“When you start getting into SERCs and LEPCs and their ever-changing requirements (for Tier II reporting), it’s almost impossible to keep up. And if you’re filing Tier II reports in 30 or 40 different states, you’re dealing with 30 or 40 different state systems. You have to figure out a better way to organize that data and information and be able to manage it consistently, repeatedly.” – Denton Bruce, Senior Director of EHS for Bunzl Distribution

Watch the webinar on-demand

Three Takeaways to Make Tier II Reporting Easier  

In An Insider’s Look at Tier II Reporting, Denton Bruce from Bunzl, Bob Johnson, Environmental Affairs Manager for Lennox International, and Marilia Sinigaglia, a Customer Service Manager at Encamp, recapped what their 2021 EPCRA reporting year involved and what made it a success. The popular event got direct interest from close to 250 EHS leaders and people in environmental compliance roles. 

With Bunzl Distribution maintaining more than 200 facilities across the U.S. and Lennox International operating 250 distribution locations in 40 states, our insiders discussed all the Tier II reporting hurdles they faced for RY 2021 and how they are overcoming them. 

Here are the three principal takeaways from the discussion.

Takeaway #1 – Maintain continual compliance throughout the year 

Along with the pandemic, constant changes to regulations and verifying their applicability for each facility have forced many companies to change how they manage EPCRA compliance. 

Critical new and updated regulations for EPCRA reporting over the years

Having expert partners who specialize in compliance issues like these helps EHS leaders manage change within their data management and reporting process. Also helpful is technology that signals regulatory updates via automated notifications and alerts. “Partnering with you guys (Encamp),” said Lennox’s Bob Johnson, “allowed us to shift a lot of the burden to somebody that specializes, or what I call ‘focuses on,’ that part of the data management process” to ensure continual compliance. 

Support like this lets leaders close their EHS books each month instead of waiting until Q1 to prepare for the March 1 Tier II reporting due date. 

Takeaway #2 – Collect and centralize compliance data to increase process control 

“The voracious appetite for data is a challenge,” Johnson said in regard to the compliance data he manages at Lennox. In general, data can range from facility profiles, chemical inventory lists and safety data sheets (SDSs) to regulatory contacts, including SERCs, LEPCs, and local fire departments. Creating a central database, or single source of truth, to manage this information and all sites is critical. These data collection best practices also help.

When you can also combine the portals from various states with a single reporting interface, all the better. “Standardization is key,” said Bunzl’s Bruce. For reporting data, “Encamp allowed us to (implement) standardized repeatable reporting that was very streamlined in a resource constrained environment.”

Takeaway #3 – Simplify how regulatory requirements for Tier II reporting are managed

Especially when businesses add or acquire facilities, regulatory requirements often multiply in state and local level complexity. “I think we added 15 to 20 new facilities,” Johnson said regarding the sites Lennox acquired in 2021. “And obviously some of those were in states that we hadn’t reported in before.”

With a common repository for compliance and regulatory data, EHS teams can build out new facility profiles, upload new site data, verify applicable EPCRA reporting requirements, and even manage how Tier II reporting fees are paid, among other functions. “They (Bunzl and Lennox) were able to send us the data from whatever system they used, and we manipulated that data to talk to our system,” said Marilia Sinigaglia of Encamp. “We led with empathy, and then constant communication,” she added. 

As Johnson said about one of Lennox’s new facilities, “Since we were partnered within Encamp, I didn’t have to dive deep and do a research thesis on reporting in West Virginia.”  

In an Encamp study for Tier II reporting year 2021, 62% of respondents gave a rating of 7 out of 7 when asked whether technology fulfilled their Tier II needs.

A final issue to think about: How long would it take to pull all the information you need for a full environmental compliance audit?

This web event and the EHS insiders who made it possible can help you begin to answer that question. Listen to the full webinar to see how they did it.

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.

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.

Credible and trustworthy data is central to an organization’s environmental compliance. Every day. Because for hazardous chemicals, hazardous waste, or both, state and local regulations don’t allow days off. The risk of disastrous events and the potential impact to the community and environment is too high — and too constant. 

