Community Right to Know Act & Tier Two Reporting

The Emergency Planning and Community Right To Know Act (EPCRA) was passed in the response to concerns regarding the environment and safety hazards posed by the storage and handling of toxic chemicals. These concerns were triggered by the 1984 disaster in Bhopal, India. More than 2,000 people suffered death or serious injury from the accidental release of methyl isocyanate. To reduce the likelihood of such a disaster in the United States, Congress imposed requirements on both states and regulated facilities.

The Emergency Planning and Community Right To Know Act (EPCRA) establishes requirements for Federal, State, and local governments, Indian Tribes, and industry regarding emergency planning and "Community Right To Know" reporting on hazardous and toxic chemicals. The Community Right To Know provision helps increase the public's knowledge and access to information on chemicals at individual facilities, their uses, and release into the environment. States and communities, working with facilities, can use the information to improve chemical safety and protect public health and the environment.

Tier Two Reporting

The Community Right To Know Act, also known as the Superfund Amendment and Reauthorization Act (SARA) Title III or the Emergency Planning and Community Right to Know Act (EPCRA), requires owners or operators of a facility to submit an emergency and hazardous chemical inventory to the State Emergency Response Commission, the Local Emergency Planning Committee, and the local Fire Departments with jurisdiction over the facility.

This inventory is submitted as a Tier Two Report that must be filed by March 1st of each year. State and local agencies have the authority to modify reporting requirements as long as the minimum federal guidelines are being addressed. It is important that the owner or operator be familiar with the "Right To Know" laws and that the reporting procedure he decides to use satisfies state reporting requirements.

Chemicals that Should Be Reported

Hazardous chemicals covered by Section 312 are those for which facilities are required to prepare or have available Safety Data Sheets (SDS) under Occupational Safety and Health Administration (OSHA) regulations and that were present at the facility at any time during the calendar year above specified thresholds. You can fill out an Arizona Tier Two Chemical Inventory Reporting Form.


Federal rules require reporting these hazardous chemicals if the inventory exceeds 10,000 pounds at any one time, and for extremely hazardous chemicals when the inventory exceeds 500 pounds or the Threshold Planning Quantity (TPQ).