Tier II Reporting
EFFECTIVE JANUARY 1, 2015
THE WV SERC IS REQUIRING MANDATORY ELECTRONIC SUBMISSION FOR ALL TIER II FILINGS.
ALL TIER2 SUBMIT FILES ARE TO BE EMAILED TO OESTIERII@WV.GOV
OR DISK/FLASH DRIVES MAILED TO:
1900 KANAWHA BLVD E.,
BUILDING 1 ROOM EB80
CHARLESTON, WV 25305
Tier II hazardous chemical inventory reporting
We now require electronic Tier2Submit files, sent via email, CD or diskette. We can accept only files using U.S. Environmental Protection Agency (EPA) Tier2Submit software or the exact Tier2Submit file format. If we can’t easily process your submission, we’ll ask you to correct and resend it.
Sending your submission
As of Reporting Year 2014, all West VirginiaTier II reports must be submitted electronically using the U.S. Environmental Protection Agency’s Tier2Submit file format. This software can be downloaded here. The files can be submitted by email, CD or diskette.
If mailing a CD or diskette, you must include a sheet of paper with a contact name and phone number, in case of problems. If you can’t file electronically because of an inadequate Internet connection and/or computer, you can report by paper.
If the U.S Occupational Safety and Health Administration (OSHA) requires your company to keep a Safety Data Sheet (SDS, formerly Material Safety Data Sheet, or MSDS) on file for any chemicals stored or used in the workplace, and the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then you must report it.
The TPQ for these chemicals is either:
- 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under Section 302, also known as Extremely Hazardous Substances (EHS); or
- 10,000 pounds for any other chemical.
Section 302 EHSs:
Exception: In 1999, EPA excluded gasoline held at most retail gas stations from EPCRA 311/312 reporting for gasoline and/or diesel, if stored in underground tanks. This exemption doesn’t apply to fuel mixtures containing more than 10 percent ethanol.
Motor oil, antifreeze and diesel meet the OSHA definition of a "hazardous chemical."
Contrary to what some oil companies are listing on MSDS sheets, OSHA considers motor oil a hazardous chemical. This 1997 letter on the OSHA website was written in response to a memorandum stating that antifreeze, oil products and diesel weren’t hazardous.
You must mail or email completed forms (and any optional CDs/diskettes) to the following three places:
Electronic Reporting using Tier2Submit software now required
- Tier2Submit files only — email to: email@example.com
- Tier2Submit CDs/flashdrives— mail to:
WV State Emergency Response Commission
1900 Kanawha Blvd E., Building 1 Room EB80
Charleston, WV 25305
SARA Title III-Tier II Reports
The Local Emergency Planning Committee (LEPC) for the jurisdiction the facility is in.
Your local fire department (your LEPC can provide contact information).
We require the use of Tier2Submit software or the federal Tier II form (revised for RY2013), and follow the standard federal filing dates and reporting thresholds.
- Because some LEPCs have added requirements, different thresholds or filing dates, or their own forms, each LEPC should be contacted for additional filing requirements.
- Our instructions (be sure to follow them exactly) are at "Electronic reporting using Tier2Submit software."
- Please be sure to include the company name in the “Facility Name” field, as well as a mailing address for each facility.
- You must use the Tier2Submit software to file with us. This is mandatory unless you’re unable to comply because of an inadequate Internet connection and/or computer. See "Electronic reporting using Tier2Submit software" for details.
- If you use the federal Tier II form or its equivalent, you must submit it to us as a hard copy (printed paper). Don’t email scanned or PDF forms.
Unless a new chemical exceeds a TPQ (requiring a Tier II report within 90 days), this is an annual report, due March 1, and covers the activity of the previous calendar year (i.e., calendar year 2014 reporting is due March 1, 2015).
Under OSHA regulations, employers must maintain a Safety Data Sheet (SDS) or a Material Safety Data Sheet (MSDS) for any hazardous chemicals stored or used in the workplace. Approximately 500,000 products have SDSs/MSDSs.
Section 311 requires facilities that have chemicals that require MSDSs, and that store more than the Emergency Planning and Community Right-to-Know Act (EPCRA) Threshold Planning Quantity (TPQ) for any of these chemicals, to submit a list of the chemicals, or copies of their SDSs/MSDSs to the State Emergency Response Commission (SERC), Local Emergency Planning Committee and local fire department.
In West Virginia, the SERC is the West Virginia State Emergency Response Commission (WVSERC).
Under the commission’s authority, our SARA (Superfund Amendments and Reauthorization Act) Program receives and manages state-level EPCRA reports. The Section 311 requirement is now met by submitting a Tier II Emergency and Hazardous Chemical Inventory Form for the applicable chemicals within 90 days of exceeding the threshold for that chemical.
Under Section 312, facilities covered by Section 311 must submit the Tier II form annually for all chemicals exceeding the reporting threshold in the previous calendar year to the LEPC, our SARA Program and the local fire department.
New and revised data elements on the Tier II Emergency and Hazardous Chemical Inventory Form (also in Tier2Submit).
This final rule requires Tier II facilities to:
- Report latitude and longitude.
- Report the Toxic Inventory Reduction (TRI) facility identification number (TRIFID) assigned to the facility, if subject to TRI reporting.
