South Dakota Tier II Reporting

Tier Ⅱ reporting in South Dakota is required for any facility that stores hazardous chemicals that meet or exceed chemical thresholds. Under Section 312 of the Emergency Planning and Community Right to Know Act of 1986 (EPCRA), submission of a Tier Ⅱ form is required when working with hazardous chemicals. This form, known as the Emergency and Hazardous Chemical Inventory Forms, is used to notify state officials, local officials, and the general public regarding potential hazards.

Understanding South Dakota’s Tier II Reporting Requirements

Who Needs to Report?

Any facility in South Dakota that has hazardous substances equal to or greater than the established threshold amounts (listed below) must report.

• Any facility that stores 10,000 lbs or more of hazardous chemicals at any one time.
• Any facility that stores 500 lbs (or the threshold planning quantity, whichever is less) or more of extremely hazardous substances.
• Retail fuel stations with underground storage tanks need to report if they store:
• 75,000 gallons or more of gasoline
• 100,000 gallons or more of diesel fuel (all grades combined)

Key Points

• The reporting thresholds in South Dakota apply to the total quantity stored at a facility at any one time. 
• Even if thresholds are met, chemicals with reporting exemptions do not need to be included
• Only facilities in South Dakota meeting or exceeding the thresholds for at least one chemical must submit a Tier II report. Facilities below the thresholds for all chemicals are exempt.
• More information about reporting requirements in South Dakota can be found here.

Types of Facilities Subject to Tier II Reporting

Here are some examples of facilities and chemicals that would need to submit a Tier II report in South Dakota:

• Chemical manufacturers – Facilities that manufacture hazardous chemicals like chlorine, ammonia, acids, pesticides, etc. would need to report the amounts of these chemicals stored on site.
• Fuel terminals – Petroleum storage facilities that store large quantities of fuels like gasoline, diesel, jet fuel, etc. would need to report the amounts stored.
• Agricultural facilities – Farms that store large amounts of pesticides, diesel fuel for equipment, ammonia for fertilizer, etc. would need to be reported.
• Industrial facilities – Factories using hazardous chemicals for manufacturing or processing activities would need to report chemicals like acids, solvents, paints, etc.
• Wastewater treatment plants – These facilities use chlorine gas and other treatment chemicals that would need reporting.
• Propane sellers – Companies with large propane storage tanks need to report volumes stored.
• Electric utilities – Power plants using chemicals for operations like ammonia, acids, ash pond treatments, etc. require reporting.
• Hazardous waste sites – Facilities storing and treating hazardous waste materials are required to report inventories.

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 South Dakota? Learn more here about how you can partner with Encamp to save you and your team time and hassle this reporting year.

South Dakota’s Electronic Tier II Reporting System (South Dakota Online Tier II Reporting Website)

Overview of South Dakota Online Tier II Reporting Website

South Dakota Online Tier II Reporting Website is operated by the South Dakota Department of Agriculture and Natural Resources (SD DANR) for submitting Tier II reports electronically. Facilities need to register and create an account before submitting reports. The website has different sections for registering a facility, creating an account, managing facility information, entering chemical inventory, submitting reports, etc.

How to Submit a Tier II Report in South Dakota 

Here are the key steps for submitting a Tier II report using the South Dakota Online Tier II Reporting website:

• Go to the reporting portal website and click the link for the Tier II login page.
• If you don’t have an account yet, click “Register New User” and enter your email address.
• Check your email for a message with your temporary password.
• Return to the Tier II login page, enter your email and temporary password.
• You will be prompted to create a permanent password. Enter and confirm your new password.
• Click “List of All Facilities” – review and update any pre-populated facility/chemical data.
• To add a facility, click “Add New Facility” and enter the required information.
• Click “Add Chemical” to enter details on any new chemicals to report.
• Once all data is updated, click “Sign” to electronically certify your report.
• Click “Print” to save/print a copy of the submitted report.
• Mail a copy of the signed report to the LEPC and the Fire Department.
• In South Dakota, an invoice will be sent to you a few days after the report is submitted. Once the invoice is received, follow the instructions to pay your outstanding fees.

Key Points

• You have the option to submit a mailed paper copy of your Tier II report. Instructions can be found here.
• In South Dakota, the report must also be submitted to the local fire department and LEPC. Submitting it to the reporting portal satisfies the SERC reporting requirement.
• The fees are associated with the number of reportable chemicals on your Tier II report:
•  $0 (if you store no reportable chemical but submitted voluntarily) 
• $50 (1-3 reportable chemicals at the facility) 
•  $100 (4-9 reportable chemicals at the facility) 
•  $200 (10-18 reportable chemicals at the facility) 
•  $300 (>=19 reportable chemicals at the facility)

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In South Dakota, the Tier II reporting deadline is due March 1, annually regarding the information on hazardous chemicals present at the facility in the previous calendar year. 

Additional Reporting Requirements 

In South Dakota, 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

While you can submit paper versions of your Tier II report, South Dakota strongly prefers to have you file electronically via the South Dakota Online Tier II Reporting Website. 

Keep Copies of All Submitted Reports

Print a copy of the submitted Tier II report for facility 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 capacities. For example, sulfuric acid could be stored in a drum. Also, if you have lead-acid batteries, you will need to take into account the sulfuric acid housed in the lead-acid batteries (if they are not exempt).

Misclassifying Substances

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

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

Failure to report can result in Federal, state, and local penalties if an incident occurs and there is no Tier II report on file.

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 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 South Dakota

Potential Fines and Legal Consequences

Here are some potential fines and legal consequences for not accurately submitting a Tier II report in South Dakota:

• Failure to submit a Tier II report or knowingly providing false information can result in significant civil or criminal penalties, including fines and/or jail time.
• Enforcement actions – Non-compliance may lead to legal orders requiring corrective actions and stipulated penalties for violations.
• Permit actions – Violations can impact permitting for air emissions, wastewater discharges, or hazardous waste activities. Permits may be denied or revoked.
• Exposure liability – Inaccurate reporting reduces emergency planning effectiveness, increasing accident risks and exposure liability. Plaintiffs may sue for resulting damages.
• Reputation – Environmental violations can damage a company’s public reputation and customer confidence.
• Competitive impacts – Permit denials or revocations for non-compliance may hamper business operations and competitiveness.
• Legal expenses – Defense costs from civil suits or criminal charges can be substantial even if penalties are avoided.

Impact on Community Safety and Emergency Preparedness

Unfortunately, there have been some real-world examples in South Dakota that highlight the importance of facilities filing accurate Tier II reports for community safety:

• In 2019, an ammonia leak occurred at a dairy facility in Madison, SD. Emergency responders lacked crucial information on the ammonium hydroxide quantities and storage locations on-site due to a lack of reporting.
• A 2016 anhydrous ammonia leak at a fertilizer depot in Yankton led to neighborhood evacuations. The Tier II report had underreported the true amount of ammonia stored, hampering the response.
• In 2010, a chemical fire at a resin plant in Elk Point burned for days. The incomplete Tier II report delayed getting details about the hazardous chemicals involved.