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Division of Spill Prevention and Response Prevention Preparedness and Response

Emergency Planning and Community Right-to-Know Act and State of Alaska Tier II Reporting

Authorized by Title III of the Superfund Amendments and Reauthorization Act (SARA), the Emergency Planning & Community Right-to-Know Act (EPCRA) was enacted by Congress as the national legislation on community safety. This law is designed to help local communities protect public health, safety, and the environment from chemical hazards. To reduce the likelihood of disasters related to the environmental hazards posed by the storage and handling of toxic chemicals, Congress imposed requirements for federal, state, and local governments, tribes, and industry, including Community Right-to-Know (CRTK) reporting requirements, on hazardous and toxic chemicals. The CRTK provisions help increase the public’s knowledge and access to information on chemicals at individual facilities, their uses, and releases into the environment.

To implement EPCRA, Congress requires that each state appoint a State Emergency Response Commission (SERC). In turn, SERCs divide their states into Local Emergency Planning Districts (LEPD) and name a Local Emergency Planning Committee (LEPC) for each district. To comply with the federal legislation, the Alaska Legislature passed Alaska Statutes (AS) 26.23.071 and 26.23.073 which established the Alaska SERC, LEPDs and LEPCs. Alaska Department of Environmental Conservation (DEC) co-chairs the Alaska SERC with the Alaska Department of Military and Veterans Affairs (DMVA). There are currently 21 LEPCs representing LEPDs throughout the state.

The owner or operator of any facility which has an established threshold volume of chemicals onsite, and is required to prepare or have available a safety data sheet (SDS) for a hazardous chemical under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] and regulations promulgated under that Act for those chemicals, is required to prepare and submit an emergency and hazardous chemical inventory form (also known as a Tier II form) to the SERC, the appropriate LEPC, and the fire department with jurisdiction over the facility. More information about the threshold volumes is included below.

The purpose of the form is to provide state and local officials, and the public with specific information on the hazardous chemicals present at a facility over the course of the previous year. This information is used to develop local emergency plans.

For Tier II Reporters

Alaska requires the use of E-Plan The E-Plan interface is the only accepted form for Tier II reporting in Alaska. Reports will not be accepted by any other method. DEC recommends you refer to both of these documents as you prepare to submit your Tier II report:

E-Plan Website

Frequently Asked Questions

What is Tier II Reporting?

According to the Emergency Planning and Community-Right-to-Know Act (EPCRA) sections 311-312, facilities that have hazardous chemicals onsite, at established threshold volumes, must annually submit an inventory of those chemicals to the State Emergency Response Commission, Local Emergency Planning Committees, and fire departments with jurisdiction. This inventory report is often referred to as a Tier II Form.

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How to access and use your E-Plan account

How do I log on to my E-Plan account?
  • Go to the E-Plan sign on page. https://tier2.erplan.net/onlinefiling/filingLogin.htm
  • If you submitted your Tier II report to E-Plan last year, use the existing E-Plan Access ID and Password for your facility. If you are reporting for the first time, follow the instructions to set up an account. For technical assistance with the E-Plan website you may contact them directly through the ‘contact’ link at the bottom of most pages of their website.
My facility submitted a Tier II report on E-Plan last year; can I transfer that data to my 2022 report?
  • Yes
  • Use your Access ID and Password to get to your data. Follow the directions in E-Plan to transfer your 2022 data to 2023. You will need to validate the information and make any necessary changes, but you should not need to re-enter everything. Note the system will not let you submit your 2023 report until the reporting period begins on January 1, 2024. However, you may begin updating your 2023 data at any time within the system. This is especially useful if the volume of chemicals you have onsite changes during the year, if you get new chemicals or remove any from your inventory, or if you have any other changes such as new emergency contacts or phone numbers. Keeping your information up to date gives responders an accurate idea of what they may encounter onsite at any given time and saves you time when the reporting period starts again in January.
Will I have to keep re-entering data each year, or will it carry over?
Your data will carry over from year to year once you begin using E-Plan. You will need to validate the data and make any necessary changes during the official reporting period each year (between January 1 and March 1), but you should not need to re-enter everything.

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The Tier II Form

When are Tier II reports due?
: The Tier II reporting period is January 1 through March 1 each year for the chemicals present at your facility during the previous calendar year. Beginning January 1, 2024, you may submit your 2023 chemical information into E-Plan. If you want to get a head start, you may begin updating your data at any time, but you won’t have the option of submitting your 2023 report until the platform opens to new 2023 reports beginning on January 1, 2024.https://tier2.erplan.net/onlinefiling/filingLogin.htm
Can I file the Federal Tier II form or does the State have its own?
You must use E-Plan. https://tier2.erplan.net/onlinefiling/filingLogin.htm
Can I submit a paper copy?
No. Paper copies will not be accepted. https://tier2.erplan.net/onlinefiling/filingLogin.htm
Where can I get a copy of the Alaska Tier II Form?
E-Plan. A copy of the completed Tier II form will be generated for you by E-Plan when you hit submit and the information is validated in the E-Plan system. This copy should be maintained for your records.

