SARA Title III (EPCRA)
Tier II Hazardous Chemical Inventory Report
NEW!!! Mandatory Electronic Tier II Reporting Using Tier2Submit Format!!
NOTE: You MUST click on the above link, and
follow the instructions on that page! If you fail to follow
the instructions EXACTLY, your submission will be returned for
revision.
Tier II reports:
What is this about Mandatory Electronic Reporting?
For Reporting Year 2010 (due March 1, 2011), all Colorado Tier II reports MUST BE SUBMITTED ELECTRONICALLY USING THE US EPA Tier2Submit FILE FORMAT. These electronic files can be submitted by Email, diskette, or CD. This software can be downloaded at:
http://www.epa.gov/emergencies/content/epcra/tier2.htm
. Please check with your individual LEPC/Fire Department regarding possible different deadlines or reporting thresholds.
On September 22nd, 2010, the Colorado Emergency Planning Commission (CEPC) enacted the Rule for Filing Tier II Reports Electronically – 8 CCR 1309-1. This rule requires that all Colorado Tier II reporting must use the EPA Tier2Submit electronic file format submitted either by Email, diskette, or CD.
(If mailing a floppy disk or CD, you MUST include a sheet of paper with
contact name and phone number, in case of problems.) This rule was enacted to allow more rapid availability of Tier II information for emergency planning, to place the Tier II data into a format compatible with common emergency planning software like CAMEO, and to improve data quality.
If a facility owner/operator is unable to comply with the electronic reporting requirement due to inadequate Internet connection and/or computer capability, alternate means of reporting (including paper) is allowed. Such alternate reporting must be accompanied by this certification: “Due to inadequate Internet connection and/or computer capability, this facility is unable to comply with the Tier II electronic reporting requirement. So an alternative means of reporting is being used.” Like the Tier II submittal, this certification must be signed by the owner/operator or their officially designated representative.
What Are the Community Right-to-know Requirements
( EPCRA Sections 311/312)?
Under Occupational Safety and Health Administration (OSHA) regulations, employers must maintain a
Material Safety Data Sheet (MSDS) for any hazardous chemicals stored or used in the work place. Approximately 500,000 products have MSDS's.
Section 311 requires facilities that have chemicals that require MSDS's,
and that store more than the EPCRA threshold quantity for any of these
chemicals to submit a list of these chemicals, or copies of their MSDSs to the
Colorado Emergency Planning Commission (CEPC), Local Emergency Planning
Committee (LEPC), and local fire department. This requirement is now met
by submitting a Tier II Emergency and Hazardous Chemical Inventory Form
for the applicable chemicals within 60 days of exceeding the threshold for
that chemical.
Facilities covered by Section 311 must, under Section 312, submit annually
an emergency and hazardous chemical inventory report, hereinafter
called the Tier II report, using the Tier2Submit format, for all applicable chemicals, to the
CEPC, LEPC, and the local fire department.
Tier II reports provide the following information for each substance:
- The chemical name or the common name as indicated on the MSDS;
- 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; and
- an indication of whether the owner elects to withhold location information from disclosure to the public.
The State of Colorado now requires electronic reporting by Email, CD, or diskette using the US EPA Tier2Submit software file format, and follows the Federal standard filing dates and filing thresholds. Because some LEPCs have added requirements and different thresholds, each LEPC should be contacted for additional filing requirements. Section 312 information
must be submitted on or before March 1 each year. The information submitted under sections 311 and 312 is available to the public on an individual facility basis. EPA estimates that about 550,000 facilities are now covered by EPCRA 311/312 requirements.
What is a reportable chemical? If the company is required by OSHA to keep an MSDS on file for any chemicals stored or used in the work place,
AND the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then it must be reported. 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. 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. Please note this exemption does not apply to fuel mixtures containing greater than 10% Ethanol.
Important Notice:
Motor oil, antifreeze and diesel meet the OSHA definition of a "hazardous chemical".
Contrary to what is being listed on a number of MSDS sheets from some oil companies,
Motor Oil is considered a Hazardous Chemical by the Occupational Safety and Health Administration
(OSHA). This
letter from 1997 on the OSHA website was written in response to a memorandum stating that antifreeze, oil products and diesel were not hazardous.
As stated, " . . [the] statement about the Occupational Safety and Health Administration (OSHA) definition of a hazardous chemical is incorrect.
In 29 CFR 1910.1200, OSHA simply states a hazardous chemical is any chemical which is a physical hazard or a health hazard.
Antifreeze, oil and diesel are at the minimum irritants and, as such, would all fall under the category of "hazardous
chemical."
This memo, dated in 2002, from OSHA to Region 8 EPA, was written in
response to later requests for additional information; " . . . . . Based on the MSDS info and the OSHA position on the ‘reasonable expectation’ being applied to the 1910.1200 standard,
OSHA felt it would require coverage of the oil in both forms [new and used]
to be regulated as a hazardous chemical."
Therefore, Motor Oil, Antifreeze, and Diesel are all considered a 'hazardous chemical', and as such, are required to be reported on the annual Tier II reports when in excess of their Threshold Planning Quantity (TPQ).
Who must file under Sections 311/312?
If the company is required by OSHA to keep any MSDS's on file for any hazardous chemicals stored or used in the work place, 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 a Tier II form must be filed for
every year that any of the chemicals exceed the TPQ.
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.
How often should this report be filed?
This is an annual report, due March 1, and covers the activity of the past calendar year. (i.e. calendar year
2010 reporting is due March 1, 2011).
Who is this report sent to?
