Ohio Tier II Reporting

In Ohio, any facility storing hazardous chemicals at or above certain thresholds must comply with Tier II reporting requirements. According to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), submitting a Tier II form is mandatory when handling such chemicals.  This form is used to notify state officials, local officials, and the general public about potential hazards

Understanding Ohio’s Tier II Reporting Requirements

Who Needs to Report?

Facilities must report if they store:

• • At least 10,000 lbs of hazardous chemicals.
  • At least 500 lbs  (or the threshold planning quantity, whichever is less) of extremely hazardous substances

Retail fuel stations with underground storage tanks storing:

• • • At least 75,000 gallons or more of gasoline
    • 100,000 gallons or more of diesel fuel (all grades combined)

Key Points:

• • The reporting thresholds apply to the maximum quantity stored at a facility at any one time during the reporting year. 
  • Chemicals with reporting exemptions do not need to be included, even if thresholds are met.
  • Facilities below the reporting thresholds for all chemicals are exempt from submitting a Tier II report.

More information about reporting requirements in Ohio can be found here.

Types of Facilities Subject to Tier II Reporting

Here are some common examples of facilities and chemicals in Ohio that would likely need to submit a Tier II report:

Facilities:

• Chemical plants
• Oil refineries
• Water treatment plants
• Manufacturing sites (autos, metals, plastics, etc.)
• Wastewater treatment plants
• Farms
• Transportation departments
• Universities
• Hospitals
• Gas stations
• Building maintenance facilities

Chemicals:

• Combustible liquids (gasoline, diesel, kerosene)
• Solvents (alcohols, ketones, toluene)
• Acids (sulfuric, hydrochloric, nitric)
• Bases (sodium hydroxide, ammonium hydroxide)
• Refrigerants (anhydrous ammonia, Freon)
• Cylinder gasses (propane, oxygen)
• Pesticides
• Cryogenic gasses (hydrogen, nitrogen)
• Paints and adhesives
• Lubricants and oils

Ohio’s Electronic Tier II Reporting System (Tier2Submit Software)

Overview of​ Tier2Submit Software

Ohio encourages electronic Tier II submissions via email using Tier2Submit Software. Tier2Submit allows users to build chemical inventories, map locations, and generate reports. 

How to Submit a Tier II Report in Ohio

Here is a summary of the key steps to submit a Tier II report using Tier2Submit Software:

• Build your facility and chemical inventory
• Add your facility details like name, address, contacts, etc.
• Input your chemical inventories including CAS numbers, storage locations, and amounts.
• Validate and finalize the report 
• Perform quality checks and validate that the report is accurate
• The software will also check for any potential errors
• Certify that the information is true, accurate, and complete
• Export your Tier II report(s) in Tier2Submit as a .t2s file or a .zip file and send the file to SERC@epa.ohio.gov along with a signed copy of your certification letter.

Key Points

• While not preferred, you may also submit your Tier II report by paper and/or mail.
• To submit by paper, the Facility Identification Form, the Facility Map, and the Inventory forms must be mailed to:

State Emergency Response Commission
c/o Ohio EPA
Lazarus Government Center
50 West Town St., Suite 700
P.O. Box 1049
Columbus, Ohio 43216-1049
Attn: SERC

• To submit the .t2s file by mail, upload it and the certification to a flash drive and send it to the address above.
• You must also submit a copy of your Tier II report to SERC, LEPCs, and fire departments.
• To pay your filing fees, you must use the invoice stub that was mailed to you. If you have not received it, reach out to SERC@epa.ohio.gov. You must send the fee along with the completed invoice stub to:

Ohio Environmental Protection Agency
P.O. Box 77005
Cleveland, OH 44194-7005

• There is a base $150 filing fee in Ohio for every reporting facility, then an additional surcharge for every reported chemical ($150 for each EHS, and $20 for each hazardous substance).

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Ohio, facilities must submit their Tier II reports on hazardous chemicals present during the previous calendar year by March 1 annually.

