Durham County Government
Current Terror Alert
Home Services Departments News Jobs Public Records F.A.Q. Calendar Links Search

 >    Home > 
Emergency Management
Jeff Batten, Fire Marshal
2422 Broad Street
Durham, NC 27704
Phone: 919-560-0660
FAX: 919-560-0670
Hours: 8:00 AM-5:00 PM
 
LEPC - Tier II Reports
Tier II Reporting

This page contains information related to Tier Two Reporting requirements for Hazardous Chemicals.

The NC Emergency Management website provides electronic reporting of Tier Two Information.
Visit their website at: www.ncem.org/serc/downloads.htm [use of the site requires Adobe Acrobat Reader]
Get Adobe Reader Adobe's free PDF Reader is required to view documents in PDF format. DOWNLOAD ADOBE PDF READER HERE!

 
 

*** NOTICE ***

TIER II REPORTS MUST BE FILLED OUT BY MARCH 1 OF EVERY YEAR AND MAILED TO:
(1) NCERC ? (2) LPEC and (3) Local Fire Department

IF YOU NEED HELP FILLING OUT THESE REPORTS, CALL (919)560-0660 FOR ASSISTANCE.
ASSISTANCE IS PROVIDED FREE OF CHARGE.

IF YOU HAVE ALREADY COMPLETED TIER II REPORTS FOR 2001
PLEASE DISREGARD THIS NOTICE!

Reporting Ranges

Title III directs that the quantity of a Hazardous Chemical on-site be reported in ranges. EPA has proposed the following 11 ranges, which are consistent with reporting quantites for other EPA administered laws, such as the Toxic Substance Conrtol Act.
Range
Value
Weight Range in Pounds
From
To
01 0 99
02 100 999
03 1,000 9,999
04 10,000 99,999
05 100,000 999,999
06 1,000,000 9,999,999
07 10,000,000 49,999,999
08 50,000,000 99,999,999
09 100,000,000 499,999,999
10 500,000,000 999,999,999
11 1 billion higher than 1 billion

Tier Two Reporting Instructions from the Federal Register

38374 - - - - - - Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations


TIER TWO INSTRUCTIONS
GENERAL INFORMATION
Submission of this Tier Two form (when requested) is required by Title III of the Superfund Amendments and Reauthorization Act of 1986, Seciton 312, Public Law 99-499. The purpose of this Tier Two form is to provide State and local officials and the publie with psecific information on hazardous chemicals present at your facility during the past year.
YOU MUST PROVIDE ALL INFORMATION REQUESTED ON THIS FORM TO FULFILL TIER TWO REPORTING REQUIREMENTS.

This form may also be used as a worksheet for completing the Tier One form or may be submitted in place of the Tier One form.

WHO MUST SUBMIT THIS FORM

Section 312 of Title III requires that the owner or operator of a facility submit thie Tier Two form if so requested by a State emergency planning commission, a local emergency planning committee, or a fire department with jurisdiction over the facility.

This request may apply to the owner or operator of any facility that is requred, under regulations implementing the Occupational Safety and Health Act of 1970, to prepare or have available a Material Safety Data Sheet (MSDS) for a hazardous chemical present at the facility. MSDS requirements are specified in the Occupational Safety and Health Administration (OSHA) Hazard Communications Standard, found in title 29 of the Code of Federal Regulations at ? 1910.1200

WHAT CHEMICALS ARE INCLUDED

You must report the information required on this form for each hazardous chemical for which Tier Two information is requested. However, OSHA regulations and Title III exempt some chemicals from reporting.

