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40 C.F.R. §§ 370.40–370.45

6 sections in range

§370.40. What information must I provide and what format must I use?

40 C.F.R. § 370.40

(a)
If you are required to comply with the hazardous chemical reporting requirements of this part, then by March 1 every year you must submit inventory information regarding any hazardous chemical present at your facility at any time during the previous calendar year in an amount equal to or in excess of its threshold level. Threshold levels are provided in § 370.10.
(b)
Tier I information is the minimum information that you must report to be in compliance with the inventory reporting requirements of this part as described in § 370.41. You may choose to report the Tier II information described in § 370.42 for any hazardous chemical at your facility. You must submit Tier II information to the SERC, LEPC, or fire department with jurisdiction over your facility if they request it. EPA publishes Tier I and Tier II Inventory Forms that provide uniform formats for reporting the Tier I and Tier II information. You may use a state or local format for reporting inventory information if the state or local format contains at least the Tier I information described in § 370.41. EPA's Tier I and Tier II forms are available at https://www.epa.gov/epcra.
(c)
You should contact the SERC to determine that state's requirements for inventory reporting formats, procedures, and to obtain inventory forms.
Notes, amendments, and revision history

Authority

Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and 329 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).

Source

Source: 73 FR 65478, Nov. 3, 2008, as amended at 91 FR 37036, June 22, 2026, unless otherwise noted.

§370.41. What is Tier I inventory information?

40 C.F.R. § 370.41

Tier I information provides state and local officials and the public with information on the general types and locations of hazardous chemicals present at your facility during the previous calendar year. The Tier I information is the minimum information that you must provide to be in compliance with the inventory reporting requirements of this part. If you are reporting Tier I information, you must report aggregate information on hazardous chemicals by hazard category. The hazard categories (physical and health hazards) are available on the Tier I form for you to select. The Tier I inventory form includes the following data elements:
(a)
The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier I submission is true, accurate, and complete as follows: “I certify under penalty of law that I have personally examined and am familiar with the information and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.” This certification shall be accompanied by your full name, official title, signature, date signed, and total number of pages in the submission including all attachments. All other pages must also contain your signature or signature stamp, the date you signed the certification, and the total number of pages in the submission.
(b)
The calendar year for the reporting period.
(c)
An indication whether the information being reported on page one of the form is identical to that submitted last year.
(d)
The complete name and address of the location of your facility (include the full street address or state road, city, county, state, and zip code), latitude, and longitude.
(e)
An indication if the location of your facility is manned or unmanned.
(f)
An estimate of the maximum number of occupants present at any one time. If the location of your facility is unmanned, check the box marked N/A, not applicable.
(g)
The phone number of your facility (optional).
(h)
The North American Industry Classification System (NAICS) code for your facility.
(i)
The Dun & Bradstreet number of your facility.
(j)
Facility identification numbers assigned under the Toxic Release Inventory (TRI) and Risk Management Program. If your facility has not been assigned an identification number under these programs or if your facility is not subject to reporting under these programs, check the box marked N/A, not applicable.
(k)
An indication whether your facility is subject to the emergency planning notification requirement under EPCRA section 302, codified in 40 CFR part 355.
(l)
An indication whether your facility is subject to the chemical accident prevention requirements under section 112(r) of the Clean Air Act, codified in 40 CFR part 68, also known as the Risk Management Program.
(m)
The name, mailing address, phone number, and email address of the owner or operator of the facility.
(n)
The name, mailing address, phone number, Dun & Bradstreet number, and email address of the facility's parent company. These are optional data elements.
(o)
The name, title, phone number, 24-hour phone number, and email address of the facility emergency coordinator, if applicable.
(p)
The name, title, phone number, and email address of the person to contact for the information contained in the Tier I form.
(q)
The name, title, phone number, and email address of at least one local individual who can act as a referral if emergency responders need assistance in responding to a chemical accident at your facility. You must also provide an emergency phone number that will be available 24 hours a day, every day.
(r)
An indication whether the information being reported on page two of the form is identical to that submitted last year.
(s)
An estimate (in ranges) of the maximum amount of hazardous chemicals in each hazard category present at your facility at any time during the preceding calendar year. You must use codes that correspond to different ranges. The range codes are provided in § 370.43.
(t)
An estimate (in ranges) of the average daily amount of hazardous chemicals in each hazard category present at your facility during the preceding calendar year. You must use codes that correspond to different ranges. The range codes are provided in § 370.43.
(u)
The maximum number of days that any single hazardous chemical within each hazard category was present at your facility during the reporting period.
(v)
The general location of hazardous chemicals in each hazard category within your facility. General locations should include the names or identification of buildings, tank fields, lots, sheds, or other such areas. You may also attach one or more of the following with your Tier I inventory form:
(1)
A site plan with site indicated for buildings, lots, areas, etc. throughout your facility.
(2)
A list of site coordinate abbreviations that correspond to buildings, lots, areas, etc., throughout your facility.
(3)
A description of dikes and other safeguard measures for storage locations throughout your facility.
(w)
An indication whether you are including any attachments (optional).
Notes, amendments, and revision history

