Tier II Frequently Asked Questions

For Reporting Year 2012 (due March 1, 2013), 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 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 Environmental Protection Agency (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.

 Electronic Reporting using Tier2Submit software  

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 State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire department. In Colorado, the SERC is the Colorado Emergency Planning Commission (CEPC). Under the authority of the CEPC, the CDPHE SARA 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.

Facilities covered by Section 311 must, under Section 312, submit annually the Tier II form for all chemicals exceeding the reporting threshold in the previous calendar year to the LEPC, CDPHE SARA Program, and the local fire department. Tier II forms 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;
• an indication of whether the owner elects to withhold location information from disclosure to the public.

The State of Colorado uses the Federal Tier II form, and follows 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 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 from the CDPHE 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 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.

For Section 302 EHSs, see links below:
 http://www.epa.gov/emergencies/tools.htm#lol  .
  Extremely Hazardous Substance List - Listed by Chemical Name    
  Extremely Hazardous Substance List - Listed by Chemical Abstract Service Number    
 
 

This is an annual report, due March 1, and covers the activity of the past calendar year. (i.e. calendar year 2011 reporting is due March 1, 2012).

For Colorado facilities, completed forms (and any optional diskettes/CDs) should be mailed/e-mailed to the following three places:

1.Colorado Department of Public Health & Environment (for the Colorado Emergency Planning Commission)

  Electronic Reporting using Tier2Submit software 

Tier2Submit files only – email to: cdpheedtier2submit@cdphe.state.co.us  .

Tier2Submit CDs/diskettes or paper forms – mail to:

Colorado Department of Public Health & Environment
SARA Title III -- Tier II Reports OE - B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530

2.Your Local Emergency Planning Committee (LEPC), for whichever jurisdiction the facility(s) is in.
List of Colorado Local Emergency Planning Committees (LEPCs)

3. Your Local Fire Department (Get in touch with your LEPC to determine the contact for your local fire department.)
 

The State of Colorado requires the use of Tier2Submit software or the Federal Tier II form, and follows the standard Federal filing dates and filing thresholds. Because some LEPCs have added requirements, different thresholds, different filing dates, or their own forms, each LEPC should be contacted for additional filing requirements.

                             Tier II forms, Electronic and Paper   

You must use the Tier2Submit software to file with Colorado. Use of the Tier2Submit software is mandatory, unless a facility owner/operator is unable to comply with the electronic reporting requirement due to inadequate Internet connection and/or computer capability. If so, the alternate means of reporting is a paper Federal Tier II form or its equivalent. Also, the facility owner/operator must certify that they are “unable to comply with the electronic reporting requirement due to inadequate Internet connection and/or computer capability”.
 
If the Federal Tier II form or its equivalent 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 may be accepted as long as all of the required federal information is supplied; a spreadsheet listing of chemicals is not acceptable.
 
 

Update -- TIER II Submit Software

The Tier2Submit software link and instructions (follow them exactly) are at Filing Tier2Submit Forms.

Please make sure that the Company Name is included 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.

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.

For Section 302 EHSs, see links below:
 http://www.epa.gov/emergencies/tools.htm#lol  . 
  Extremely Hazardous Substance List - Listed by Chemical Name   
  Extremely Hazardous Substance List - Listed by Chemical Abstract Service Number    
 

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).

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 .

Colorado charges Pollution Prevention Fees for facilities reporting under EPCRA or SARA Title III regulations. These fees were established under the Colorado Pollution Prevention Act of 1992.  These fees are not due at the time of filing; they will be billed later in the year.

  Pollution Prevention Act of 1992       

• A governor appointed advisory board to coordinate pollution prevention activities in Colorado. (C.R.S. 25-16.5-104 & 105)
• A grants program to fund pollution prevention activities and provide technical assistance to small and medium sized businesses in the state. (C.R.S. 25-16.5-107)
• A fee paid by SARA Title III reporters to fund the grants program. (C.R.S. 25-16.5-108)

$10.00  For each facility required to report under EPCRA or SARA Title III.
$10.00  For each hazardous and/or extremely hazardous substance exceeding EPA reporting thresholds under EPCRA Section 311/312, (For Tier II chemicals reported).
$25.00  For each hazardous substance exceeding EPA reporting thresholds under the  Toxic Release Inventory (TRI) reporting requirement of EPCRA Section 313.

Fees are capped at $1,000 maximum for any one reporting organization that owns or operates multiple reporting facilities in Colorado.

Your invoice may contain fee information for more than one facility you own or operate. It is also possible that you may receive a separate invoice for each facility.  In this situation, you may choose to send one check which will cover all of your facilities, AS LONG AS you identify, by customer or invoice number, which facilities you are paying for.

There are several special cases/exemptions given in the  Pollution Prevention Act :

Agricultural businesses:

You still need to file under Tier II reporting requirements, but you are exempt from Pollution Prevention 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:

A $1000 maximum fee for any one reporting organization which owns or operates multiple reporting facilities in Colorado. The multiple facility ceiling should have already 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 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 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.
• Please note this exemption does not apply to fuel mixtures containing greater than 10% Ethanol.

Please note reporting ranges are for POUNDS and 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 in the "Who is this Report Sent to?" FAQ 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)
•   Pollution Prevention Act of 1992   

Additional information on the Tier II Hazardous Chemical Inventory Reporting:

• EPA / Preparedness - Emergency Planning and Community Right-to-Know
• Visit the Chemical Emergency Preparedness and Prevention Office (CEPPO) Home Page at: www.epa.gov/emergencies/index.htm  
•  EPA / Emergency Planning Requirements  
• For Section 302 EHSs:  
  •  Extremely Hazardous Substance List - Listed by Chemical Name  
  •  Extremely Hazardous Substance List - Listed by Chemical Abstract Service Number 
  •  SARA Title III - List of Lists – Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-To-Know Act  (EPCRA)

If you have any questions regarding Tier II reporting forms, please do not hesitate to email the Colorado SARA Title II Program at cdphe.ppsaratitle3@state.co.us.

For technical questions regarding Tier II reporting requirements, please email the Colorado SARA Title II Program at cdphe.ppsaratitle3@state.co.us, 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.