in each community within a state.

The duties of SERCs and TERCs

The SERC supervises and coordinates the activities of the LEPC, establishes procedures for receiving and processing public requests for information collected under EPCRA, and reviews local emergency response plans. In regards to TERCs, the Chief Executive Office of the Tribe appoints the commission’s members; TERCs have the same responsibilities as SERCs.

What LEPCs do

LEPCs are composed of local officials including police, fire, civil defense, public health, transportation, and environmental professionals. Also serving on these committees are representatives of facilities subject to the emergency planning requirements, as well as community groups and the media. LEPCs must develop an emergency response plan, review it annually (at a minimum), and provide information about chemicals stored or used in the community to local citizens.

EPCRA sections and their four key provisions

EPCRA entails four core responsibilities for chemical use and storage, classified by sections. These sections apply to all regulated facilities within a local jurisdiction.

A fifth EPCRA section is section 322, Trade Secrets. For companies that wish to claim trade secrets for chemicals reported under EPCRA, EPA requires a facility to submit a substantiation to justify the claim of trade secrecy as specified in Title 40 of the Code of Federal Regulations (CFR), parts 350 to 372. The section 322 form has four parts:

See EPA’s EPCRA website for more in-depth sections information, frequently asked questions, and guidance documents.

Tier II falls under EPCRA section 312 

Tier II reporting is housed under EPCRA section 312. For regulated facilities, the requirements of this section dictate that facilities submit an annual inventory of hazardous chemicals onsite that surpass a stated quantity threshold. Thresholds are federally mandated, but can be superseded by state or local requirements. Chemical inventories are submitted to the facility’s SERC (or TERC), LEPC, and local fire department.

Section requirements in more detail

Sections 301-303, Emergency Response plan guidelines 

LEPCs are tasked with emergency response planning and notification for their communities, which directly involves the facility that stores extremely hazardous substances. You must comply if your facility meets the following conditions:

  1. Any EHS is present in an amount equal to or greater than its threshold planning quantity (TPQ).
  2. Has been designated for emergency planning purposes, after public notice and opportunity for comment, by the SERC, State Governor, or the Chief Executive Officer of the Tribe for the Indian Tribe under whose jurisdiction your facility is located

Emergency Response plans contain information that community officials can use at the time of a chemical accident.

A response plan report must include:

  1. Emergency planning notification
  2. A designated facility emergency coordinator
  3. Changes relevant to emergency planning
  4. Requested information if the LEPC requests it

Section 304, emergency notification guidelines

Emergency notification reports must be submitted immediately to officials at both the local (LEPC) and state (SERC, TERC) levels whenever a facility accidentally releases hazardous substances and/or EHSs. 

Substances include any of the EPA’s listed types of chemicals in an amount equal to or greater than its reportable quantity.

Regulated chemicals include ammonia and hydrogen peroxide and any substance in Appendix A of the EPA hazardous substances list, or formaldehyde, nicotine, and any substance included in Appendix B.

An emergency notification report must include:

  1. The chemical name
  2. An indication of whether the substance is extremely hazardous
  3. An estimate of the quantity released into the environment
  4. The time and duration of the release
  5. Whether the release occurred into air, water, and/or land
  6. Any known or anticipated acute or chronic health risks associated with the emergency, and where necessary, advice regarding medical attention for exposed individuals
  7. Proper precautions, such as evacuation or sheltering in place
  8. Name and telephone number of contact person

Sections 311-312, thresholds and reporting requirements

Again, Tier II reporting is a section 312 requirement. Per Occupational Safety and Health Administration (OSHA) regulations, facilities must maintain an MSDS or SDS for any hazardous chemical used or stored in the workplace. 

Regulated chemicals:

Note that these guidelines apply at the federal level. States may have a lower threshold.

  1. EHSs listed in Appendix A and Appendix B with a TPQ of 500 lbs or less
  2. Gasoline at a retail gas station, with a threshold level of 75,000 gallons
  3. Diesel fuel at a retail gas station, with a threshold level of 100,000 gallons
  4. All other hazardous chemicals with a TPQ of 10,000 pounds.

A Tier II report must include:

  1. The chemical name or the common name as indicated on the MSDS or SDS
  2. An estimate of the maximum amount of the chemical present at any time during the preceding calendar year and the average daily amount
  3. A brief description of the manner of storage of the chemical
  4. The location of the chemical at the facility
  5. An indication of whether the owner of the facility elects to withhold location information from disclosure to the public

Section 313, Toxics Release Inventory (TRI) guidelines

As a mandatory program for toxic chemical releases and pollution prevention activities reported by industrial and federal facilities, TRI typically applies to larger facilities involved in manufacturing, chemical manufacturing, or hazardous waste treatment. Currently, more than 21,000 facilities around the U.S. are subject to TRI requirements, which is determined by your facility’s NAICS Code, number of full-time employees, and chemical thresholds. 