Authority

Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and 329 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).

Source

Source: 73 FR 65478, Nov. 3, 2008, as amended at 91 FR 37036, June 22, 2026, unless otherwise noted.

§370.42. What is Tier II inventory information?

40 C.F.R. § 370.42

Tier II information provides state and local officials and the public with specific information on the amounts and locations of hazardous chemicals present at your facility during the previous calendar year. Some states may require you to use a state reporting format including electronic reporting and certification for submitting your hazardous chemical inventory. Contact your state for its specific requirements. The Tier II inventory form includes the following data elements:
(a)
The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier II submission is true, accurate, and complete as follows: “I certify under penalty of law that I have personally examined and am familiar with the information and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.” This certification must be accompanied by your full name, official title, signature, date signed, and total number of pages in the submission including all Confidential and Non-Confidential Information Sheets and all attachments. All other pages must also contain your signature or signature stamp, the date you signed the certification, and the total number of pages in the submission.
(b)
The calendar year of the reporting period.
(c)
An indication whether the information being reported on page one of the form is identical to that submitted last year.
(d)
The complete name and address of the location of your facility (include the full street address or state road, city, county, state, and zip code), latitude, and longitude.
(e)
An indication if the location of your facility is manned or unmanned.
(f)
An estimate of the maximum number of occupants present at any one time. If the location of your facility is unmanned, check the box marked N/A, not applicable.
(g)
The phone number of your facility (optional).
(h)
The North American Industry Classification System (NAICS) code for your facility.
(i)
The Dun & Bradstreet number of your facility.
(j)
Facility identification numbers assigned under the Toxic Release Inventory (TRI) and Risk Management Program. If your facility has not been assigned an identification number under these programs or if your facility is not subject to reporting under these programs, check the box marked N/A, not applicable.
(k)
An indication if your facility is subject to the emergency planning notification requirement under section 302 of EPCRA, codified in 40 CFR part 355.
(l)
An indication whether your facility is subject to the chemical accident prevention requirements under section 112(r) of the Clean Air Act (CAA), codified in 40 CFR part 68, Chemical Accident Prevention Provisions, also known as the Risk Management Program.
(m)
The name, mailing address, phone number, and email address of the owner or operator of the facility.
(n)
The name, mailing address, phone number, Dun & Bradstreet number, and email address of the facility's parent company. These are optional data elements.
(o)
The name, title, phone number, 24-hour phone number, and email address of the facility emergency coordinator, if applicable.
(p)
The name, title, phone number, and email address of the person to contact regarding information contained in the Tier II form.
(q)
The name, title, phone number and email address of at least one local individual who can act as a referral if emergency responders need assistance in responding to a chemical accident at your facility. You must also provide an emergency phone number that will be available 24 hours a day, every day.
(r)
An indication whether the information being reported on page two of the form is identical to that submitted last year.
(s)
For each hazardous chemical that you are required to report, you must—
(1)
Provide the chemical name (or the common name of the chemical) as provided on the SDS and provide the Chemical Abstract Service (CAS) registry number of the chemical provided on the SDS.
(2)
Indicate whether the chemical is a solid, liquid, or gas; and whether the chemical is an EHS.
(3)
If you are reporting a mixture, enter the mixture name, product name or trade name, and CAS registry number as provided on the SDS. If there is no CAS number provided or it is not known, check the box “Not Available.”
(4)
If the mixture you are reporting contains EHS(s), provide the name of each EHS in the mixture. As provided in § 370.14(a), you also have an option to report the non-EHS hazardous components in the mixture.
(5)
Indicate which hazard categories apply to the chemical or mixture. The hazard categories are available for you to select on the Tier II form and found in section 2 of the SDSs.
(6)
Provide an estimate (in ranges) of the maximum amount of the hazardous chemical present at your facility on any single day during the preceding calendar year. If you are reporting a mixture, provide an estimate of the total amount of the mixture present at your facility on any single day during the preceding calendar year. If the mixture contains any EHSs, provide the total amount of each EHS in that mixture. You must use the codes that correspond to different ranges. The amounts and associated range codes are in § 370.43.
(7)
Provide an estimate (in ranges) of the average daily amount of the hazardous chemical present at your facility during the preceding calendar year. If you are reporting a mixture, provide an estimate of the average daily amount of the mixture. You must use the codes that correspond to different ranges. The amounts and associated range codes are in § 370.43.
(8)
Provide the maximum number of days that the hazardous chemical or mixture was present at your facility during the preceding calendar year.
(9)
Provide the type of storage for the hazardous chemical or the mixture containing the hazardous chemical at your facility. Examples of types of storage: above-ground tank, plastic or non-metallic drum, steel drum, cylinder, rail car, etc.
(10)
Provide the storage conditions for the hazardous chemical or mixture containing the hazardous chemical at your facility. Examples for types of storage conditions: Ambient pressure, ambient temperature, less than ambient temperature/pressure, cryogenic conditions, etc.
(11)
Provide a brief description of the precise location(s) of the hazardous chemical(s) or mixture(s) at your facility. You may also attach one of the following with your Tier II inventory form:
(i)
A site plan with site coordinates indicated for buildings, lots, areas, etc. throughout your facility.
(ii)
A list of site coordinate abbreviations that correspond to buildings, lots, areas, etc., throughout your facility.
(iii)
A description of dikes and other safeguard measures for storage locations throughout your facility.
(12)
Under EPCRA section 324, you may choose to withhold from disclosure to the public the location information for a specific chemical. If you choose to withhold the location information from disclosure to the public, you must clearly indicate that the information is “confidential.” You must provide the confidential location information on a separate sheet from the other Tier II information (which will be disclosed to the public) and attach the Confidential Location Information Sheet to the other Tier II information. Indicate any attachments you are including.
(13)
You may provide additional reporting. For example, if your state or local agencies require you to provide inventory information on additional chemicals or if you wish to report any hazardous chemical below the reporting thresholds specified in § 370.10, check the appropriate box.
(t)
An indication whether you are including any attachments (optional).
Notes, amendments, and revision history

