When submitting EPCRA Section 312 Tier II reports, does the owner or operator of the facility need to enter a specific weight in pounds for the maximum amount and the average daily amount of a certain hazardous chemical present at the facility, or should the owner or operator solely enter a range code for these amounts?
EPA recognizes that the actual amount of a hazardous chemical present at a facility is the most useful information for effective planning and response by the Local Emergency Planning Committee (LEPC). However, EPCRA Section 312(d)(1) and (2) specifically states that the maximum amount and average daily amount should be reported in ranges and, therefore, EPA only requires the owner or operator to enter ranges for both the maximum amount and average daily amount of the hazardous chemical on Tier II inventory forms.
The State Emergency Response Commission (SERC) or LEPC may provide other range codes for reporting maximum amounts and average daily amounts, or may require reporting of specific amounts. The owner or operator may use the SERC’s or LEPC’s range code or enter specific amounts provided the ranges are not broader than those required by EPA (40 CFR 370.43(b)). (November 3, 2008, final rule (73 FR 65452, 65459) and the July 13, 2012, final rule (77 FR 41300, 41309).