Colorado Tier II Reporting

In Colorado, 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 Colorado’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.

Types of Facilities Subject to Tier II Reporting

Here are some common examples of facilities and chemicals that would require Tier II reporting in Colorado:

• Gas stations – Gasoline, diesel fuel, ethanol.
• Auto repair shops – Motor oil, transmission fluid, antifreeze, solvents, paints.
• Manufacturing facilities – Acids, bases, solvents, paints, inks, oils, cleaning chemicals.
• Warehouses – Ammonia used in refrigeration systems, battery acids, and cleaning chemicals.
• Hospitals – Anesthetic gasses, sterilization chemicals like ethylene oxide, and solvents.
• Farms – Liquid fertilizers containing hazardous chemicals like ammonia, diesel fuel for equipment.
• Plastics manufacturers – Resins, catalysts, solvents.
• Electronics manufacturers – Corrosive acids, solvents, isocyanates.
• Wastewater treatment plants – Chlorine, ammonia, acids.
• Food processors – Ammonia used in refrigeration, cleaning chemicals.
• Chemical distributors – A variety of chemicals stored and repackaged for sale. 

Key Points

Facilities in these industries would likely need to report common chemicals stored over Tier II thresholds like acids, flammable liquids, fuels, chlorine, and ammonia.  

Need help sorting out tricky thresholds, exemptions, or submitting reports for sites or facilities in Colorado? Learn more here about how you can partner with Encamp to save you and your team time and hassle this reporting year.

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

Overview of Tier2Submit Software

Tier2Submit is software developed by the federal government, and used by the Colorado Department of Public Health and Environment (CDPHE). Facilities required to submit Tier II reports must use the Tier2Submit software to generate reports electronically and then submit it via the Colorado Environmental Online Services (CEOS) portal. Paper reporting is not accepted. The software streamlines reporting by pre-populating chemical data, saving facility information year-to-year, and providing data validation.

How to Submit a Tier II Report in Colorado

Here is an overview of the steps to submit a Tier II report in Tier2Submit via CEOS:

1. Create a report. Each year the software is updated and the new version must be downloaded and used by the reporter each year.

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

2. Create a CEOS account. All reporting companies are required to create an account in CEOS. If you do not have one click here to get started. If you already have a CEOS account, you can proceed to step 3.

3. Submittal and payment. Once the report has been created in Tier2Submit and registration in CEOS has been completed, companies MUST log in and submit the final Tier II report through CEOS. Fee invoices are generated and paid through CEOS.

Key Points

• E-mail submissions will NOT be accepted
• Once you create the report in Tier2Submit you must still submit the report to CEOS
• Fees once submitted in CEOS are as followed:
• Facility Fee – $10 for each facility
• Tier II Chemical Fee – $10 for each hazardous and/or extremely hazardous substance on the report
• Fees are capped at $1,000 per facility

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

the Tier II reporting deadline is March 1 each year, covering information on hazardous chemicals present at the facility during the previous calendar year

Additional Reporting Requirements 

In addition to the main annual Tier II reporting deadline, Colorado also has some supplemental Tier II reporting requirements:

• 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. Submitting an updated .t2s file through CEOS satisfies this notification requirement. This is also referred to as a Section 311 notification.
• 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. Submitting an updated .t2s file through CEOS satisfies this notification requirement. This is also referred to as a Section 302 notification.

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

In Colorado, Tier II reports must be generated with Tier2Submit Software and submitted through Colorado Environmental Online Services (CEOS). The state will then send the Tier II reports to LEPCs and fire departments, so no additional submissions are necessary.

Keep Copies of All Submitted Reports

Save a copy of your Tier II report once it’s completed in Tier2Submit for your 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 check 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 March 1 deadline.
• Ensure all hazardous chemicals above reporting thresholds are included.
• Completely omitting chemicals or the full report leads to the highest fines.
• Even small errors like one chemical can still incur sizable penalties.
• Follow EPCRA closely to avoid violations and protect your business finances.

Penalties for Non-Compliance with Tier II Reporting in Colorado

Potential Fines and Legal Consequences

Here are some potential legal and financial consequences for failure to comply with Tier II reporting requirements in Colorado:

• Civil Penalties – Failure to submit Tier II forms can result in civil penalties of up to $37,500 per violation per day, matching the federal EPCRA law.
• Criminal Penalties – Knowingly providing false information on Tier II forms can result in fines of up to $50,000 per violation per day, and up to 3 years of imprisonment.
• Enforcement Actions – The Colorado Department of Public Health and Environment is authorized to bring civil actions against facilities for Tier II violations. This can include court orders and injunctions.
• Permit Limitations – The state can refuse to issue environmental permits or limit operations for facilities with outstanding Tier II noncompliance.
• Permit Revocation – Egregious violations can result in environmental permits being revoked until compliance is achieved.
• Increased Scrutiny – Facilities with Tier II violations may be subject to increased inspections and scrutiny by regulatory agencies.
• Litigation – Private citizens or local agencies can file civil lawsuits against facility owners over failure to submit Tier II forms as required.

Impact on Community Safety and Emergency Preparedness

• Here are some potential scenarios demonstrating how failing to file accurate Tier II hazardous chemical inventory reports can impact community safety and emergency response in Colorado:

• Sulfur Dioxide Release in Windsor: In 2016, an oil and gas facility in Windsor experiences a major sulfur dioxide release. The facility had failed to file Tier II forms documenting large quantities of sulfur dioxide on-site. First responders, unaware of the full extent of the hazard, face challenges in managing the incident, leading to several people experiencing respiratory issues.
• Hazardous Chemical Releases During Floods: During severe flooding in 2013, damaged industrial facilities release hazardous chemicals into the floodwaters. Inadequate Tier II reporting means emergency crews are unaware of the chemicals present, complicating cleanup efforts and increasing risks to public health and the environment.
• Chlorine Gas Leak in Durango: In 2018, a chlorine gas leak occurs at a wastewater treatment plant in Durango. The facility had not submitted updated Tier II forms after increasing its chlorine inventory. The lack of current information delays the hazmat team’s response, resulting in nearby residents experiencing health issues due to chlorine exposure.
• Ammonia Leak in Greeley: In 2020, a large ammonia leak happens at a food processing facility in Greeley. First responders are unaware of the full quantities of ammonia stored on-site due to missing Tier II reports. This lack of information puts emergency personnel at higher risk during the response and delays protective actions for the surrounding community.