In line with a business’s compliance program areas and Tier II reporting requirements, compliance information must therefore be consistently up to date, validated, complete, and accurate. Which means monitoring and collecting relevant data should be a continuous effort, right?

Unfortunately for many EHS operations, continuous data collection isn’t always doable, for notable reasons: Multiple facilities, often in different states. A shortage of trained EHS staff, particularly at the facility level, where non-EHS employees are forced to handle compliance tasks they’re not familiar with. But the biggest roadblock for gathering data is scattered data sources, the lack of a central database, and no established information flows or pipelines. 

The result is that data needed for environmental compliance isn’t always available. And when it isn’t, it can invite non-compliance and potentially costly penalties and reputational damage.

Achieving Continuous Environmental Compliance

A much stronger safeguard for environmental compliance is to build a centralized compliance foundation to manage and monitor data in one place — continually. Equally vital is a continuous data collection process tied to the compliance foundation you establish. The purpose of these measures is twofold:

  1. Businesses and their EHS teams drive continuous environmental compliance via a single source of truth specific to applicable program areas, and
  2. Should the business scale and add or acquire facilities, a compliance foundation’s course of persistent data collection and improved data management, quality, visibility, and control supports growth and continuous environmental compliance accordingly. 

These measures are also the first two steps of Encamp’s Guided Environmental Compliance method, which additionally introduces digital transformation to compliance data management and the reporting process.

From our experts: “Technology and best practices must work together” 

Although technology plays a key role in achieving continuous environmental compliance, best practices for data collection and building your respective compliance foundations are just as key. No one knows this better than Megan Walters, VP of Compliance & Customer Success at Encamp, and Eugene Simonds, Encamp’s Compliance Program Manager. They discuss the uppermost best practices for continuous environmental compliance in the sections that follow.  

Establish your environmental compliance foundations 

Without sound compliance foundations for your company’s program areas, according to Megan, the biggest problem for environmental compliance and reporting is poor data quality. The accuracy of information suffers due largely to data not being fully visible and monitored on a continuous basis. Subsequently, compliance reports that are inaccurate or incomplete because of unchecked or unvalidated data pose glaring risks for non-compliance — and for the financial, operational and reputational penalties that can come with it.

A worse outcome is that leaders across the organization begin to question whether environmental compliance efforts are able to meet the requirements of federal, state and local regulatory agencies. 

Building a reliable compliance foundation for each regulatory program area, whether EPCRA, RCRA, the Clean Air Act, or the Clean Water Act, should therefore become a priority for compliance operations. This is also a first step towards environmental digital transformation. 

Where technology and environmental digital transformation comes in

“Within a given compliance foundation, data should consist of all existing corporate, facility, and personnel information relating to that program area,” Eugene said. “Data should also be organized in a way that’s readily visible and available to those who need it, enterprise-wide.” 

Technology and environmental digital transformation come into play here in the form of digitized data and a single centralized system for managing compliance information. (Encamp is such a unified data system). When data is organized in one centralized location, the unified system serves as your organization’s single source of truth for compliance operations and continual environmental compliance alike. Within the system, digitized data is additionally more visible and easier to manage electronically.

For data collection and establishing a compliance foundation, Megan suggests making these best practices a staple of your compliance program:

For a centralized data system, also consider the various data it should house. According to Eugene, key data for continuous environmental compliance should include: 

(Note that when Encamp is your chosen data system, a dedicated Encamp Customer Success Manager (CSM) works with your environmental compliance and operations teams to collect existing data during initial onboarding. Centralizing data into the single Encamp portal then sets the tone for the system to become your compliance foundation for a particular program area.)

Greater control of environmental compliance information

“The premise of any unified data system and centralizing environmental compliance information is to increase control of your data, both in collecting it and in building compliance foundations,“ Eugene added. Encamp is built on this premise, and even extends control to being able to push compliance data to all relevant regulatory databases at a state or federal level. Completing this critical step means you no longer need to manually access or update information in individual state and federal systems, which can be especially time-consuming. 

