8 Colo. Code Regs. § 1507-42.2
The federal "Emergency Planning and Community Right-to-Know Act" (EPCRA), 42 U.S.C. § § 11001 et seq., was adopted by Congress in 1986. EPCRA Section 312 (42 U.S.C. § 11022) requires regulated facilities to submit a report of their emergency and hazardous chemical inventory to the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and the local fire department annually. The purpose of this report is to provide state and local emergency planning and response officials as well as the public with specific information on hazardous chemicals present at a facility.
For facilities exceeding the chemical thresholds defined by U.S. EPA regulations promulgated under the authority of EPCRA, this report requirement is fulfilled by the annual submission of a Tier II Chemical Inventory report. The format and content of the Tier II report were established by U.S. EPA through regulations promulgated under the authority of EPCRA.
The Tier II report is electronically filed with the Colorado Emergency Planning Committee (CEPC) by submittal to the Colorado Department of Public Health and Environment (CDPHE) Division of Environmental Health and Sustainability (DEHS). Beyond 2016, the DEHS in support with the CEPC intends to explore, in conjunction with national update efforts for CAMEO, electronic Tier II submittal, and on-line products, one filing point for submittal to the CEPC (SERC), LEPC, and local Fire Departments.
The CEPC is established by statute and is the State Emergency Response Commission (SERC) as defined by EPCRA. Under Colorado Revised Statutes § § 24-33.5-1501 et seq, C.R.S., the CEPC is the state agency responsible for the implementation of EPCRA in Colorado. The Director of the Division of Homeland Security and Emergency with advice of the CEPC is charged to promulgate rules and regulations necessary to "establish a uniform system for reporting and management of information required by the federal act".
Specifically, under § 24-33.5-1503.5(2)(b), C.R.S., the Division Director is required
"To establish a uniform system for reporting and management of information required by the federal act."
Further, under § 24-33.5-1503.5(2)(c), C.R.S., the Division Director has authority
"To create and adopt such forms as are necessary for the uniform reporting and management of information required by the federal act, including, but not limited to, the following:
In guidance issued on July 13, 2010, EPA provided the following interpretation of its Tier II reporting regulations under EPCRA:
States have the flexibility to use any system for collecting chemical inventory information under section 312 and to establish the means to ensure the information is true, accurate, and complete so they may effectively and efficiently manage chemical risks and provide information to the public. 75 FR 39852, at 39856, July 13, 2010.
Since the adoption of EPCRA, electronic reporting capability has expanded. U.S. EPA has supported electronic reporting with free software designed to take the place of the Tier II paper form. Known as Tier2 Submit, there have been several generations of this free software and in its current form has proven to be reliable and easy for the reporting facilities to use. It may be downloaded from EPA at http://www.epa.gov/emergencies/content/epcra/tier2.htm
Tier2 Submit reports submitted by facilities are easily imported into another free software program known as Computer-Aided Management of Emergency Operations (CAMEO). This program is also useful to the LEPCs and fire departments that use and review hazardous chemical information from reporting facilities. With the same free software, LEPCs and fire departments can review and manage the hazardous chemical information they receive from reporting facilities.
8 CCR 1507-42.2