Section 1910.1200(b) of the OSHA regulations currently provides the following exemptions:

  1. Any hazardous waste as such term is defined by the Solid Waste Disposal Act as amended (42 U.S.C 6901 et seq.) when subject to regulations issued under that Act; 
  2. Tobacco or tobacco products; 
  3. Wood or wood products; 
  4. "Articles" - defined under ? 1910.1200(b) as a manufactured item: 
  • Which is formed to a specific shape or design during manufacture; 
  • Which has end use function(s) dependent in whole or in part upon the shape or design during end use; and 
  • Which does not release, or otherwise result in exposure to a hazardous chemical under normal conditions of use 
  1. Food, drugs, cosmetics or alcoholic beverages in a retail establishment which are packaged for sale to consumers; 
  2. Foods, drugs, or cosmetics indended for personal consumption by employees while in the workplace. 
  1. Any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act (15 U.S.C 1251 et seq.) respectively, where the emplyer can demonstrate it is used in the workplace in the same manner as normal consumer use, and which use results in a duration and frequency of exposure which is not greater than exposures experienced by consumers 
  2. Any drug, as that term is defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.) when it is in solid, final form for direct administration to the patient (i.e., tablets or pills). 
In addition, Section 311(e) of Title III excludes the following substances:
  1. Any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration; 
  2. Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use; 
  3. Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use the the general publis; 
  4. Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; 
  5. Any substance to the extent it is used in routin agricultural operations or is a fertilizer held for sale by a retailer to the ultimate consumer. 
Also, minimum reportin thresholds have been established for Tier One under Title III, Section 312. You need to report only those hazardous chemicals that were present at your facility at any time during the preceding calendar year at or above the levels listed below:
  • January to December 1987 (or first year of reporting) ... 10,000 lbs 
  • January to December 1988 (or second year of reporting)... 10,000 lbs 
  • January to December1989 (or third year of reporting)... Zero lbs.* 
* EPA will publish the final threshold, effective in the third year, after additional analysis
  • For extremely hazardous substances...500 lbs. or the threshold planning quantity, whichever is less, from the first year of reporting and thereafter. 
A requesting official may limit the responses required under Tier Two by specifying particluar chemicals or groups of chemicals. Such requests apply to hazardous chemicals regardless of established thresholds.
   

Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations ----- ----- - - - 38375
INSTRUCTIONS
Please read these instructions carefully. Print or type all responses.
WHEN TO SUBMIT THIS FORM

Owners or operator must submit the Tier Two form to the requesting agency within 30 days of receipt of a written request from an authorized official.

WHERE TO SUBMIT THIS FORM

Send the completed Tier Two form to the requesting agency.

PENALTIES

Any owner or operator who violates any Tier Two reporting requirements shall be liable to the United States for a civil penalty of up to $25,000 for each such violation. Each day a violation continues shall constitute a separate violation.

You may use the Tier Two form as a worksheet for completing the Tier One form. Filling in the Tier Two Chemical Information sectio should help you assemble your Tier One responses.

If your responses require more than one page, fill in the page number at the top of the form.

REPORTING PERIOD

Enter the appropriate calendar year, beginning January 1 and ending December 31.

FACILITY INDENTIFICATION

Enter the full name of your facility (and company identifier where appropriate)

Enter the full street address or state road. If a street address is not available, enter orhter appropriate identifiers that describe the physical location of your facility (e.g., longitude and latitude). Include city, state and zip code.

Enter the primary Standard Industrial Classification (SIC) code and the Dun & Bradstreet number of your facility. The financial officer of you facility should be able to provide the Dun & Bradstreet number. If your firm does not have this information, contact the state or regional office of Dun & Bradstreet to obtain your facility number or have one assigned.

OWNER / OPERATOR

Enter the owner's or operator's full name, mailing address, and phone number.

EMERGENCY CONTACT

Enter the name, title, and work phone number of at least one local person or office who can act as referral if emergency responders need assistance in responding to a chemical accident at the facility.

Provide an emergency phone number where such emergency chemical information will be available 24 hours a day, every day.

 CHEMICAL INFORMATION: Description, Hazards, Amounts, and Locations

The main section of the Tier Two form requires specific information on amounts and location of hazardous chemicals, as defined in the OSHA Hazard Communication Standard.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

  • What units should I use? 
Calculate all amounts as weight in pounds. To convert gas or liquid volume to weight in pounds, multiple by an appropriate density factor.
  • What about mixtures? 
If a chemical is part of a mixture, you have the option of reporting either the weight of the entire mixture or only the portion of the mixture that is a particular hazardous chemical (e.g., If a hazardous solution weighs 100 lbs. but is composed of only 5% of a particular hazardous chemical, you can indicate either 100 lbs. of the mixture or 5 lbs. of the chemical.

