EPCRA/Tier II Reporting
Sections
Section 311
Facilities with more than a threshold quantity of certain chemicals must submit a detailed chemical inventory list or Safety Data Sheet (SDS) information to the SERC. Federal laws allow LEPCs and local fire departments to determine their own requirements for notification. Many, but not all, local jurisdictions in North Carolina follow the federal Section 311 requirement of 90 days after a chemical comes on site; contact your LEPC, local fire department or emergency management agency to determine their requirements.
For Extremely Hazardous Substance (EHS) chemicals, this threshold is the TPQ or 500 lbs., whichever is less. (For a list of EHS chemicals and TPQs, please reference the EPA's Consolidated List of Lists.) For hazardous substances (anything required by OSHA Hazard Communication Standard to have a SDS), the threshold is 10,000 lbs. The EPA also grants some reporting exemptions in 40 CFR 370.10-13.
The SERC only accepts Section 311 report submissions though E-Plan. Those who have previously completed a Section 312 Tier II report in E-Plan for a facility located in North Carolina will be able to view the Section 311 tab upon login to submit a report. Those who have not previously filed a Tier II report in E-Plan, will first need to create an account. If the Section 311 tab is not visible upon login, please contact epcra@ncdps.gov or the UT Dallas E-Plan support team to enable the display of that tab for your account. There are no fees associated with Section 311 submissions in North Carolina. Click here to submit in E-Plan.
Section 312 (Tier II)
Facilities that housed certain quantities of chemicals on site for more than 24 hours in the previous calendar year must submit a Tier II report to the SERC, their LEPC, and their local fire department by March 1st of the following year. The reporting season for Section 312 (Tier II) is January 1 through March 1. (Example: A facility that had 20,000 lbs of propane on site for 24 hours in May 2023 would need to file a Tier II report between January 1 - March 1, 2024 for that chemical.
For EHS chemicals, this threshold is the TPQ or 500 lbs., whichever is less. (For a list of EHS chemicals and TPQs, please reference the EPA's Consolidated List of Lists.) For hazardous substances (anything required by OSHA to have any SDS), the threshold is 10,000 lbs. The EPA also grants some reporting exemptions in 40 CFR 370.10-13.
The SERC and most LEPCs and fire departments only accept submissions though E-Plan. However, this should be confirmed with your LEPC and local fire department before submitting.
There is a fee schedule for Section 312 (Tier II) reporting in North Carolina (see details below). The SERC actively encourages voluntary reporting. Any chemicals added to your Tier II report that are below the reporting thresholds are not assessed fees and will help improve safety conditions for first responders. Example, a facility that has 9,000 lbs. of propane (a non-EHS with a reporting threshold of 10,000 lbs) that voluntarily reports it, can be added in E-Plan and will not be assessed a fee but will still show up on your report. Click here to submit in E-Plan.
The North Carolina Chemical Reporting Quick Reference Guide is a summary of NC DOL, EPCRA, RMP and OSHA PSM reporting.
- The EPA List of List for EHS (Section 302) and 112r (RMP) storage quantities https://www.epa.gov/epcra/consolidated-list-lists
- North Carolina SERC utilizes E-Plan, erplan.net for electronic reporting of EPCRA 302, 311 and 312. Filing a 312 meets 311 requirements For local requirements contact the county LEPC https://www.ncdps.gov/lepc-contacts-county
- Chemical Facility Anti-Terrorism Standard https://www.cisa.gov/resources-tools/programs/chemical-facility-anti-terrorism-standards-cfats
- EPA Risk Management Program https://www.epa.gov/rmp, EPA List of List, 112r > Threshold Quantity
- OSHA Process Safety Management https://www.osha.gov/process-safety-management https://www.labor.nc.gov/process-safety-management
- EPA EPCRA Factsheet and EPA EPCRA Quick Guide – Summary of EPCRA emergency planning (Sections 302 &303), chemical release reporting (Section 304), chemical inventory reporting (Sections 311 & 312) and the toxic release inventory (Section 313).
- EPA EPCRA Training Video - EPA’s Training Video raises EPCRA awareness to new generations of planners and responders, state, tribal, and local political officials, emergency management leadership and the public.
- EPA EPCRA Online Training for Planners and Responders covers the requirements for state, tribal, and local agencies to prepare and protect the community from chemical emergencies and industry chemical reporting.
- EPA EPCRA Frequently Asked Questions
- NC DOL Right to Know
- North Carolina Chemical Reporting Quick Reference Guide – Summary of NC DOL, EPCRA, RMP and OSHA PSM reporting.