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Where your Tier II information goes

To whom do I send my Tier II Reports?
Upon successful submittal of your Tier II report through E-Plan your Tier II information will be immediately accessible to the following entities as required by regulation:
  • Your local fire department
  • Your Local Emergency Planning Committee (LEPC)
  • The State Emergency Response Commission (SERC)
You no longer need to send your reports to these entities separately.
Will Anchorage accept Tier II reports via E-Plan?
Yes. However, Anchorage has specific reporting requirements that differ from the State requirements. See the Anchorage CRTK page for details to ensure proper reporting. http://www.muni.org/departments/fire/prevention/pages/crtk.aspx

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Training

Are any trainings available to help me prepare and submit my Tier II report?
Yes. E-Plan offers several live webinars each reporting period (between January 1 and March 1). Training dates in 2024 are:
  • Friday, Jan 05, 2024 9 a.m.– 10 a.m. AKST
  • Friday, Jan 19, 2024 5 a.m. – 6 a.m. AKST
  • Friday, Feb 9, 2024 2 p.m. – 3p.m. AKST
  • Friday, March 1, 2024 9 a.m. – 10 a.m. AKST
Please verify the date and time when you register through the link on the registration page. If you’re unable to participate live, videos of past webinars are posted on the E-Plan training page. The page includes other training resources that may be of use.

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Reporting Requirements

How do I answer the questions about shipping?
On October 25, 2019, the Alaska SERC voted to require information about how chemicals arrive at facilities on Tier II reports, including shipping mode and frequency, among other details. We’ve had multiple questions asking how to answer these questions. We’re asking how the chemicals arrive at your facility.

Please consider the following when filling out your Tier II reports:

  • Mode of shipment: Select one. How did the chemical arrive at your facility? Feel free to check ‘other’ and use the “if other, specify in text” box to provide additional information.
  • Frequency of shipment: In combination with the “frequency of shipment per” question below, estimate how often the chemical arrives at your facility (i.e., 1 time per day/week/month, etc.).
  • Frequency of Shipment per: Use drop-down menu. See above.
  • Maximum capacity per single vessel: what is the maximum size container you receive (i.e. tote, barrel, etc.)?
  • Maximum shipment quantity: what is the maximum shipment (container(s) size, in pounds) you receive at any one time?
  • Average shipment quantity: average out all the shipments over the year.
  • Physical state in transit: select from the drop down menu
  • Carrier: which carrier delivers this chemical to your facility? You may list more than one if you receive packages from multiple carriers. If you don’t know, say so.
  • Comments: You may estimate the route. Describe how you think the chemical arrived. If you don’t know, you may write that.
  • Chemical carrier contact: If you don’t know, you may enter your facility’s emergency contact. This goes on the facility’s contact page.
  • If you have additional information to add, feel free to type it in the text boxes
What chemicals are subject to EPCRA?
Any chemical for which you are required to have a Safety Data Sheet per the Occupational Health and Safety Administration (OSHA) is subject to EPCRA reporting. The standard reporting threshold is 10,000 pounds for most chemicals. Extremely Hazardous Chemicals (EHS) have lower reporting thresholds. A consolidated list of chemicals subject to the Emergency Planning and Community Right to Know Act is included in the EPA List of Lists, and Alaska Statute 29.35.500 which describes Alaska-specific requirements for certain classes of chemicals. Be sure to look at the EPA List of Lists and the Alaska Statute to ensure correct reporting. The EPA List of Lists identifies hundreds of chemicals that may need to be reported, including EHS’s. For gases and refrigerants, you may also reference the Gas Conversion Chart (PDF)
What are some common chemicals in Alaska that need to be reported?
Hazardous chemical Reporting Threshold
Most chemicals 10,000 pounds
EHS (Extremely Hazardous Substance) Varies by substance; consult the EPA List of Lists https://www.epa.gov/sites/production/files/2015-03/documents/list_of_lists.pdf; and AS 29.35.500I http://www.touchngo.com/lglcntr/akstats/statutes/title29/chapter35/section500.htm for Alaska-specific reporting requirements for EHS. Note state threshold for EHS is less than the federal threshold in many cases.
Diesel fuel ~1400 gallons*
Gasoline ~1600 gallons*
Home heating oil ~1200 gallons*
Anyhdrous ammonia (EHS) 500 pounds
Chlorine (EHS) Any amount
Sulfuric Acid (including in lead acid batteries) (EHS) 500 pounds

*Equals the 10,000 pounds standard reporting threshold.