For new facilities, scalability and best practices are built in

If your organization adds facilities (whether through company growth or acquisition), it’s important to have a robust and flexible system that scales and correspondingly makes changes to your compliance foundation, including all places in which data lives at a state and federal level. As an inherent change management system for all new sites, your environmental compliance operations are able to:

Technology research firm Gartner predicts that in 2022, 70% of organizations will rigorously track data quality levels, improving quality by as much as 60% to significantly reduce operational risks and costs.

Establish continuous data collection

“Collecting data for environmental compliance purposes is hard enough as it is” as Eugene also pointed out. “But when data lives in different locations such as spreadsheets and separate databases, information is harder to obtain in a sustained manner.” For compliance foundations and continual environmental compliance, this makes creating a constant, real-time data monitoring and collection process all the more critical. 

Eugene’s recommended top best practices to establish data collection on a continuous basis are to:  

Whereas you once had countless spreadsheets being passed around via email and internal drives, establishing a continuous data monitoring and collection process allows all relevant compliance data for each program area to be collected in a systematic and largely automated manner. 

“For environmental compliance in a continuous manner,” as Eugene said, “the end result is greater data visibility and control, with less effort and fewer errors.”

Standardizing the data collection process across all locations ensures that needed data is collected more accurately and in real time. According to a recent study, 66% of operations professionals cited automation as being key in reducing data errors.

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.

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.

Here’s how an environmental compliance calendar proves its value. 

Coca-Cola Consolidated is the largest bottler of Coca-Cola products in the United States with 12 manufacturing facilities across the country, some of which are recently-acquired sites. The company additionally maintains more than 70 distribution centers as part of its operations.

For environmental compliance, the company’s Environmental Affairs group oversees activities at multiple sites to ensure compliance with company standards as well as regulations including EPCRA. Among their tasks, the group prepares and submits all required Tier II compliance reports, conducts environmental assessments, and tracks environmental metrics to drive efficiency and meet company-wide sustainability goals.

For years, to manage tasks for compliance and reporting efforts across sites, the group used a compliance calendar built in-house, in Excel. 

Excel is not an environmental compliance calendar

As Brandi Collignon, Manager, Environmental Affairs, put it, using a spreadsheet as a compliance calendar was a collective roadblock. Their Excel-based calendar was difficult to manage, and linking it to the team’s Outlook email/calendar wasn’t doable. 

Worse, the calendar wasn’t adequately shared at the site-level for Coca-Cola Consolidated’s newly-acquired facilities, meaning updates and edits couldn’t be fully distributed in real time. When updates were made, having to review and share them manually was time-consuming. 

Collaboration across sites was therefore insufficient, and many of the company’s newly acquired facilities missed their compliance reporting dates because of it.

A critical need

For Coca-Cola Consolidated, an environmental compliance calendar that put all relevant team members on the same page at the same time wasn’t just a need. For two key compliance objectives, it was a critical need to:

A fully connected team, in full view

Working with the Encamp Customer Success team, Coca-Cola Consolidated implemented Encamp’s Compliance Calendar for all of its facilities in just seven days. As an intelligent environmental compliance calendar, the Encamp solution provides a task library, including pre-built templates, that does the real work. 

The Environmental Affairs group at Coca-Cola Consolidated now schedules required compliance and reporting activities at every facility. They assign specific tasks to specific team members. Then in real time and with a 360° view, they track progress and due dates throughout the process of preparing and submitting final compliance reports.

And they do all this for approximately 390 unique tasks within their compliance program. 

At each facility and at all times, every team member now knows their responsibilities and who’s completing what activity. There’s no inadvertent redundant work, and no task goes overlooked.

“Encamp has been an amazing support system in creating a uniform, compliance calendar for each of our unique facilities.”
– Brandi Collignon 

An intelligent compliance calendar… better outcomes

Already, the environmental compliance calendar from Encamp has enabled Coca-Cola Consolidated to:

“We have more confidence that we’re meeting all regulatory and company requirements now that our tasks are organized into one system. Encamp has provided a service to grow with our company and its ever evolving needs.”

Read the full Coca-Cola Consolidated case study.


Take a more proactive approach to meeting compliance due dates
and mitigating non-compliance risks.

Download Your Guide to Proactive Environmental Compliance now.


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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