Verify if your facility is a TRI-covered industry

In all, TRI examines wastewater discharges, air emissions through stacks, air flow through doors and windows (fugitive air release), off-site transfer of waste or by-products to landfills or recycling facilities, and surface water discharge like storm water. TRI reports are due annually on July 1st.

Regulated chemicals:

Chemicals covered by the TRI program are those that cause cancer or other chronic human health effects, significant adverse acute human health effects, and significant adverse environmental effects. See TRI chemical changes as of January 2022.

Additional EPA resources

List of Lists

Updated Tier II forms and instructions

State-specific Tier II reporting instructions and procedures

Important schedules and due dates

Note that these are federal schedules. For sections 302 and 304, states may have more stringent timelines.

Transforming the way enterprises stay in compliance 

Encamp is on a mission to create a world where good for business can equal good for the environment. We help enterprises transform compliance programs and human processes into a technology-driven system that lays the foundation for accurate and ongoing environmental compliance through a blended method of intelligent high-tech solutions and high-touch expert support.

Rule #1 for EPCRA, Tier II reporting, and environmental compliance: Accurate data is everything

Consider Tier II activities this way. If you break down the process by data management tasks, the Tier II lifecycle for reporting typically consists of four phases: 

So ultimately, how you track and manage data can be the difference between filing complete and accurate EPCRA Tier II submissions on time… or facing non-compliance violations for reports that are late and full of errors. 

Central to Encamp’s Guided Environmental Compliance method

Data management is also central to the Guided Environmental Compliance method from Encamp. To improve data visibility and control, the method promotes establishing a strong foundation for compliance data and creating a continuous data collection process as initial steps. And by blending digitization, high-tech solutions and the high-touch support of Encamp’s compliance experts in a technology-driven system, Guided Environmental Compliance tightly and continually aligns with the Tier II lifecycle. 

A better way to approach Tier II work

For EHS and Operations teams, taking a lifecycle approach to Tier II work makes it easier to manage the actual tasks of data collection, validation, input, and submission. Yet each phase can still be a challenge in and of itself. 

All four “challenges” were magnified in calls Encamp had recently with prospective customers, which included: 

Based on the conversations we had with these EHS professionals (and hundreds of other interactions just like them), we’ve spelled out the Tier II lifecycle, key challenges that come with each phase (in the customers’ words), and how EHS and Operations teams can effectively navigate them. 

Each scenario further includes how Encamp’s Tier II Reporting module can help you enhance your company’s compliance program and reporting practices for EPCRA. (Encamp’s Guided Environmental Compliance method also builds on this lifecycle by blending our technology with the high-touch support of our compliance and regulatory experts.)

The Tier II Lifecycle

Data collection

“Our EPCRA reporting hasn’t reached the level of being supported as a corporate-wide function, so I collect all the data myself. I retrieve information each month to keep up, but it always takes a while to make sure I capture everything we have in inventory. Our chemicals list is already extensive, and we routinely have a lot of raw materials and finished goods to be added at each facility throughout the year.”

First, kudos to this EHS manager for gathering data on a monthly basis. Especially for data collection and validation, a good rule of thumb is to have compliance data ready to review the first week of January. (Note: The months and date ranges we’ve included are a general timeline for when reporting activities should occur to be most effective.)

Tier II Reporting module actions

“As far as your data collection goes, the earlier you can start the better.”
Megan Walters, CHMM, Encamp’s VP of Compliance & Customer Success

Data validation

“We represent various clients for Tier II, so every year we have to update and confirm the chemical list and inventory levels for each client. We typically do that in October and November and gauge it against the latest requirements for EPCRA, then do our validations after that. But with so many ‘moving pieces’ and no updates to a client’s chemical inventories during the year, we sometimes second guess how accurate data really is.”

Inaccurate data is often the result of chemicals and mixtures being reported inconsistently — and thereby incorrectly — along with human error and the lack of a formal QA/QC process to ensure data quality and hygiene. In fact, insufficient validation is one of the most common problems of Tier II reporting.

Tier II Reporting module actions

Data input 

“We have facilities in several different states and need something to help us keep track of what’s been submitted so we don’t miss any sites or their requirements. Tracking our Tier II submissions by email or Windows folders the way we do now, it gets messy.”

It’s surprising, but some companies don’t even realize EPA regulatory requirements like EPCRA Sections 311 and 312 apply to their sites, certain hazardous chemicals, and even components and mixtures for lead-acid batteries. Not surprisingly, this is another topmost common problem of Tier II reporting. 

Tier II Reporting module actions

Data submissions 

“Our goal is to reduce the time it takes to go through the process for submitting Tier IIs, and get to where we know we’re compliant across all facilities. And we won’t even mention having to send reports and pay fees to all the SERCs, LEPCs and local fire departments. It’s time consuming!” 

Tier II Reporting module actions

Transforming the way enterprises stay in compliance

Encamp is on a mission to create a world where good for business can equal good for the environment. We help enterprises transform compliance programs and human processes into a technology-driven system that lays the foundation for accurate and ongoing environmental compliance through a blended method of intelligent high-tech solutions and high-touch expert support.

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