New Hampshire Tier II Reporting
Tier Ⅱ reporting in New Hampshire is required for any facility that stores hazardous chemicals that meet or exceed chemical thresholds. Under Section 312 of the Emergency Planning and Community Right to Know Act of 1986 (EPCRA), submission of a Tier Ⅱ form is required when working with hazardous chemicals. This form, known as the Emergency and Hazardous Chemical Inventory Forms, is used to notify state officials, local officials, and the general public regarding potential hazards.
Understanding New Hampshire’s Tier II Reporting Requirements
Who Needs to Report?
Any facility in New Hampshire that has hazardous substances equal to or greater than the established threshold amounts (listed below) must report.
- Any facility that stores 10,000 lbs or more of hazardous chemicals.
- Any facility that stores 500 lbs or more (or the threshold planning quantity, whichever is less) of extremely hazardous substances.
- Retail fuel stations with underground storage tanks need to report if they store:
- 75,000 gallons or more of gasoline
- 100,000 gallons or more of diesel fuel (all grades combined)
- The reporting thresholds in New Hampshire apply to the maximum quantity stored at a facility at any one time.
- Even if thresholds are met, chemicals with reporting exemptions do not need to be included
- Only facilities in New Hampshire meeting or exceeding the thresholds for at least one chemical must submit a Tier II report. Facilities below the thresholds for all chemicals are exempt
Types of Facilities Subject to Tier II Reporting
Here are some examples of facilities and chemicals that would need to submit Tier II reports in New Hampshire:
- Hospitals – Disinfectants, sterilants, medical gases, radioactive materials
- Colleges & Universities – Laboratory chemicals, cleaning products, paints, pesticides
- Supermarkets & Grocery Stores – Refrigerants, cleaning agents, pesticides
- Gas Stations – Gasoline, diesel fuel, motor oil, propane
- Manufacturing Facilities – Solvents, acids, paints, adhesives, metals
- Wastewater Treatment Plants – Chlorine, ammonia, acids, caustics
- Farms – Fertilizers, pesticides, diesel fuel, propane
- Auto Repair Shops – Oils, lubricants, paints, solvents
- Electronics Manufacturers – Acids, solvents, dopants, photoresists
Facilities in these industries would likely need to report common chemicals stored over Tier II thresholds like acids, flammable liquids, fuels, chlorine, and ammonia.
New Hampshire’s Electronic Tier II Reporting System
Overview of Tier II Submit
Tier2Submit is software developed by the federal government. Facilities required to submit Tier II reports must use the Tier2Submit software to file reports electronically and then submit it via the New Hampshire Tier II Online Filing System. The software streamlines reporting by pre-populating chemical data, saving facility information year-to-year, and providing data validation.
How to Submit a Tier II Report in New Hampshire
- Create a report. Each year the software is updated and the new version must be downloaded and used by the reporter each year.
- Build your facility and chemical inventory
- Add your facility details like name, address, contacts, etc.
- Input your chemical inventories including CAS numbers, storage locations, and amounts.
- Validate and finalize the report
- Perform quality checks and validate that the report is accurate
- The software will also check for any potential errors
- Certify that the information is true, accurate, and complete
- Export your Tier II report(s) in Tier2Submit as a .t2s file
- A confirmation email will be sent to the email address you inputted during the submission process. Retain a copy of this email for your records. New Hampshire does not require payment for Tier II submissions.
You must contact your LEPC and local fire department to determine how they would like the Tier II report submitted to them.
Deadlines and Timelines for Tier II Reporting
Annual Reporting Deadline
In New Hampshire, the Tier II reporting deadline is due March 1, annually regarding information on hazardous chemicals present at the facility in the previous calendar year.
Additional Reporting Requirements
In addition to the annual Tier II chemical inventory reporting requirement in New Hampshire, there are some supplemental reporting situations that facilities must comply with:
- Initial Notification: Facilities must submit a notification within 90 days after they first exceed reporting thresholds for any hazardous chemicals on site. The thresholds for this notification are the same as the Tier II thresholds.
- Emergency Planning Notification: Facilities must submit a notification within 60 days after they bring an Extremely Hazardous Substance on-site in a quantity that exceeds its Threshold Planning Quantity.
Tips for Effective Tier II Reporting
Maintain Accurate Inventory Records
Starting early in collecting compliance data will help with making sure all the data is accurate and ready to go when the March 1st deadline comes around. A good rule of thumb is to have data ready to review the first week of January.
Understand State-Specific Reporting Requirements
Although you can submit your report electronically via a Tier2 Submit file for the SERC, the LEPC and Fire Department do not have access to that submission. Therefore, you must file those reports separately. Facilities must ensure the LEPC and local fire department receive a copy of the Tier II report in addition to submitting via Tier2 Submit to the SERC.
Keep Copies of All Submitted Reports
Tier2 Submit allows users to export their reports in PDF format. Facilities should maintain copies of their reports to ensure accurate record keeping.
Common Mistakes in Tier II Reporting and How to Avoid Them
Incorrectly Estimating Quantity of Reportable Substances
It’s important to look at all chemicals across your equipment, departments, and processes. You also need to aggregate extremely hazardous substances that may exist at your facility in different capacities. For example, sulfuric acid could be stored in a drum. And if you have lead-acid batteries, you will need to take into account the sulfuric acid housed in the lead-acid batteries (if they are not exempt).
Be sure to check the EPA list of lists to double check if chemicals stored at your facility are an extremely hazardous substance (EHS).
Failing to Keep Up-To-Date with Changes in Regulations
Failure to report can result in Federal, state, and local penalties if an incident occurs and there is no Tier II report on file.
- Submit Tier II reports on time by the March 1 deadline.
- Ensure all hazardous chemicals above reporting thresholds are included.
- Completely omitting chemicals or the full report leads to the highest fines.
- Even small errors like one chemical can still incur sizable penalties.
- Follow EPCRA closely to avoid violations and protect your business finances.
Penalties for Non-Compliance with Tier II Reporting in New Hampshire
Potential Fines and Legal Consequences
Here are some potential fines and legal consequences for failing to accurately submit a Tier II report in New Hampshire:
- Civil Penalties – NHDES can assess significant fines per violation per day for failure to comply with reporting requirements.
- Criminal Penalties – Knowingly violating EPCRA reporting requirements can result in fines or imprisonment.
- Withholding State Funds – Noncompliant facilities may have state grant funds or state contracts withheld until compliance is achieved.
- Permit Limitations – NHDES may refuse to issue, modify or renew operating permits or place additional conditions until compliance.
- Emergency Planning Notification – NHDES may notify relevant emergency planning organizations of a facility’s noncompliance.
- Public Notification – In some cases, NHDES may issue public notice of a facility’s regulatory noncompliance.
- EPA Referral – NHDES can refer significant violations to the EPA for potential additional civil and criminal enforcement actions.
Impact on Community Safety and Emergency Preparedness
Here are some examples of how failing to properly file Tier II reports has impacted community safety and emergency preparedness in Nebraska:
- Manchester Machine Shop Fire (1991) – A plating shop fire released dangerous chemical fumes impacting first responders. Tier II data could have alerted firefighters to the chemicals present.
- Keene Gas Explosion (1990) – A propane gas explosion destroyed a street downtown. Tier II information on the large propane storage could have informed emergency planning.