Rajan Wilcox
Tier II reporting is an annual regulatory requirement for facilities storing hazardous chemicals above specific thresholds. The EPA defines hazardous chemicals as substances requiring a Safety Data Sheet (SDS) under OSHA's Hazard Communication Standard, which includes common chemicals like antifreeze, ethanol, diesel fuel, and propane. Diesel fuel must be reported on Tier II if it exceeds the threshold quantity of 10,000 pounds or approximately 1,300 gallons. Retail gas stations with underground storage tanks (USTs) complying with federal regulations have higher reporting thresholds, with diesel fuel exceeding 100,000 gallons requiring reporting. Tier II reports are due on March 1 each year and must include specific data on hazardous chemical types, quantities, locations, and safety measures.
| Characteristics | Values |
|---|---|
| Reporting requirements | Diesel fuel must be reported on Tier II if it is a hazardous chemical stored above a specific threshold quantity. |
| Hazardous chemicals definition | As defined by the EPA, hazardous chemicals are "substances for which a facility must maintain a Safety Data Sheet (SDS) under the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard." OSHA defines a hazardous chemical as any chemical that can "cause a physical or health hazard." |
| Threshold quantities for reporting | For retail gas stations with underground storage tanks (UST) in compliance with federal storage tank requirements, the threshold for reporting diesel fuel is 100,000 gallons. For other facilities, the threshold for reporting hazardous chemicals is 10,000 pounds, which is equivalent to 1,300 gallons of diesel fuel. |
| Exemptions | Retail gas stations have higher thresholds and are not exempt from Tier II reporting. Farms that use diesel fuel for agricultural operations may be eligible for exemption. |
| Submission process | Tier II reports are due annually on March 1 and must be submitted electronically through Tier 2 Submit software. The report must include specific data such as the types and quantities of hazardous chemicals stored, their locations, and safety measures. |
| Consequences of non-compliance | Failure to comply with Tier II reporting laws can result in civil fines of over $50,000 per day for each violation. |
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What You'll Learn
Diesel fuel is a hazardous chemical
Diesel fuel is considered a hazardous chemical for storage purposes, and its reporting is subject to specific thresholds. In the United States, retail fuel stations with underground storage tanks (UST) must report diesel fuel exceeding 100,000 gallons in storage. This threshold is specific to retail facilities selling diesel fuel to the public for motor vehicle use. Facilities storing hazardous chemicals above the reporting thresholds, which is typically 10,000 pounds or 1,300 gallons for diesel fuel, must also submit a Tier II report.
The classification of diesel fuel as a hazardous substance varies depending on the context, such as transportation or storage, and the regulatory standards in place. In Australia, for example, diesel fuel is not classified as a dangerous substance for transportation, according to the ADG code. However, for storage purposes, it is considered a dangerous good and must comply with the Australian Standard AS1940-2017. This standard outlines specific requirements for the safe storage of diesel fuel, including the use of indoor safety cabinets or outdoor chemical storage containers.
The consequences of non-compliance with Tier II reporting requirements can be significant. Civil fines for violations of EPCRA Section 312 can exceed $50,000 per day. Therefore, it is crucial for facilities storing diesel fuel or other hazardous chemicals to accurately maintain records, understand the regulatory framework, and submit Tier II reports annually to comply with state and federal requirements.
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Reporting thresholds for diesel fuel
Tier II reporting is intended to outline the quantity of hazardous chemicals stored on-site at a facility. This includes diesel fuel, which is considered a hazardous chemical. Tier II reports are due annually on March 1 and must be submitted to the relevant state agency, State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and the local fire department.
- Retail gas stations with underground storage tanks (UST) in compliance with federal storage tank requirements must report when diesel fuel storage exceeds 100,000 gallons.
- Facilities that store hazardous chemicals on-site in quantities exceeding 10,000 pounds (approximately 1,300 gallons of diesel fuel) at any point during the year must submit a Tier II report.
- Facilities storing an Extremely Hazardous Substance (EHS) of 500 pounds or its Threshold Planning Quantity (TPQ), whichever is less, are also required to submit a Tier II report.
It is important to note that Tier II reporting requirements may vary by state, and certain exemptions may apply. For example, farms that use diesel fuel to run machinery may be exempt from Tier II reporting. Additionally, some states have stricter reporting requirements and thresholds, so it is essential to stay updated with state-specific regulations.
