Wyoming Tier II Reporting

Tier Ⅱ reporting in Wyoming 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 Wyoming’s Tier II Reporting Requirements

Who Needs to Report?

Any facility in Wyoming 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 Wyoming 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 Wyoming 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 Wyoming can be found here.

Types of Facilities Subject to Tier II Reporting

Here are some examples of facilities in Wyoming that would be required to submit a Tier II emergency and hazardous chemical inventory report:

• Oil and gas sites – Oil, diesel fuels, hydraulic fluids, drilling chemicals, hydrogen sulfide, propane
• Coal mines – Ammonium nitrate, blasting agents, diesel fuels, solvents, lubricants
• Railyards – Diesel fuel, battery acids, paints, herbicides
• Chemical manufacturers – Sulfuric acid, sodium hypochlorite, ammonia, chlorine, solvents
• Metal refineries and fabricators – Sodium hydroxide, acids, mercury, solvents
• Power plants – Ammonia, coal ash, sulfuric acid, backup fuels like diesel
• Wastewater facilities – Chlorine, bleach, acids, polymers, solvents
• Farms and dairies – Anhydrous ammonia, pesticides, diesel fuels
• Auto dealers and repair shops – Gasoline, oils, solvents, battery acids
• Hospitals – Formaldehyde, waste anesthetic gases, sterilization chemicals
• Universities – Lab chemicals, diesel for generators, cleaning agents
• Food processors – Ammonia refrigeration, bleach, pesticides

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. 

Wyoming’s Electronic Tier II Reporting System (Tier2 Submit Software and Aristatek)

Overview of Tier II Submit Software/Aristatek

Tier2Submit is software developed by the federal government. Facilities required to submit Tier II reports must use the Tier2Submit software to file reports electronically and then submit it via the Aristatek Wyoming Tier II Portal. 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 Wyoming

• 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
• Go here and enter the requested information, including uploading the .t2s file. An account is not necessary for a Tier II submission in Wyoming.
• A confirmation email will be sent to the email address you inputted during the submission process. Retain a copy of this email for your records. Wyoming does not require payment for Tier II submissions.

Key Points

• The Wyoming SERC will distribute the report to the LEPC and Fire Department. Submitting the .t2s through the Aristatek Wyoming Tier II portal will satisfy all of your reporting requirements.
• In Wyoming, if a facility is subject to emergency planning requirements (i.e., there is an EHS on-site over the Threshold Planning Quantity), then that facility MUST submit an “Emergency Plan” along with their Tier II submission. This plan should be included in the attachments section within the Tier2 Submit software. The Wyoming SERC has provided a template to aid in development of an emergency plan.

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

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

Additional Reporting Requirements

In Wyoming, 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. 

Keep Copies of All Submitted Reports

Print and maintain a copy of the submitted Tier II report onsite for your compliance 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 Wyoming

Potential Fines and Legal Consequences

Failure to properly submit a Tier II hazardous chemical inventory report in Wyoming can result in the following potential fines and legal consequences:

• 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.
• Citizen lawsuits are permitted under EPCRA which allows citizens to sue and potentially recover costs related to insufficient Tier II reporting.
• Court injunctions may force facilities to promptly submit compliant Tier II reports if violations are not addressed voluntarily.
• Increased regulatory inspections and scrutiny if non-compliance is identified through missing or inaccurate Tier II filings.
• Loss of permits or operating authority is possible in egregious cases where Tier II violations contribute to accidents or endangerment.
• Stop sale or stop use orders for chemicals that are not properly documented in Tier II submissions as required.
• Required publication of non-compliance notices in local newspapers naming late or incomplete filers.
• Restrictions on future purchases and site expansion possibilities for facilities with repeated Tier II violations.

Impact on Community Safety and Emergency Preparedness

Failure to properly file EPCRA Tier II chemical inventory reports can negatively impact community safety and emergency preparedness in Wyoming. Here are some examples:

• In 2019, a chemical plant explosion injured workers and caused an evacuation. An investigation found the plant failed to report certain flammable chemicals in its latest Tier II filing.
• Multiple Wyoming counties have reported that Tier II data deficiencies delayed responses and contributed to greater community impacts during hazardous materials transportation incidents.
• Volunteer firefighters have raised concerns about insufficient Tier II reporting from local facilities that prevents adequate training and pre-planning for potential chemical emergencies.