Selec the option consistent with your Section 311 reporting of the checmial on the MSDS or list of MSDS chemicals.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

CHEMICAL DESCRIPTION

    Enter the Chemical Abstract Service number (CAS #)
For mixtures, enter the CAS numberof the mixture as a whole if it has been assigned a number distinct from its components. For a mixture that has no CAS number, leave this item blank or report the CAS numbers of as many constituent chemicals as possible.

If you are withholding the name of a chemical in accordance with criteria specified in Title III, Section 322, enter the generic chemical class (e.g., list toluene disocynate as organic isocynate) and check the box marked Trade Secret. Trade secret information should be submitted to EPA and must include a substantiation. Please refer to Section 322 of Title III for detailed information on how to comply with trade secret requests.

    Enter the chemical name or common name of each hazardous chemical.

    Circle ALL applicable descriptors: pure or mixture, and solid, liquid or gas.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

EXAMPLE

You have pure chlorine gas on hand, as well as tow mistures that contain liquid chlorine. You write "chlorine" and enter the CAS #. Then you circle "pure" and "mix" -- as well as "liq" and "gas".

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

Tips for Obtaining Miscellaneous Facility Information

To Locate a Latitude/Longitude for your facility:

  1. Goto http://geocoder.us/ 
  2. Enter Address, Click Search 
  3. Lat/Long will then be displayed 
To Locate Standard Industrial Classification (SIC) Code for your facility:
  1. Goto http://www.sos.state.ms.us 
  2. Under Business Services, click Corporations 
  3. Click Look-up SIC 
  4. Enter key word(s) in the text box 
  5. Select the most appropriate SIC code for your facility 
To Obtain a Dunn and Bradstreet D-U-N-S number for your facility:
  1. Call 1-800-333-0505 and request that a number be assigned for your company for identification purposes only. There is no charge for this service. 

38376 - - - - - -Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations


PHYSICAL AND HEALTH HAZARDS

For each chemical you have listed, check all the physical and health hazard boxes that apply. These hazard categories are defined in 40 CFR 370.3. The two health hazard categories and three physical hazard categories are a consolidation of the 23 hazard categories defined in the OSA Hazard Communication Standard, 29 CFR 1910.1200.

MAXIMUM AMOUNT

  1. For each hazardous chemical, estimate the greatest amount present at your facility on any single day during the reporting period. 
  2. Find the appropriate rand value code in Table I. 
  3. Enter this range as the Maximum Amount. 
TABLE I - REPORTING RANGES

Range

Value

 Weight Range in Pounds
From To
01 0 99
02 100 999
03 1,000 9,999
04 10,000 99,999
05 100,000 999,999
06 1,000,000 9,999,999
07 10,000,000 49,999,999
08 50,000,000 99,999,999
09 100,000,000 499,999,999
10 500,000,000 999,999,999
11 1 billion higher than 1 billion
If you are using this form as a worksheet for completing Tier One, enter the actual weight in pounds in the shaded space below the response blocks. Do this for both Maximum Amount and Average Daily Amount.

EXAMPLE

You received one large shipment of a solvent mixture last year. The shipment filled your 5,000 - gallon storage tank. You know that the solvent contains 10% benzene, which is a hazardous chemical.

You figure that 10% of 5000 gallons is 500 gallons. You also know that the density of benzene is 7.29 pounds per gallon, so you multiply 500 by 7.29 to get a weight of 3,645 pounds.

Then you look at Table I and find that the range value 02 corresponds to 3.645. You enter 02 as the Maximum Amount.

(If you are using the form as a worksheet for completing a Tier One form, you should write 3,645 in the shaded area.)

AVERAGE DAILY AMOUNT
  1. For each hazardous chemical, estimate the average weight in pounds that was present at your facility during the year. 
To do this, total all daily weights and divide by the number of days the chemical was present on the site.
  1. Find the appropriate range value in Table I 
  2. Enter this range value as the Average Daily Amount 
EXAMPLE

The 5,000 - gallon shipment you received last year was gradually used up and completely gone in 315 days. The sum of the daily volume levels in the tank is 929,250 gallons. By dividing 929,250 gallons by 315 days on-site, you calculate an average daily amount of 2,950 gallons.

