EPCRA §312NY

New York Tier II reporting: how and where to file

New York takes Tier II online through E-Plan. E-Plan filing costs $25 per facility (since 2014). A facility that does not pay and file online sends a hard copy to the State Office of Emergency Management, 1220 Washington Avenue, Building 22, Suite 101, Albany, NY 12226-2251.

From New York State Emergency Response Commission, through the Division of Homeland Security and Emergency Services, Office of Emergency Management, read on the state's own page · October 28, 2026

What New York asks for

Each point is followed by the words of the state's own page.

How to file

New York takes Tier II online through E-Plan.

“The State of New York uses E-Plan for accepting online submission of Tier II chemical inventory information.” source

How to file

The state office no longer takes Tier2 Submit data on CD, drive or email; a Tier2 Submit file is uploaded into E-Plan.

“our office will no longer be able to accept any electronic submissions of Tier II data in the form of CD, zip drive, or email attachment.” source

“Facilities which have used the EPA Tier2 Submit program in the past can upload their submission directly into the E-Plan system.” source

Fees

E-Plan filing costs $25 per facility (since 2014). A facility that does not pay and file online sends a hard copy to the State Office of Emergency Management, 1220 Washington Avenue, Building 22, Suite 101, Albany, NY 12226-2251.

“As of 2014, there is a $25 filing fee per facility. If you choose not to pay the fee and file online through E-Plan, then please submit your hard copy Tier II report to the address given further down the page.” source

“1220 Washington Avenue. Building 22, Suite 101, Albany, NY 12226-2251” source

Who gets the report

E-Plan meets the filing to the state; each county LEPC and fire department decides whether it accepts electronic filing, so ask them.

“County Local Emergency Planning Committees (LEPCs) and fire departments will determine whether or not electronic submission is a process that they are willing to accept for compliance with EPCRA Section 312.” source

State-specific rule

Inside New York City, local Tier II submissions go to the city's Department of Environmental Protection.

“For industries located within the city limits of New York City, local Tier II submissions and questions should be sent to DEP through the following website:” source

The federal rule underneath

EPCRA section 312 applies to a facility that the OSHA HazCom Standard requires to keep an SDS for a hazardous chemical present at any one time at or above 10,000 lb, or at or above 500 lb or its threshold planning quantity, whichever is lower, for an extremely hazardous substance (40 CFR 370.10(a)). The 10,000 lb figure is the general case: at a retail gas station the thresholds are 75,000 gallons of gasoline and 100,000 gallons of diesel fuel (all grades combined), and they apply only to fuel in tanks entirely underground that met every applicable underground storage tank requirement at all times during the preceding calendar year (40 CFR 370.10(a)(2)(ii) and (iii)); otherwise the general threshold applies. The report covers the previous calendar year and is due March 1 (40 CFR 370.45). Below every threshold, a request still has to be answered: when your LEPC, SERC or fire department asks for Tier II information, the threshold is zero and the information is due within 30 days (40 CFR 370.10(b), 370.45(b)). Where New York's rules above are stricter, they apply on top.

The full federal picture, Tier I versus Tier II, counting and penalties, is on the EPCRA Tier II hub. The list that feeds it is the chemical inventory.

HazComFast keeps each jobsite's chemical quantities next to its safety data sheets and exports the Tier II data as an Excel workbook, a CSV file and a PDF summary.

Start free Check your chemicals against the thresholds

New York Tier II FAQ

How do I file Tier II in New York?

New York takes Tier II online through E-Plan. The state office no longer takes Tier2 Submit data on CD, drive or email; a Tier2 Submit file is uploaded into E-Plan.

Does New York charge a Tier II fee?

Who gets the Tier II report in New York?

E-Plan meets the filing to the state; each county LEPC and fire department decides whether it accepts electronic filing, so ask them. The federal rule is that the report reaches the LEPC, the SERC and the fire department with jurisdiction (42 U.S.C. 11022(a)(1)); in a state that takes the report in one system and passes it on, that system can meet the rule, and the state's own steps above say which applies.

Tier II in other states

These 51 pages (the 50 states and DC) quote each state's own page or EPA's page of state procedures. For a territory, EPA's State Tier II Reporting Requirements and Procedures names the agency and the filing method.

Sources

New York's requirements read on the state's own page on October 28, 2026; 40 CFR part 370 read on the eCFR on September 26, 2026. States change portals and fees; confirm with New York State Emergency Response Commission, through the Division of Homeland Security and Emergency Services, Office of Emergency Management before you file. General guidance, not legal advice.

Keep the chemical list behind your Tier II report current

Tier II is an EPCRA filing to your state and local agencies, not an OSHA citation. The same chemical inventory feeds your SDS binder and the report, so keep it in one place.

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