It’s that time of year again for energy marketers to start preparing EPCRA Tier II reports for any facility storing petroleum during the 2020 calendar year. The Emergency Preparedness and Community Right to Know Act (EPCRA) of 1986 was created to help communities plan for and respond to chemical emergencies by requiring facilities to report the type and amount of hazardous chemicals they store on-site.
EPCRA Tier II reports must be filed with local and/or state emergency response authorities (typically the Fire Marshal) no later than March 1, 2021. Bulk plant facilities that stored over 10,000 pounds of petroleum products onsite on any given day during calendar year 2020 must file EPCRA Tier II. The 10,000 pounds compliance trigger is calculated by combining the volume of all petroleum on site in every storage container including: above ground and underground bulk storage tanks, portable skid tanks, 55-gallon drums and even heating fuel or propane tanks used to heat facility buildings. However, retail gasoline facilities with 75,000 gallons or less of gasoline storage capacity and 100,000 gallons or less of diesel fuel storage capacity are exempt from EPCRA reporting requirements. Retail fueling sites with storage capacity over these thresholds are not exempt and must file an EPCRA Tier II report.
Instructions on how to file EPCRA Tier II reports can be found in the EMA Compliance Bulletin here. The Compliance bulletin contains: EPCRA Tier II forms; instructions on electronic filing; gallons to pounds conversion charts for the most common fuels; NAICS identification numbers for the petroleum industry; health and physical harm reporting characteristics for petroleum products; and links to Dun and Bradstreet number locator; where to file EPCRA Tier II reports links; EPCRA tutorial links; links to all state EPCRA authorities, as well as to the U.S. EPA EPCRA website.