Tier II Reporting

The deadline for the annual 2014 TIER II Reporting is March 1, 2016. 

The State of New Mexico will start accepting Tier II Reports January 1, 2016.

ANNUAL 2015 Tier II Reporting Procedure

There is a PowerPoint tutorial on the EPA website. Click here: www.epa.gov/epcra/2015-tier2-submit-tutorial

Step 1. Tier II Report must be submitted electronically to DHSEM. We do not accept paper copies of the Tier II Form. You also may need to report your Tier II inventory to the corresponding LEPC and local fire departments and they may have different reporting requirements.

Step 2.  Facilities must submit their Tier II Report by creating an electronic submission using the EPA program Tier 2 Submit.Download the software from the link provided below. Enter your facility inventory in the database or import your facility inventory from last year.

         Use only 2015 Tier 2 Submit Software  http://www2.epa.gov/epcra/tier2-submit-software

Step 3. Copy your electronic submission to a CD or a thumb-drive and submit your report to DHSEM. Send the submission to the address provided below. DO NOT send your report via email.  Our system will automatically reject your submission. The administrator will validate your data, and if needed will contact you to revise your submission if it doesn’t meet our requirements or the intent of Tier II Reporting.

Step 4. Facilities must provide a payment with the submittal determined by the following table. The payment must be in the form of check or money order. No credit card payments are acceptable. The State of New Mexico does not send invoices. You need to calculate your fee and make the payment on time before March 1, 2016. Late fee and fine may apply ($5,000) if you do not provide timely payment. If you need to check your fee, please call the Hazmat Coordinator. Overpayments will not be returned or refunded.

A FACILITY’S TIER II REPORT SUBMITTAL WILL BE DEEMED COMPLETE WHEN THE STATE RECEIVES BOTH

THE ELECTRONIC SUBMITTAL AND THE APPROPRIATE PAYMENT.

FEE SCHEDULE PER FACILITY (MAXIMUM PAYMENT OF $250)

1ST THREE CHEMICALS PER FACILITY=$25.00

16 THROUGH 18 CHEMICALS PER FACILITY=$150.00

4 THROUGH 6 CHEMICALS PER FACILITY= $50.00

19 THROUGH 21 CHEMICALS PER FACILITY= $175.00

7 THROUGH 9 CHEMICALS PER FACILITY= $75.00

22 THROUGH 24 CHEMICALS PER FACILITY= $200.00

10 THROUGH 12 CHEMICALS PER FACILITY= $100.00

25 THROUGH 27 CHEMICALS PER FACILITY= $225.00

13 THROUGH 15 CHEMICALS PER FACILITY=$125.00

28 OR MORE CHEMICALS PER FACILITY=$250.00

Calculation Instructions: If you have more than one facility in New Mexico, calculate the fees due for each facility and add those to find the total payment due with your Tier II submittal. If the total amount exceeds $250, then your payment will be exactly $250. Do not overpay! The Department will not issue a refund of your payment.

Make checks payable to: NM Department of Homeland Security and Emergency ManagementCover letter for payment in MS Word format (optional)

If we cannot match your check to the Company Name on the Tier II Report, your payment will not be processed and your submittal will be considered late.

Government agencies (local, state, and federal) are exempt from fees.

Mailing address for USPS mailings

NM DHSEM
Attn: Tier II Reporting
P.O. Box 27111
Santa Fe, NM 87502

 

Physical Address for FedEx and UPS deliveries

NM DHSEM
Attn: Tier II Reporting
13 Bataan Blvd.
Santa Fe, NM 87508

 

NOTICE: PENALTY FOR FAILURE TO FILE
TIER II INFORMATION:

Tier II reports are due annually. NM Statute, Chapter 74, Article 4E, Section 74-4E-9 provides for penalties for failure to file or pay fees. Quote: “After July 1, 1990, any facility owner or operator who knowingly, willfully, and intentionallyfails to file any notice, form or report or to pay any fee required by the Hazardous Chemicals Information Act [74-4E-1 to 74-4E-9 NMSA 1978] shall pay a civil penalty no greater than five thousand dollars ($5,000) for each violation…” Unquote. This is interpreted by the NM Office of Emergency Management to mean per agency (LEPC, Fire Department, and the State). The filing deadline is on or before March 1st of each year for the reporting period of the previous calendar year as established by both Federal and State laws [74-4E-5A.(3)]. For Curry County businesses and facilities, this means you must respond to the Tier II request letter NLT March 1st, by either filing the required Tier II reports, or by filing a negative report using the form provided with the letter. To avoid penalty, if you are going to be late in filing, contact both this LEPC and the State OEM. The state office may be reached at 505-476-9681.