For Colorado facilities, diskettes/CDs or completed paper forms (if unable to file electronically) should be sent to the following three places:
-
Colorado Emergency Planning Commission c/o Colorado Department of Public Health & Environment
Tier2Submit files only – email to:
cdpheedtier2submit@cdphe.state.co.us
.
Tier2Submit diskettes or paper forms (only if unable to file electronically)
– mail to:
Colorado Emergency Planning Commission
c/o Colorado Department of Public Health & Environment
SARA Title III -- Tier II Reports
DEHS-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
-
Your Local Emergency Planning Committee (LEPC), for whichever county the facility(s) is in
List of Colorado Local Emergency Planning Committees
(LEPCs)
-
Your Local Fire Department (Get in touch with your LEPC to determine the contact for your local fire department.)
What form should be used?
The State of Colorado now requires electronic reporting using theTier2Submit software file format or the Federal Tier II form (only if unable to file electronically), and follows the standard Federal filing dates and filing thresholds. Because some LEPCs have added requirements and different thresholds, each LEPC should be contacted for additional filing requirements.
The Rule for Filing Tier II Reports Electronically mandates that all Colorado Tier II reporting must use the EPA Tier2Submit electronic file format submitted either by Email, diskette, or CD.
If a facility owner/operator is unable to comply with the electronic reporting requirement due to inadequate Internet connection and/or computer capability, alternate means of reporting (including paper Tier II Form) is allowed.
Such alternate reporting must be accompanied by this certification: “Due to inadequate Internet connection and/or computer capability, this facility is unable to comply with the Tier II electronic reporting requirement. So an alternative means of reporting is being used.” Like the Tier II submittal, this certification must be signed by the owner/operator or their officially designated representative.
If the Tier II Form is used, it should be submitted as a hard copy (printed paper) to the state. Do not email scanned or pdf’ed forms.
Other forms required by Local Emergency Planning Committees will NO LONGER be accepted; a spreadsheet listing of chemicals is not acceptable.
Update -- TIER II Submit Software
Electronic Tier II reports in the Tier II Submit software file format must be submitted as an Email attachment OR as an electronic file on a diskette or CD to the Colorado Emergency Planning Commission address above. The Tier2Submit software link and instructions (follow them EXACTLY) are at
http://www.cdphe.state.co.us/oeis/sara/tier2submit.html .
Please make sure that the Company Name is included FIRST under the Facility Name field and that a mailing address is included for each facility. Some previous submittals listed only the individual facility name, which made it difficult to determine the Company ownership.
How do I find my NAICS Code?
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
http://www.census.gov/eos/www/naics/ .
A crosswalk between SIC codes and NAICS codes is available at http://lmi.state.oh.us/Special/SicToNaicsCrosswalk.htm
.
Is there a fee? Colorado also charges Pollution
Prevention Fees for facilities reporting under SARA Title III regulations. This was established under the Colorado Pollution Prevention Act of 1992.
These are not due at the time of filing; they will be billed later in the
year (see link for amounts).
Special
Cases or Exemptions? There are several special
cases/exemptions given in the Act:
Agricultural businesses: Exempt from fees entirely. If
you are claiming an agricultural exemption and do not have a form on file
with us, you must obtain and fill out an agricultural exemption form.
If you have any questions regarding the agricultural exemption form, email
the Colorado SARA
Title III program.
Multiple reporting facilities: $1000 maximum fee for any
one reporting organization which owns or operates multiple reporting
facilities in Colorado. The multiple facility ceiling should have been
figured into your invoice.
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 do not have to be reported on a Tier II (unless they exceed
those new thresholds). (40 CFR Parts 9 and 370) If
any of the gasoline/diesel is stored in aboveground tanks, the original
TPQ of 10,000 pounds applies to all. Any other chemicals that are
stored at the facility in excess of 10,000 pounds (such as motor oil,
kerosene, propane, etc) still need to be reported. This
gas/diesel exemption does not apply to Bulk Tank Farms (SIC
5171), to
co-ops that sell only to their members, or to delivery businesses who
store gas/diesel for their own use. This exemption also does not apply to mixtures of gasoline/ethanol that have greater than 10% ethanol.
Additional Instructions/Reminders:
-
Please
note REPORTING RANGES ARE FOR ** POUNDS**, NOT GALLONS, CUBIC FEET, ETC. Please convert all volume measurements (gallons, cubic feet, etc)
into POUNDS.
-
Also, note that Reporting Range “00" was deleted as of June 1990.
Any forms received containing this range will be returned, and a corrected
form will be requested.
-
For
annual reporting, the Tier II report should not be filed prior to January 1st, as the
report should 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
within 90 days. If a
Tier I report is filed instead of a Tier II report, a Tier II form will be requested.
-
Be sure to check with your Local
Emergency Planning Committee (LEPC) for information concerning potential
differences in deadlines, forms, or reporting thresholds.
Where can I find the
regulations?
EPCRA, 40 CFR Sections
370-372
Colorado Pollution
Prevention Act of 1992
40 CFR Parts 9 and 370 (Retail Gas Station
ruling)
If you
have any questions regarding Tier II reporting forms, please do not hesitate
to email the Colorado SARA
Title III program.For technical questions regarding Tier II reporting
requirements, please email the Colorado SARA
Title III program, or call the EPCRA Hotline at 1-(800) 424-9346 or (703) 412-9810;
TDD (800)553-7672
Monday -Friday, 9 AM to 6 PM, EST800-424-9346.
Additional information on the Tier II
Hazardous Chemical Inventory Reporting:
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