- Report whether subject to Clean Air Act (CAA) section 112(r), also known as the Risk Management Program (RMP).
- Report whether subject to EPCRA section 302 (has an Extremely Hazardous Substance, or EHS, above reporting threshold).
- Report whether the location where the hazardous chemicals are stored is manned or unmanned.
- Report the maximum number of occupants that may be present at the facility at any one time.
- Report contact information for the facility emergency coordinator.
- Report Tier II contact information.
- Report the email addresses of the owner or operator and emergency contact(s),
- Provide a description for the storage types and conditions.
Facilities can choose to voluntarily report hazardous chemicals below the reporting thresholds.
- Threshold Planning Quantities (TPQs) for those Extremely Hazardous Substances (EHSs) that are non-reactive solid chemicals in solution.
- Revised Range Codes for reporting chemical inventories.
- Revised Occupational Safety and Health Administration Hazard Communication Standards (HCS) and Material Safety Data Sheets (MSDSs) Format.
Tier II forms require the following information for each substance:
- The chemical name or the common name as indicated on the Safety Data Sheets (SDSs) or Material Safety Data Sheets (MSDSs).
- An estimate (in ranges) of the maximum amount of the chemical present at any time during the preceding calendar year and the average daily amount.
- A brief description of the hazards and manner of storage of the chemical.
- The location of the chemical at the facility.
- Indication of whether the owner elects to withhold location information from disclosure to the public.
We use the federal Tier II form (revised for RY2013), and follow the federal standard filing dates and filing thresholds. Because some LEPCs/fire departments have added requirements, different thresholds, different filing dates, or their own forms, each LEPC should be contacted about filing requirements.
You must submit Section 312 information on or before March 1 each year. The information submitted under sections 311 and 312 is available to the public from our SARA Program on a facility-by-facility basis. EPA estimates that about 550,000 facilities are now covered by EPCRA 311/312 requirements.
If the company is required by OSHA to keep any SDSs/MSDSs on file for hazardous chemicals stored or used in the workplace, and one or more of the chemicals is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then you must file a Tier II form for every year that any of the chemicals exceed the TPQ.
The TPQ for these chemicals is:
- 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under Section 302, also known as Extremely Hazardous Substances (EHS).
- 10,000 pounds for any other chemical.
Both Tier2Submit and the Tier II Form now ask for the primary North American Industry Classification System (NAICS) code for your facility. For more information on NAICS codes and a NAICS search tool, see the U.S. Census Bureau’s Introduction to NAICS.
A crosswalk between SIC codes and NAICS codes is available here.
Your invoice may contain fee information for more than one facility you own or operate. You also may receive a separate invoice for each facility. In this situation, you can choose to send one check to cover all of your facilities if you identify, by customer and invoice number, which facilities you are paying for. Improperly notated payments may not be applied to your account.
There are several special cases/exemptions allowed in the Pollution Prevention Act:
You still must file under Tier II reporting requirements, but you’re exempt from Pollution Prevention Fees entirely. If you’re claiming an agricultural exemption and don’t have a form on file with us, you must submit an agricultural exemption form. If you have questions about the form, email our SARA Title III program:
Retail gasoline stations:
- In 1998, the EPA adopted the thresholds of 75,000 gallons for gasoline (all grades combined) and 100,000 gallons for diesel fuel (all grades combined) when these fuels are stored entirely underground at retail gas stations that are in compliance with the Underground Storage Tank (UST) requirements.
- Therefore, if the facility is a “Retail Gas Station” (SIC code 5541) selling gasoline and diesel to the general public, and if the gasoline/diesel is stored entirely in USTs, then that gasoline and/or diesel needn’t be reported under Tier II requirements (unless they exceed those new thresholds). (40 CFR, parts 9 and 370).
- If any of the gasoline/diesel is stored in above-ground tanks, the original TPQ of 10,000 pounds applies to all.
- Any other chemicals stored at the facility in excess of 10,000 pounds (e.g., motor oil, kerosene, propane, etc.) still must be reported.
- This gas/diesel exemption doesn't apply to Bulk Tank Farms (SIC 5171), to co-ops that sell only to their members, or to delivery businesses that store gas/diesel for their own use.
- This exemption doesn’t apply to fuel mixtures containing greater than 10 percent ethanol.
- Reporting ranges are for pounds, and not gallons, cubic feet, etc. Please convert all volume measurements (gallons, cubic feet, etc.) into pounds.
- For annual reporting, the Tier II report must not be filed before Jan. 1, as the report must contain actual quantities, not projected quantities.
- If a new chemical exceeds a Threshold Planning Quantity (TPQ) or if significant new information is determined about the chemicals at a facility, a Tier II report should be submitted to the three places listed above in the "Where to send your reports" section within 90 days. If a Tier I report is filed instead of a Tier II report, we’ll request a Tier II form.
- Be sure to check with your Local Emergency Planning Committee (LEPC) for information concerning potential differences in deadlines, forms or reporting thresholds.
For Section 302 EHSs
If you have questions about Tier II reporting forms, or technical questions about Tier II reporting requirements, email our SARA Title III Program:
U.S. Environmental Protection Agency EPCRA Hotline:
800-424-9346 or 703-412-9810
9 a.m.-6 p.m. Eastern time Monday-Friday