New Mexico Tier II Reporting
Tier Ⅱ reporting in New Mexico 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 Mexico’s Tier II Reporting Requirements
Who Needs to Report?
Any facility in New Mexico 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 at any one time.
- Any facility that stores 500 lbs (or the threshold planning quantity, whichever is less) or more 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 Mexico apply to the total 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 Mexico 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.
- More information about reporting requirements in New Mexico can be found here.
Types of Facilities Subject to Tier II Reporting
Here are some examples of facilities and chemicals that would need to submit a Tier II report in New Mexico:
- Chemical manufacturers – Facilities that produce hazardous chemicals would need to report the chemicals they manufacture, process, or store above threshold quantities. This could include chemicals like ammonia, chlorine, acids, pesticides, etc.
- Fuel terminals/bulk plants – Facilities that store large quantities of petroleum products like gasoline, diesel, jet fuel, etc. would need to report those chemicals.
- Wastewater treatment plants – Treatment plants that use chlorine gas for disinfection would need to report chlorine inventories above threshold quantities.
- Farmers/ranchers – Operations storing large amounts of fertilizers like ammonium nitrate would need to submit reports. Pesticide inventories may also trigger reporting.
- Industrial facilities – Any facility using flammable chemicals, corrosives, oxidizers, or toxic materials in manufacturing would need to report those chemical inventories. Common examples include solvents, acids, metalworking fluids, cleaning chemicals, etc.
- Hazardous waste generators – Facilities generating hazardous waste would need to report any stored waste awaiting disposal.
- Propane/fuel distributors – Companies storing and distributing propane/LP gas in bulk quantities need to report.
- Water treatment facilities – Those using potentially hazardous water treatment chemicals like chlorine, sulfur dioxide, ammonia, etc. need to be reported.
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 Mexico’s Electronic Tier II Reporting System (Tier2Submit Software)
Overview of Tier2Submit Software
Tier2Submit is software developed by the federal government, and used by the New Mexico Department of Homeland Security and Emergency Management (NMDHSEM). Facilities required to submit Tier II reports must use the Tier2Submit software to generate reports electronically and then submit it to NMDHSEM via email. 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 Mexico
Here are the key steps to submit a Tier II report in New Mexico using the Tier2Submit software:
- 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 and send this file to [email protected] along with a payment. Payments must be made via check or money order.
- Retain a copy of the report and proof of payment for your records.
- The New Mexico SERC has initiated a single-point submission meaning that facilities do not have to send separate copies to their LEPC or local fire departments.
- Facilities must provide a payment with the submittal determined by the following table. The payment must be in the form of a check or money order only:
- Fee schedule per facility (with a maximum payment of $250):
- 1 to 3 chemicals per facility $25.00
- 4 to 6 chemicals per facility $50.00
- 7 to 9 chemicals per facility $75.00
- 10 to 12 chemicals per facility $100.00
- 13 to 15 chemicals per facility $125.00
- 16 to 18 chemicals per facility $150.00
- 19 to 21 chemicals per facility $175.00
- 22 to 24 chemicals per facility $200.00
- 25 to 27 chemicals per facility $225.00
- 28 or more chemicals per facility $250.00
- If you have more than one facility in New Mexico, calculate the fees due for each facility and add those to find the total payment due with your Tier II submittal. If the total amount exceeds $250, then your payment will be exactly $250.
Deadlines and Timelines for Tier II Reporting
Annual Reporting Deadline
In New Mexico, facilities must submit their Tier II reports on hazardous chemicals present during the previous calendar year by March 1 annually.
Additional Reporting Requirements
In New Mexico, there may be additional Tier II chemical inventory reporting requirements beyond just the annual report:
- 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
In New Mexico, facilities must file using Tier2Submit Software and pay the required fee. You are not required to send separate Tier II reports to LEPCs or local fire departments unless those agencies maintain local reporting requirements.
Keep Copies of All Submitted Reports
You can print a copy of the full Tier II reports for your records.
Common Mistakes in Tier II Reporting and How to Avoid Them
Incorrectly Estimating Quantity of Reportable Substances
It’s important to look at all chemicals across your equipment, departments, and processes. 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. Also, if you have lead-acid batteries, you will need to take into account the sulfuric acid housed in the lead-acid batteries (if they are not exempt).
Be sure to consult 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 typically leads to the highest fines.
- Even small errors associated with one chemical can incur sizable penalties.
- Follow EPCRA closely to avoid violations and protect your business finances.
Penalties for Non-Compliance with Tier II Reporting in New Mexico
Potential Fines and Legal Consequences
Here are some potential legal and financial consequences for not accurately submitting a Tier II report in New Mexico:
- Failure to submit a Tier II report or knowingly providing false information can result in significant civil or criminal penalties, including fines and/or jail time.
- Enforcement orders – NMED can issue enforcement orders requiring corrective actions and imposing administrative penalties for Tier II violations. Failure to comply with orders can lead to further penalties.
- Ineligibility for state contracts – State government agencies may not enter into contracts with facilities that fail to comply with EPCRA Tier II reporting until violations are remedied.
- Increased risk of chemical accident – Inaccurate Tier II reports hinder emergency planning and preparedness, increasing risks to first responders if a chemical accident does occur.
- Lawsuits and litigation – Facilities can face lawsuits related to chemical exposures and environmental damage if a chemical release occurs and emergency responders are not adequately informed of chemical inventories on site.
- Reputational damage – Non-compliance with EPCRA Tier II requirements can harm a facility’s reputation with regulatory agencies, local communities, and environmental groups.
Impact on Community Safety and Emergency Preparedness
Unfortunately there have been some incidents in New Mexico that demonstrate the importance of proper Tier II reporting for community safety and emergency preparedness:
- In 2007, a farm supply company in Albuquerque had a large ammonium nitrate fire. However, the fire department response was hampered because the company’s lapsed Tier II report did not list the large fertilizer inventory.
- A 2020 audit found nearly a third of required Tier II reports were not filed with the state that year. Many local fire departments complained they did not have the complete chemical inventory information needed for response plans.