Tier II is an annual federal report that is mandatory for companies that store hazardous materials.

The Emergency Planning and Community Right-to-Know Act (EPCRA) was passed in 1986, following a series of hazardous waste releases that caused human and environmental harm. The EPCRA group of regulations includes:

• Emergency Planning (Sections 301-303)
• Emergency Release Notification (Section 304)
• Hazardous Chemical Storage Reporting Requirements (Sections 311-312)
• Toxic Chemical Release Inventory (Section 313)
• Tier II (SARA 312)

Tier II (SARA 312) is under section 312 of EPCRA, and it is a mandatory report of hazardous and toxic substances that are housed at a facility at any given point during the reporting year. Facilities are required to report Tier II substances and Extremely Hazardous Substances that are equal to or greater than the defined Tier II reporting thresholds. These substances must maintain a Safety Data Sheet (SDS) under OSHA’s hazard communication standard.

Facilities that store hazardous chemicals must report their inventory in the Tier II report.

If a facility stores an Extremely Hazardous Substance (EHS) above the Threshold Planning Quantity (TPQ), they must comply with the emergency planning requirements outlined in Subpart B of EPA's Emergency Planning and Notification regulations. This includes submitting an Emergency Planning Notification to the State Emergency Response Commission (SERC, DEQ in Virginia) and Local Emergency Planning Committee (LEPC).

Threshold planning quantities vary with each EHS and can be found in the EPA List of Lists. Below are some helpful points if you are still unsure if your facility should be reporting.

You must submit a report if:

• A facility has greater than or equal to 10,000 pounds of any hazardous chemical by OSHA criteria, then it should be reported in the Tier II report.
• A facility at any given time during the reporting year stored material on the EPA Extremely Hazardous Substance list to the materials’ defined Threshold Planning Quantity (TPQ). The EPA has a comprehensive EHS list that shows all the chemicals that should be reported.
• You have reached the threshold for gasoline storage which is 75,000 gallons and 100,000 gallons for diesel fuel at a retail gas station. This threshold applies if there was entire underground storage and full compliance with the Underground Storage Tank requirements.
• If the Local Emergency Planning Committee (LEPC) requests you to submit an SDS for hazardous chemicals or Tier II report, then the threshold for reporting is zero.

More information on reporting requirements can be found on the EPA’s website as well as Virginia’s DEQ website.

You must report the inventory information for quantities of hazardous chemicals that were housed at your facility at any time during the reporting year that are greater than or equal to the threshold.

All states require Tier II submission, and it is mandatory for all facilities. All substances and chemicals that require an SDS must be recorded. Do not be selective. Record all the chemicals, that way you will have a full inventory list when you start generating your report.

Once you have the full list of your chemicals, consult the Tier II chemical list for which ones must be reported. Of these chemicals, the aspects that should be listed in a Tier II report are listed below:

• Physical and Health Hazards of each reportable chemical (all applicable)
• Maximum Amount on Site (in pounds)
• Average Daily Amount on Site (in pounds)
• The number of days chemical/mixture was present on-site (i.e., 365 days)
• Storage Types, Conditions, and Locations

You must describe the specific location of the chemical to help emergency responders to access it quickly and clearly show the building or room in which it is stored. It is helpful to provide a comprehensive site map for the chemical(s). If you would like to claim any confidential locations, you must submit your confidential location information with your Tier II report if available.

In Virginia, there are additional Tier II chemical inventory reporting requirements beyond just the annual report:

• Initial Notification: Facilities must submit a notification within 90 days after they first exceed reporting thresholds for any hazardous chemicals on site. The thresholds for this notification are the same as the Tier II thresholds.
• Emergency Planning Notification: Facilities must submit a notification within 60 days after they bring an Extremely Hazardous Substance on-site in a quantity that exceeds its Threshold Planning Quantity.

The Tier II report is due to your State Emergency Response Commission (Virginia DEQ) and Local Emergency Planning Committee on March 1 every year. This is a fixed deadline, and the EPA does not grant extensions to this deadline.

Failure to submit your Tier II Report is an Emergency Preparedness/Right-to-Know violation and is subject to fines and penalties.

Virginia has three ways to submit Tier II Reports:

• Electronic (preferred): Facilities can submit their Tier II Reports to VDEQ electronically by completing a Tier II Report in Tier2Submit2020. To submit your report via Tier2Submit, save your Tier II report(s) in Tier2Submit as a .t2s file and send your .t2s file to va-epcra@deq.virginia.gov, along with a signed copy of your certification letter. A webinar tutorial from EPA on how create a report in Tier2Submit is available.
• Manual (.pdf): Facilities can also submit a .pdf copy of their Tier II report by sending the .pdf file of their Tier II report, along with a signed certification letter, to va-epcra@DEQ.Virginia.gov
• Manual (Hard copy): Facilities can also submit their Tier II report by sending a hard copy, along with a signed certification letter, to one of the following addresses:

U.S.P.S
ATTN: SARA Title III Program
Virginia Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218

FedEx
ATTN: SARA Title III Program
Virginia Department of Environmental Quality
1111 E. Main St, Suite 1400
Richmond, VA 23219

Tier II Report submissions must also be made to the Bedford Local Emergency Planning Committee (LEPC) which will include local fire departments. Submissions to the LEPC are preferred in PDF format and can be sent to tier2@bedfordcountyva.gov.

The LEPC must be contacted directly for questions regarding LEPC Tier II submissions. 

Your facility could be fined or penalized at both the federal and state level. There are many fines associated with the incorrect filing or filing of your Tier II forms late. The penalties are assessed based on the nature, extent, gravity, and circumstances of the violation.

The penalties for this can be up to $50,000, therefore you must ensure that you file your Tier II on time and with all the right information. For example:

• A late submission penalty of between 10 and 30 days can rack up fines up to $12,000 and a minimum of $25,000 after a 30-day delay.
• Missing a chemical can have a hefty penalty. For example, a food and beverage company failed to submit their Tier II for one chemical, anhydrous ammonia, for four years. The company had to pay a penalty of $65,710 for missing that one chemical in their report over the reporting years.
• Failure to submit the report for any chemical at your facility is also subject to penalty. For example, a fertilizer company failed to file a Tier II for 26 hazardous chemicals at their facility for two years and had to pay a penalty of $62,985.

Generally, fines increase based on the severity of the violation. The EPA provides a penalty calculation matrix based on the various possible EPCRA violations. It is best to avoid these penalties at all costs to protect your business' finances.

Yes, you can.

There are many reputable companies offering data collection and entry along with report preparation and submittal. For businesses new to Tier II reporting this may be beneficial to ensure compliance is being met.

The Bedford Local Emergency Planning Committee does not endorse any specific company providing these services, but a quick internet search will provide many options available to businesses or facilities required to report.

Please keep in mind that if you do choose a third party to prepare your report, the business or facility housing or storing chemicals is ultimately responsible for the timeliness and accuracy of the information provided.

There are many variables that are factored into a release or spill. Please reference the EPA’s website and Virginia DEQ's website as they pertain to notifications.

Most commonly the first notification is to 911. When calling, try to have as much pertinent information available as possible. If the immediate area is unsafe, evacuate to a safe area prior to calling 911.

Once you have alerted 911 about your release or spill and responders are dispatched, let the 911 center know to notify the Local Emergency Planning Committee.

It is important to remember that safety is of paramount importance during a release or spill.