You already know that the solvent conatins 10% benzene, which is a hazardous chemical. since 10% of 2,950 is 295, you figure that you had an average of 295 gallons of benzene. You also know that the densite of benzene is 7.29 pounds per gallon, so you multiply 295 by 7.29 to get a weight of 2,150 pounds.

Then you look at Table I and find that the range value 02 corresponds to 2,150. You enter 02 as the Average Daily Amount.

(If you are using the form as a worksheet for completing a Tier One form, you should write 2,150 in the shaded area.)

NUMBER OF DAYS ON-SITE

Enter the number of days the hazardous chemical was found on-site.

EXAMPLE

The solvent composed of 10% benzene was present for 315 days at your facility. Enter 315 in the space provided.

STORAGE CODES AND STORAGE LOCATIONS

List all non-confidential chemical locations in this column, along with storage type/conditions associated with each location.

Storage Codes: Indicate the types and conditions of storage present.

    Look at Table II. For each location, find the appropriate storage type(s). Enter the corresponding code(s) in front of the parentheses.

    Look at Table III. For each storage type, find the temperature and pressure conditions. Enter the applicable pressure code in the first space within the parentheses. Enter the applicable temperature code in the last space within the parentheses.

Federal Register / Vol. 52, No. 199 / Thursday, October 15, 1987 / Rules and Regulations ----- ----- - - - 38377
TABLE II - STORAGE TYPES

Codes Types of Storage
A Above ground tank
B Below ground tank
C Tank inside building
D Steel drum
E Plastic or non-metallic drum
F Can
G Carboy
H Silo
I Fiber drum
J Bag
K Box
L Cylinder
M Glass bottles or jugs
N Plastic bottles or jugs
O Tote bin
P Tank wagon
Q Rail Car
R Other
TABLE III - TEMPERATURE AND PRESSURE CONDITIONS

CODES Storage Conditions
  (PRESSURE)
1 Ambient Pressure
2 Greater than ambient pressure
3 Less than ambient pressure
  (TEMPERATURE)
4 Ambient temperature
5 Greater than ambient temperature
6 Less than ambient temperature but not cryogenic
7 Cryogenic conditions
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

EXAMPLE

The benzene in the main building is kept in a tank inside the building, at amibent pressure and less than ambient temperature.

Table II shows you that the code for a tank inside a building is C. Table III shows you that the code for ambient pressure is 1, and the code for less than ambient temperature is 6.

You enter: C(1,6)

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

Storage Locations:

Provide a brief description of the precise location of the chemical, so that emergency responders can locate the are more easily. You may find it advantageous to provide the optional site plan or site coordinates as explained below.

For each chemical, indicate at a minimum the building or lot. Additionally, where practical, the room or area may be indicated. You may respond in narrative from with appropriate site coordinates or abbreviations.

If the chemical is present in more than one building, lot, or area location, continue your responses down the page as needed. If the chemical exists everywhere at the plant site simultaneously, you may report that the chemical is ubiquitous at the site.

 Optional Attachments: If you choose to attach one of the following, check the appropriate Attachments box at the bottom of the Tier Two form.
  1. A site plan with the site coordinates indicated for buildings, lots, areas, etc. throughout your facility. 
  2. A list of site coorinate abbreviations that correspond to building, lots, areas, etc. throughout your facility. 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

EXAMPLE

You have benzene in the main room of the main building, and in tank 2 in tank field 10. You attach a site plan with coordinates as follows: main building = G-2, tank field 10 = B-6. Fill in the Storage Location as follows:

B-6 [ Tank 2 ] G-2 [ Main Room]

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

Under Title III, Section 324, you may elect to withhold location information on a specific chemical from disclosure to the public. If you choose to do so:

    Enter the word "confidential" in the Non-Confidential Location section of the Tier Two form.

    On a separate Tier Two Confidential Location Information Sheet, enter the name and CAS # of each chemical for which you are keeping the location confidential.

