Tier II Chemical Reporting in New Mexico: Who Files & How
Short answer: if your New Mexico facility stores a hazardous chemical at or above its EPCRA reporting threshold — generally 10,000 pounds, or as low as 500 pounds for an Extremely Hazardous Substance — you must file an annual Tier II chemical-inventory report by March 1, covering the prior calendar year. It goes to your State Emergency Response Commission (SERC), your Local Emergency Planning Committee (LEPC), and your local fire department. In New Mexico you send one Tier2 Submit file to the Department of Homeland Security and Emergency Management (DHSEM) and pay a per-facility fee; E-Plan is not used. The hardest part is compiling an accurate inventory with quantities — which is exactly what SDSentry ($24 per location per month) keeps current for you year-round. Here is how Tier II works in New Mexico.
Free, no signup: the SDS binder builder at sdsentry.0xpi.com/sds-binder.html turns a pasted list of the products you keep on site into one printable index of their current safety data sheets.
What Tier II is (and isn't)
Tier II is the annual chemical-inventory report required under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA). Its purpose is to tell fire departments and emergency planners what hazardous chemicals are stored at your facility, in what quantities, and where, so responders know what they are walking into. It is a separate obligation from OSHA Hazard Communication — the same chemicals on your shelves, but a different law and a different audience. Meeting your HazCom duties does not satisfy Tier II, and vice versa.
Who has to file in New Mexico
The trigger is federal and applies the same way in New Mexico as everywhere else. You must file Tier II if any hazardous chemical for which you are required to keep a safety data sheet is present at your facility at or above its reporting threshold at any point during the year:
- 10,000 lbs for most hazardous chemicals (those that require an SDS).
- 500 lbs — or the chemical's Threshold Planning Quantity, whichever is lower — for Extremely Hazardous Substances (EHSs) on EPA's list.
Quantities are based on the maximum amount present at any one time, aggregated across the facility. A small clinic or shelter often stays under these limits, but bulk propane or diesel tanks, stored fuel, pool and spa chemicals, fertilizer, or a large supply of a single disinfectant can push you over — and EHS thresholds are low enough that a modest amount of the wrong chemical can trigger a report.
Where New Mexico facilities submit
EPCRA sends every Tier II report to three places: your State Emergency Response Commission (SERC), your Local Emergency Planning Committee (LEPC), and your local fire department.
DHSEM: “New Mexico through the State Emergency Response Commission (SERC) has instituted a single-point submission process for Tier II reporting. Facility owners/operators are required to submit their Tier II report(s) to the New Mexico Department of Homeland Security and Emergency Management. Facilities are not required to provide the same report to the local emergency planning committee (LEPC) or the local fire department unless those agencies maintain local reporting requirements.”
The format is strict: “Tier II Report must be submitted in electronic format (.t2s), we do not accept .zip files, .pdf files, or paper copies of the Tier II Form.” Build it in EPA's Tier2 Submit. And do not use E-Plan: “We do not require E-Plan submissions. The Department will not give credits for E-Plan submission or payment.” Start from DHSEM's Tier II page.
State systems and instructions can change year to year, so confirm current details with New Mexico DHSEM before you file.
The deadline
DHSEM: the Section 312 Tier II report is “due between January 1 and March 1 for previous calendar year to the SERC,” and “Payments are due annually on March 1.”
Are there New Mexico state fees?
Yes, per facility by the number of chemicals reported:
- 1–3 chemicals $25; 4–6 $50; 7–9 $75; 10–12 $100; 13–15 $125; 16–18 $150; 19–21 $175; 22–24 $200; 25–27 $225; 28 or more $250.
If you file for several New Mexico facilities, add the fees together, but “If the total amount exceeds $250, then your payment will be exactly $250.” Overpayments are not refunded. “Government agencies (local, tribal, state, and federal) are exempt from fees,” as are contractors filing for a government site. Don't be late: “Fines up to $5,000 may apply if payment in the correct amount is not received by March 1.”
What to have ready before you file
The report itself is mostly a structured list. What slows people down is assembling accurate underlying data. Before you start, have on hand:
- A complete chemical inventory for the location, with the product name and chemical identity for each item.
- The maximum quantity on site during the year and the average daily quantity, with units.
- Storage details — container type, pressure, temperature, and the specific location or building.
- Hazard information from each product's safety data sheet.
- Facility identifiers, emergency contacts, and (where required) latitude and longitude.
If you keep a current SDS library and a per-location inventory with quantities throughout the year, the February scramble largely disappears. See our guide on building a chemical inventory from scratch for a starting point.
How SDSentry helps
SDSentry tracks quantity and unit per item in your per-location inventory, flags items over a threshold you set, and exports an EPCRA Tier II CSV so your preparer is not rebuilding the inventory by hand each February. It keeps a current SDS on file for every product, which is where most of the hazard and storage details on the report come from. It will not submit the report for you — you still file through Tier2 Submit — but it turns the worst part, compiling and maintaining the data, into a download. Pair it with our HazCom compliance checklist so your OSHA and EPCRA obligations stay covered at the same time.
Track inventory for Tier II — free trial
Frequently asked questions
Who do I send my Tier II report to in New Mexico?
Submit a Tier2 Submit (.t2s) file to the New Mexico Department of Homeland Security and Emergency Management; zip, PDF, paper and E-Plan submissions are not accepted. Under New Mexico's single-point submission process you do not have to send the same report to your LEPC or fire department unless they have their own local reporting requirements.
When is the Tier II deadline in New Mexico?
Between January 1 and March 1 each year for the previous calendar year; the fee is also due March 1.
What are the Tier II reporting thresholds?
You report if a hazardous chemical that requires a safety data sheet is on site at or above 10,000 pounds at any time during the year, or at or above 500 pounds — or the Threshold Planning Quantity, whichever is lower — for an Extremely Hazardous Substance. Quantities are the maximum amount present at any one time.
Is there a New Mexico state fee for Tier II?
Yes. DHSEM charges $25 for 1 to 3 chemicals per facility, rising in $25 steps to $250 for 28 or more, with total payment capped at $250 even across several facilities. Government agencies are exempt, and fines up to $5,000 may apply if the correct payment is not received by March 1.