Under the Emergency Planning and Community Right-to-Know Act (EPCRA), facilities are required to submit annual Hazardous Chemical Inventory reports. To be subject to this requirement, a facility must have chemical substances on site for which they are required to maintain Material Safety Data Sheets (MSDSs), and the substances must be used or stored at the site above specified threshold amounts.

Hazardous Chemical Inventory reports, referred to as Tier II reports, are due by March 1 each year covering chemicals used or stored during the previous calendar year. For each reportable chemical, a Tier II report includes such information as the name of the substance, the associated physical and/or health hazards, the maximum and average daily amounts, the type of storage container(s), and the specific storage location(s) at the site. Along with the Tier II reports, facilities must also submit fees based upon the number of substances reported. These fees are used primarily to support the activities of Delaware's four Local Emergency Planning Committees (LEPCs).

Threshold amounts that trigger Tier II reporting are based on the maximum amount of the substance present at the site at any time during the previous calendar year. For substances identified as Hazardous Chemicals (defined basically as any chemical that could pose a physical or health hazard), the threshold amount is 55 gallons or 500 pounds (Note: The federal threshold for Hazardous Chemicals is 10,000 pounds, but Delaware law established a lower threshold). For substances identified on the Federal EPCRA list of Extremely Hazardous Substances (EHSs), the threshold amount is 55 gallons, 500 pounds or the threshold planning quantity, whichever is lower.

Information reported under this requirement is primarily used to support emergency planning and response activities. Tier II data is entered into a computer system and made available to emergency planning and response organizations, including Delaware's Local Emergency Planning Committees and 911 Fire Dispatch Centers. However, this information is also made available to the public to promote involvement in preparing for and managing chemical risks in the community.  If you would like to obtain EPCRA information, you can make a request by contacting the Delaware EPCRA Reporting Program.

If you have any questions or would like additional information concerning Hazardous Chemical Inventory (Tier II) reporting under EPCRA, contact the Delaware EPCRA Reporting Program.