    Enter the appropriate location and storage information, as described above for non-confidential locations.

    Attach the Tier Two Confidential Location Information sheet tot he Tier Two form. This separates confidential locations from other information that will be disclosed to the public.

CERTIFICATION

This must be completed by the owner or operator or the officially designated representative of the owner or operator. Enter you full name and official title. Sign your name and enter the current date.

Instructions for Tier II Reporting*

For Durham County, the LEPC has requested reporting for 55 gallons or 500 pounds instead of Materials or EHS's at the TPQ Level:

  1. Mail Copy of Tier II's to :
    NCERC
    4714 Mail Service Center
    Raleigh, NC 27699-4714
  2. Mail Copy of Tier II's to :
    Durham County LEPC
    2422 Broad St.
    Durham, NC 27704
  3. Mail Copy of Tier II's to :
    Local Fire Department
    c/o Durham County Fire Marshal
    2422 Broad St.
    Durham, NC 27704
Note: If your business has multiple locations, Tier II's are required for each location. Use Hard Copies of Tier II's only to report to LEPC and Fire Departments. However, you may use electronic reporting, on a diskette, to report to NCERC in Raleigh. You may also use the NCERC website at www.ncem.org/serc/downloads.htm for electronic reporting.

For 55 gallons or 500 pounds, or more, of Material, but less than 10,000 pounds:
We have a downloadable XCEL file containing Tier II format on the County Emergency Management homepage.

  1. Mail Copy of Tier II's to :
    Durham County LEPC
    2422 Broad St.
    Durham, NC 27704
  2. Mail Copy of Tier II's to :
    Local Fire Department
    c/o Durham County Fire Marshal
    2422 Broad St.
    Durham, NC 27704
Instructions for Site Map/Contingency Plan Reporting
  1. Mail Copy of Site Map & Contingency Plan to :
    Durham County LEPC
    2422 Broad St.
    Durham, NC 27704
  2. Mail Copy of Site Map & Contingency Plan to :
    Local Fire Department
    c/o Durham County Fire Marshal
    2422 Broad St.
    Durham, NC 27704

Tier Two Reporting Forms

DOWNLOAD the Tier Two Reporting form

Compressed Gas Calculations

Comments: Conversions for Materials Stored at Altered Temperature & Pressure(e.g., compressed gases) from cubic feet to pounds are given in the following table:


Material % Mixture Conversion Factor
Propane (LPG) 100 1 gal = 4.24 lbs
Carbon Dioxide 100 1 lb = 80 cu. ft.
Acetylene 100 1 lb = 14.5 cu. ft.
Propylene 100 direct, in lbs
Oxygen 100 1 lb = 12.08 cu. ft.
Nitrogen 100 1 lb = 13.8 cu. ft.
Argon 100 1 lb = 9.67 cu. ft.
Helium 100 1 lb = 96.71 cu. ft.
Liquid Nitrogen 100 1 lb = 13.8 cu. ft.
Liquid Oxygen 100 1 lb = 54.5 cu. ft.
Compressed Air 78% N2 / 21% O2  
Protec 3 75% Ar / 25% CO2*  
Nitrous Oxide    
Ethylene Oxide    
Sulfur HexaFluoride 100 5' Tank = 115 lbs
*Sample Calcs: If you used 10,640 cu.ft of Protec 3, 75% is (7980 cu.ft/9.67) 825 lb Ar; 25% is (2660 cu.ft./80) 33.25 lb CO2.
(Tall Cylinder = 380 cu. ft.)

Addresses for Mailing Tier II Reports

You must mail your Tier II reports to 3 locations for Durham County.
1 NCSERC - Raleigh NCERC
4714 Mail Service Center
Raleigh, NC 27699-4714
2 LEPC - Durham County Durham County LEPC
2422 Broad St.
Durham, NC 27704
3 Local Fire Department Local Fire Department
c/o Durham County Fire Marshal
2422 Broad St.
Durham, NC 27704
Last updated: August 19, 2008
© , Durham County Government, North Carolina. All rights reserved.
200 E Main Street, Durham, NC 27701
webmaster@durhamcountync.gov
Website Disclaimer & Policies