Authority

Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and 329 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).

Source

Source: 73 FR 65478, Nov. 3, 2008, as amended at 91 FR 37036, June 22, 2026, unless otherwise noted.

§370.43. What codes are used to report Tier I and Tier II inventory information?

40 C.F.R. § 370.43

(a)
Except as provided in paragraph (b) of this section, you must use the following codes to report the maximum amount and average daily amount when reporting Tier I or Tier II inventory information:
(b)
Your SERC or LEPC may provide other range codes for reporting maximum amount and average daily amount or may require reporting of specific amounts. You may use your SERC's or LEPC's range codes (or specific amounts) provided the ranges are not broader than the ranges in paragraph (a) of this section.
Notes, amendments, and revision history

Authority

Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and 329 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).

Source

Source: 73 FR 65478, Nov. 3, 2008, as amended at 91 FR 37036, June 22, 2026, unless otherwise noted.

§370.44. To whom must I submit the inventory information?

40 C.F.R. § 370.44

You must submit the required inventory information to your SERC, LEPC, and the fire department with jurisdiction over your facility.
Notes, amendments, and revision history

Authority

Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and 329 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).

Source

Source: 73 FR 65478, Nov. 3, 2008, as amended at 91 FR 37036, June 22, 2026, unless otherwise noted.

§370.45. When must I submit the inventory information?

40 C.F.R. § 370.45

(a)
You must submit the required inventory information on or before March 1st of each year after your facility becomes subject to this part. Your submission must contain the required inventory information on hazardous chemicals present at your facility during the preceding calendar year at or above the threshold levels. Threshold levels are in § 370.10. The minimum required inventory information under EPCRA section 312 is Tier I information. Tier I information requirements are described in § 370.41.
(b)
You must submit Tier II information within 30 days of the receipt of a request from the SERC, LEPC, or fire department with jurisdiction over your facility, as provided in § 370.10(b). Tier II information requirements are described in § 370.42.
Notes, amendments, and revision history

Authority

Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and 329 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).

Source

Source: 73 FR 65478, Nov. 3, 2008, as amended at 91 FR 37036, June 22, 2026, unless otherwise noted.