West Virginia Tier II Reporting

Tier Ⅱ reporting in West Virginia 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 West Virginia’s Tier II Reporting Requirements

Who Needs to Report?

Any facility in West Virginia 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 West Virginia 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 West Virginia 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 West Virginia can be found here.

Types of Facilities Subject to Tier II Reporting

Here are some examples of facilities in West Virginia that would need to submit Tier II chemical inventory reports:

• Coal mines – Use explosives like ammonium nitrate as well as diesel fuels, lubricants, hydraulic fluids, and solvents.
• Chemical manufacturers – May produce industrial gases, acids, alcohols, pesticides, plastics/resins requiring inventory reporting.
• Metal fabricators – Use solvents, degreasers, acids, paints, and oils during metal shaping and coating processes.
• Power plants – Have ammonia for NOx control, coal ash, water treatment chemicals, and backup fuels like diesel.
• Gas stations – Store gasoline and diesel in underground storage tanks exceeding reporting thresholds.
• Farms – Likely have ammonia for refrigeration, pesticides, and fuels for equipment exceeding 500 lbs.
• Auto garages – Use brake fluids, transmission fluids, radiator fluids, and degreasers subject to reporting.
• Pulp and paper mills – Require bleaching agents, acids, sodium hydroxide, and solvents for operations.
• Hospitals – Onsite bleach, lab chemicals, waste anesthetic gases, and pharmaceuticals may require reporting.
• Wastewater treatment – Chlorine, sulfur dioxide, alum, polymers, and sodium hydroxide are often used.
• Universities – Lab chemicals, heating oils, and cleaning agents may meet inventory requirements.

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.

West Virginia’s Electronic Tier II Reporting System (Tier II Manager™)

Overview of Tier II Manager™

The West Virginia Division of Homeland Security and Emergency Management (DHSEM) utilizes Tier II Manager, an online hazmat reporting and emergency planning system, for Tier II chemical inventory reporting. Facilities required to submit EPCRA Tier II reports must use the Tier II Manager system. It allows for electronic submission via the website.

How to Submit a Tier II Report in West Virginia

Here are the key steps for facilities in West Virginia to submit their annual Tier II chemical inventory reports using the Tier II Manager online system:

• Gather the required information – This includes an inventory of all hazardous chemicals stored on-site above reporting threshold limits, along with basic facility identification information
• Create an account on Tier II Manager and log in or click “Register” to create an account for your facility
• Start a new Tier II report – Once logged in, click “Start New Report” to begin filling out the Tier II form with your facility and chemical inventory information
• Enter facility identification information – This includes name, address, Dun & Bradstreet number, etc.
• Add your chemical inventory – For each hazardous chemical on your site that was above its reporting threshold, enter the amount, location, storage types, etc.
• Enter contact information – Provide contact details for your facility’s Tier II coordinator, owner, and operator
• Review and verify report – Double check all entered information is correct before submitting
• Certify and submit – Digitally sign and officially submit the completed Tier II report to state and local officials
• Pay fees – West Virginia requires a fee payment along with the Tier II report submission. Follow the prompts to pay any required fees. The amount will be calculated automatically.
• Print final copy – Download or print a final copy of the certified Tier II report for your records

Key Points

• Tier II Manager will send a notification to the LEPC and Fire Department based on the information you provided in your Annual Report. You do not need to submit a hard copy of the report to your LEPC or Fire Department.
• Tier II Reporting Fee Structure in West Virginia:  
• $25 Facility Fee (including the first 5 hazardous chemicals)
• $10 for each additional hazardous chemical
• $50 per EHS
• $25 for the first 35 Oil/Gas Facilities
• $10 for each additional Oil/Gas Facility
• $2,500 max fee per Facility

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In West Virginia, 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 West Virginia, 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

In West Virginia Tier II reports must be filed using the Tier II Manager online reporting system, no hard copies will be accepted and will be shredded if received. 

Keep Copies of All Submitted Reports

Print and retain submitted reports 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 West Virginia

Potential Fines and Legal Consequences

Failing to properly submit a Tier II chemical inventory report in West Virginia can lead to the following potential fines and legal consequences:

• Civil penalties of up to $27,500 per violation per day are imposed by EPA for lack of reporting, incomplete reports, or late submissions.
• Criminal fines of up to $50,000 and up to 5 years imprisonment for knowing violations. This could include willful failure to report hazardous chemicals as required.
• Restrictions on future activities and purchases for repeat violations and failure to address non-compliance issues when notified.

Impact on Community Safety and Emergency Preparedness

The failure to properly file Tier II chemical inventory reports can severely impact community safety and emergency preparedness in West Virginia. Here are some examples:

• In 2019, an electrical fire occurred at a manufacturing facility that had failed to report large quantities of PCBs. Firefighters were exposed to toxic fumes that could have been avoided with proper Tier II disclosure.
• A gas well drilling site experienced an explosion in 2021 harming workers. An incomplete Tier II form omitted key details on quantities of flammable materials on location.