New York Tier II Reporting

Tier Ⅱ reporting in New York 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 York’s Tier II Reporting Requirements

Who Needs to Report?

Any facility in New York 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)

Key Points

• The reporting thresholds in New York 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 York 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
• Most hazardous substances (including waste) have a reporting threshold of just 10 pounds in NYC
• More information on Tier II reporting in New York can be found here 

Types of Facilities Subject to Tier II Reporting

Below are some examples of facilities in New York and the chemicals used that would most likely need to submit a Tier Ⅱ form:

• Oil and gas facilities: crude oil, diesel fuel, lubricating oils, solvents like benzene
• Petrochemical plants: acids, ammonia, chlorine, propane
• Manufacturing plants: acids, paints, inks, cleaners, lubricants
• Wastewater treatment plants: chlorine, sulfur dioxide, ammonia
• Power plants: ammonia, chlorine, sulfuric acid, diesel fuel
• Hospitals: ethanol, formaldehyde, ethylene oxide, diesel fuel
• Universities: lab chemicals like acids, solvents, compressed gasses
• Transportation/trucking companies: diesel fuel, lubricating oil 
• Auto repair shops: paints, thinners, solvents, oil
• Funeral home: Embalming chemicals

Key Points

Facilities in these industries would likely need to report common chemicals stored over Tier II thresholds like acids, flammable liquids, fuels, chlorine, and ammonia.  

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

New York’s Electronic Tier II Reporting System (E-Plan)

Overview of E-Plan

New York State encourages and accepts E-Plan as the primary electronic Tier II reporting system. E-Plan allows secure web-based submission of chemical inventory information required under EPCRA. E-Plan has import/export capabilities and is already used by some counties in NY. Facilities required to report Tier II information can use E-Plan to comply with state reporting requirements. Local LEPCs and fire departments determine if they accept E-Plan for local EPCRA compliance. E-Plan standardizes Tier II reporting across NY which helps state/local planning. Facilities should still verify with their county LEPC and local fire department if E-Plan is accepted along with state filing. E-Plan usage encourages electronic vs paper Tier II reporting to benefit the industry and the government.

How to Submit a Tier II Report in New York

Here are the key steps for using E-Plan’s Online Tier II Reporting System:

• Create a new account or sign in with your existing credentials.
• Add facilities under the Facilities module by entering the facility name, address, coordinates, submitter info, etc. 
• Add contacts under the Contacts module by entering names, addresses, emails, phone numbers for owners, emergency contacts, etc.
• Add chemical inventory under the Chemicals module by entering chemical properties, storage info, mixtures, etc. 
• E-Plan will generate an invoice – New York has a $25 administrative charge per facility 
• Review and submit your Tier II reports. 
• Note that you may still need to file with state/local agencies directly. Check with your SERC, LEPC, and fire department. 

Key Points

New York accepts mailed hard copies if you choose not to submit through E-Plan and pay the $25 fee. Submit a hard copy of the Tier II report to:

Tier II Reporting

1220 Washington Avenue

Building 22, Suite 101

Albany, NY 12226-2251 

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In New York, 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 New York, 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

Industry and county LEPCs are not mandated to use E-Plan in New York but are encouraged to do so. It is up to each county to decide for themselves and many counties in New York are accepting reports on the E-Plan system. You should contact the county in which the facilities reside to determine if that county is accepting submissions on E-Plan: serc.oem@dhses.ny.gov or via phone at (518) 292-2302.

Keep Copies of All Submitted Reports

Once your facility has passed the validation checks, you can export data as a pdf file only:

1. Log into E-Plan using 7-digit Access ID and password. 
2. Select year a year (e.g., 2023) to retrieve your data.
3. Click Validate Record.
4. Click the “PDF File” button to open the “Select Facilities for PDF ” screen. 
5. Select the check box and click Create PDF to generate a copy of the report.

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).

Misclassifying Substances

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. 

Key Points

• Submit Tier II reports on time by 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 York

Potential Fines and Legal Consequences

Penalties are assessed based on the nature, extent, gravity, and circumstances of the violation for example:

• Civil Penalties: New York civil penalties are up to $25,000 per violation per day, mirroring the federal limit.
• Criminal Penalties: Criminal penalties for EPCRA violations in New York can result in fines of up to $50,000 and/or 5 years imprisonment.

Impact on Community Safety and Emergency Preparedness

Here are some potential examples of how failing to accurately report hazardous chemicals on Tier II inventory forms can impact community safety and emergency preparedness in New York:

• Firefighters enter a burning warehouse along the Buffalo River unprepared for exploding drums of industrial solvents that were not properly disclosed on the facility’s Tier II. Several firefighters were injured in the incident.
• Emergency responders in Syracuse cannot account for all employees after an explosion at a semiconductor plant that failed to report the full quantities of ammonia and other chemicals stored on site in their Tier II filing.