What are EPA’s new reporting requirements for physical and health hazards?
Alaska’s Tier II reporting complies with the updated physical and health hazards as defined in the OSHA Hazard Communication Standard, 29 CFR 1910.1200. Refer to the EPA fact sheet (PDF) https://www.epa.gov/sites/production/files/2016-06/documents/haz_cats_tech_amend_factsheet_final_06-16-2016.pdf for additional information.
What do I do if I add new chemicals, increase the volume of chemicals I have onsite above the threshold planning quantity, or have a new facility emergency coordinator during the year?
Changes must be reported within 30 days of their occurrence. You may update your Tier II information in E-Plan at any time. Any changes will become part of your current Tier II report. You will still have to return to E-Plan between January 1-March 1 of each year to submit your Tier II report for the previous calendar year.
What are the reporting requirements for retail gas stations?
For gasoline (all grades combined) at a retail gas station, the threshold level is 75,000 gallons, if the tank(s) was stored entirely underground and was in compliance at all times during the preceding calendar year with all Underground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the state UST program approved by the Agency under 40 CFR part 281.

For diesel fuel (all grades combined) at a retail gas station, the threshold level is 100,000 gallons, if the tank(s) was stored entirely underground and the tank(s) was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the state UST program approved by the Agency under 40 CFR part 281. A retail gas station means a retail facility engaged in selling gasoline and/or diesel fuel principally to the public for motor vehicle use on land.

If you hold other chemicals onsite, such as propane, follow the reporting requirements for those chemicals, even if you meet these gasoline and diesel thresholds.

Are there any exceptions to the chemicals that must be reported?
Yes. The Tier II form does not have to include the following exceptions defined under Section 311(e) of EPCRA, including:
  • Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration;
  • 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;
  • 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 by the general public;
  • 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; and
  • Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.
How do I report batteries?
See the Environmental Protection Agency Memorandum on Reporting Lead Acid Batteries for our recommended reporting method.
What is the definition of facilityunder EPCRA?
: Facility means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person that controls, is controlled by, or under common control with, such person). Facility includes manmade structures, as well as all natural structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use.

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Site Plans

Do I have to include a site plan with my Tier II report?
Yes. In October 2018 the Alaska SERC voted to require the submission of site maps with Tier II reports. These reports let first responders know where chemicals of concern are located prior to arriving on scene. This protects their safety and the safety of the community. Your E-Plan submission will not be validated/accepted until you attach a site plan.
Do site plans need to be professional engineering or architectural drawings?
No. You may submit engineering or architectural drawings if you have them, but we will accept scans of hand drawn maps, Google Earth snapshots with a legend describing where chemicals are located, and other clear representations of the locations of chemicals at your facility. Please included adjacent streets and a North arrow to help with navigation.
Will the public have access to site plans if they submit a public information request?
No. Alaska state policy does not allow sharing site plans with the public.

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Contact Information

Who do I contact if I need technical assistance or have questions about the reporting requirements?
  • Technical assistance is available through E-Plan support https://erplan.net/eplan/support/contactUs.htm.
  • Technical assistance for federal reporting requirements is available from the Federal Emergency Planning and Community Right-to-Know (EPCRA) https://www.epa.gov/epcra/ Hotline at 800-424-9346.
  • If you have questions about additional reporting requirements for the Anchorage LEPC, assistance is available from the Anchorage Community-Right-to-Know coordinator at 907-267-4900, or the Anchorage CRTK page http://www.muni.org/departments/fire/prevention/pages/crtk.aspx.
  • Further technical assistance for State reporting/regulatory requirements is available from the Department of Environmental Conservation’s Division of Spill Prevention and Response at 907-269-3071 or email tiertwo@alaska.gov.

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Community Right-to-Know

What if I want information about the chemicals present in my neighborhood?
Under EPCRA, accessibility to Tier II information is limited to the preceding calendar year with respect to a specific facility. A written request for Tier II information must be sent to the DEC Tier II Coordinator on behalf of the State Emergency Response Commission. The written request must include the Tier II Data Request Form which can be found at the end of the SERC Tier II Policy (PDF) https://dec.alaska.gov/media/18794/serctier2policy.pdf. The completed form and attachments may be sent to tiertwo@alaska.gov.

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Resources

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Department of Environmental Conservation

Mailing Address:  P.O. Box 111800
Juneau, Alaska 99811
Location:  333 Willoughby Avenue, 8th Floor,
Ste 800, State Office Building, Juneau