|Online Reporting System||E-Plan|
|Reporting Deadline||March 1, annually|
We’ve built the logic -- state-by-state -- that automatically submits your EPCRA Tier II reports and pays fees to the correct SERC, LEPC, and Fire Departments. Just hit submit, and Encamp takes care of the rest. Here's how it works:
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.
Any facility in New York that has hazardous substances equal to or greater than the established threshold amounts (listed below) must report.
Below are some examples of facilities in New York and the chemicals used that would most likely need to submit a Tier Ⅱ form:
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 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.
Here are the key steps for using E-Plan’s Online Tier II Reporting System:
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
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.
In New York, there may be additional Tier II chemical inventory reporting requirements beyond just the annual report:
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.
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: [email protected] or via phone at (518) 292-2302.
Once your facility has passed the validation checks, you can export data as a pdf file only:
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 check the EPA list of lists to double check if chemicals stored at your facility are an extremely hazardous substance (EHS).
Failure to report can result in Federal, state, and local penalties if an incident occurs and there is no Tier II report on file.
Penalties are assessed based on the nature, extent, gravity, and circumstances of the violation for example:
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:
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