Additional Reporting Requirements

In Ohio, there may be 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.

Tips for Effective Tier II Reporting

Maintain Accurate Inventory Records

Starting early in collecting compliance data will help with making sure all the data is accurate and ready to go when the March 1st deadline comes around. A good rule of thumb is to have data ready to review the first week of January.

Understand State-Specific Reporting Requirements

Although you can submit your Tier II report electronically, the LEPC and Fire Department may not be able to access a .t2s file. Therefore you may have to file those reports separately. Submission instructions (such as whether the report should be submitted electronically as a .pdf or by hard copy) will vary depending on which LEPC or FD has jurisdiction over your facility. The LEPC and FD should be contacted directly for questions regarding their submission requirements. A list of LEPCs and their contact information can be found here

Some LEPCs in Ohio such as Warren County LEPC require an additional submission to be made through a separate reporting portal.

Keep Copies of All Submitted Reports

Tier2Submit allows users to export their reports using various methods .t2s file, pdf file, and printed format. Facilities should keep copies of these exports for their records.

Common Mistakes in Tier II Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Substances

It’s important to look at all chemicals across your equipment, departments, and processes. You also need to aggregate extremely hazardous substances that may exist at your facility in different forms and containers prior to evaluating it against the reporting threshold. For example, sulfuric acid, an Extremely Hazardous Substance, could be stored in a drum; if you have lead-acid batteries, you would need to take into account the sulfuric acid in the lead-acid batteries, and add those amounts prior to comparing it to the sulfuric acid reporting threshold

Misclassifying Substances

Be sure to consult the EPA list of lists to double check if chemicals stored at your facility are or contain an extremely hazardous substance (EHS).

Failing to Keep Up-To-Date with Changes in Regulations

Even if individual requirements don’t change every year, facilities are obligated to comply with the reporting rules of the state, the LEPC, and the local fire department, and should stay informed about all three.. 

Key Points

• Submit Tier II reports on time by the March 1 deadline.
• Ensure all hazardous chemicals above reporting thresholds are included.
• Completely omitting chemicals or the full report typically leads to the highest fines.
• Even small errors associated with one chemical can incur sizable penalties.
• Keep up to date with your LEPCs and their requirements to ensure first responders have the information they need and you’re fully compliant.
• Facilities in Warren County must submit their report via the E-Plan reporting system.

Penalties for Non-Compliance with Tier II Reporting in Ohio

Potential Fines and Legal Consequences

Here are some potential penalties and fines for failing to comply with EPCRA Tier II reporting requirements in Ohio:

• The state can assess civil penalties up to $25,000 per violation per day.
• Willful violations can also lead to felony charges and fines up to $50,000 and/or 4-8 years imprisonment per violation per day.
• Facilities may face punitive damages in citizen lawsuits brought for failure to report.
• Ohio can obtain court orders requiring facilities to immediately submit delinquent Tier II reports.
• Non-compliant facilities may be prohibited from entering into state contracts.
• Failure to report significant increases in hazardous chemicals can invalidate standard insurance policies.
• Facilities may be responsible for reimbursing agencies for responding to an emergency without proper Tier II information.

Impact on Community Safety and Emergency Preparedness

Here are some potential examples of how failing to accurately report hazardous chemicals on Tier II inventory forms can impact community safety and emergency preparedness in Ohio:

Chemical Plant Explosion in Cincinnati: A chemical manufacturing facility in Cincinnati experiences an explosion that releases toxic chlorine gas into the surrounding area. The company had failed to accurately disclose its chlorine inventory in its Tier II report. As a result, emergency responders are unaware of the full extent of the hazard, delaying appropriate containment measures and leading to over 200 people experiencing respiratory issues.

Industrial Fire in Cleveland: A fire breaks out at a metal plating facility that did not update its Tier II report to include significant quantities of cyanide compounds stored on-site. Firefighters, unaware of the presence of these hazardous chemicals, are exposed to toxic fumes, resulting in several cases of acute poisoning and necessitating hospitalization.