To ensure compliance with Tier II reporting, facilities should maintain accurate purchasing and storage records and consult the relevant regulatory frameworks, such as the Emergency Planning and Community Right-to-Know Act (EPCRA) and its associated sections.
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Retail gas stations and diesel reporting
Tier II reporting is an annual regulatory reporting obligation that has been around for decades. It is intended to report on the quantity of hazardous chemicals stored on-site at a facility. The EPA requires Tier II Reports (or Emergency and Hazardous Chemical Inventory Reports) for facilities that store hazardous chemicals above specific threshold quantities. These reports are due annually on March 1 and must be submitted electronically through Tier 2 Submit software. The Tier II form requires specific data for compliance, including the types and quantities of hazardous chemicals stored, their locations, and safety measures.
Retail gas stations are not exempt from Tier II reporting. However, they do have higher thresholds for reporting than other facilities. The minimum thresholds for reporting gasoline and diesel fuel stored completely underground at retail gas stations in compliance with underground storage tank (UST) regulations are 75,000 gallons and 100,000 gallons, respectively. These higher thresholds only apply to retail facilities engaged in selling gasoline and/or diesel fuel principally to the public for motor vehicle use on land.
For example, if a facility stores 1,300 gallons of diesel fuel, that is equivalent to 10,000 pounds, which would exceed the reporting threshold. Therefore, the facility would need to submit a Tier II report.
In California, all retail transportation fueling stations are required to file a Retail Fuel Outlet Annual Report (CEC-A15) with the California Energy Commission (CEC). These stations report retail sales of gasoline, diesel, and other transportation fuels. Additionally, companies can use tools like the OPIS Retail Radius Report to track real-time retail gas and diesel prices within a certain radius of a retail site, allowing them to make quick price adjustments to stay competitive.
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Tier II reporting deadlines
The Tier II reporting process aims to provide state, local officials, and the public with specific information on potential hazards. This includes the types, quantities, and locations of hazardous chemicals stored at a facility. The reports must be submitted electronically through Tier 2 Submit software, which is preferred by state authorities and the EPA. Facilities must also meet any state-specific submission requirements and technical guidelines for using the software.
The reporting thresholds for hazardous chemicals are crucial to determining if Tier II reporting is required. Facilities must submit a report if they meet any of the following criteria: storing 10,000 pounds of any hazardous chemical, or exceeding 500 pounds of a substance on the EPA's Extremely Hazardous Substance (EHS) list, or the threshold planning quantity (TPQ), whichever is less. For retail fuel stations with underground storage tanks (UST), the thresholds are higher, with reporting triggered when gasoline storage exceeds 75,000 gallons or diesel fuel exceeds 100,000 gallons.
It is important to note that failure to comply with Tier II reporting requirements can result in significant civil fines, and it is the responsibility of the facility to ensure accurate reporting. Maintaining proper chemical inventory recordkeeping processes and understanding the regulatory framework surrounding Tier II reporting are essential to staying compliant and meeting the reporting deadlines.
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Civil fines for non-compliance
Tier II reporting is an annual regulatory reporting obligation that has been in place for decades. It requires facilities to report the quantity of hazardous chemicals they have stored on-site. Tier II reports are due on March 1 each year and must be submitted electronically through Tier2 Submit, the preferred software of state authorities.
Retail fuel stations with underground storage tanks (UST) that comply with federal storage tank requirements must report when diesel fuel storage exceeds 100,000 gallons. This threshold is higher than the minimum reporting threshold of 75,000 gallons for gasoline.
To avoid civil fines, facilities must pay attention to the reporting thresholds and conduct thorough inspections to identify the amount of hazardous chemicals stored on-site. By maintaining accurate purchasing and storage records, facilities can more easily comply with Tier II reporting requirements and meet the deadline.
In addition to civil fines, non-compliance with Tier II reporting can have other negative consequences. For example, accurate reporting of hazardous substances is crucial for community safety and emergency response planning. By failing to report, facilities may hinder the ability of state and local officials to effectively prepare for and manage potential hazards. Therefore, submitting Tier II reports is not only a legal requirement but also a critical component of ensuring the safety and well-being of the community.
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Frequently asked questions
Tier II reporting is an annual report that details the quantity of hazardous chemicals stored on-site at a facility.
Yes, diesel fuel is considered a hazardous chemical and must be reported in Tier II reports.
The threshold for diesel fuel stored underground at retail stations is 100,000 gallons. For other facilities, the threshold is 1,300 gallons or 10,000 pounds.
Tier II reports are due annually on March 1st.
