Alaska Tier II Reporting

Tier Ⅱ reporting in Alaska 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. Alaska has different and/or additional reporting requirements than the Federal reporting requirements.

Understanding Alaska’s Tier II Reporting Requirements

Who Needs to Report?

Any facility in Alaska that has hazardous substances equal to or greater than the established threshold amounts (listed below) must report. The following substances and reporting thresholds are established in Alaska Statute 29.35.500(c):

• any quantity of a hazardous material of the hazard class identified in federal placarding regulations as: 
• Poison Gas Hazard Division No. 2.3 and Poisons 6.1;
• Explosives 1.1;
• Explosives 1.2 and 1.3, excluding smokeless gunpowder, black powder, and ammunition;
• Flammable solid Divisions 4.1, 4.2, and 4.3; or
• Radioactive Hazard Class 7;
• A hazardous chemical, or a hazardous material other than one described in (1) of this subsection, if handled in a single day in an amount equal to or greater than 10,000 pounds
• An extremely hazardous substances in a quantity equal to or more than 500 pounds or the threshold planning quantity, whichever is less
• Compressed gasses equal to or more than 1,000 cubic feet at standard temperature and pressure
• The Municipal of Anchorage LEPC has additional reporting requirements beyond those required by the state:
• ANY quantity of the following materials: A. Explosives Class I, Division 1.1 B. Explosives Class I, Division 1.2 and 1.3 {excludes black powder, smokeless gunpowder and ammunition} C. Poison Gas Class 2, Division 2.3 D. Poison Class 6, Division 6.1 E. Flammable Solid Class 4, Division 4.1, 4.2 and 4.3 F. Radioactive Class 7
• A Hazardous Chemical or material requiring an MSDS or SDS, if handled in a single day, in quantities of 4,500 pounds or more.
• An Extremely Hazardous Substance in quantities of 500 pounds or more, or the Threshold Planning Quantity, whichever is smaller.
• A Hazardous Waste in quantities of 220 pounds or more.
• An Acute Hazardous Waste in quantities of 2.2 pounds or more.
• Compressed Gas with a hazard class rating of 1 or 2 in any category under the NFPA 704 Standard Placard system for the identification of the fire hazards materials in quantities of 1,000 cubic feet or more.
• Compressed Gas with a hazard class rating of 3 or 4 in any category under the NFPA 704 Standard Placard system for the identification of the fire hazards of materials in quantities of 200 cubic feet or more.
• A Consumer Commodity of a hazardous chemical or material in quantities of 1,000 pounds or more when present at a facility longer than 14 days prior to placement for display or sale.
• Reporting quantities for “retail gasoline stations” only: Gasoline stored in compliant USTs – 75,000 gallons; Diesel stored in compliant USTs – 100,000 gallons.

Key Points

• Alaska has different reporting requirements than the federal EPCRA requirements.
• The Municipal of Anchorage LEPC has even more stringent reporting requirements.
• The state of Alaska requires reporting of the actual quantities, in pounds, of substances to be reported in addition to the range codes described in the EPA Instructions Table 2.
• For more information on reporting requirements in Alaska 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 Tier II reports in Alaska:

• Oil refineries – Would report crude oil as well as refined products like gasoline, diesel, jet fuel, propane, butane, etc.
• Fuel terminals – Bulk petroleum storage facilities would report chemicals like gasoline, aviation fuels, diesel, propane, and ethanol.
• Chemical plants – Manufacturing facilities would report chemicals like ammonia, chlorine, acids, solvents, and feedstocks.
• Seafood processors – Would report ammonia used in refrigeration systems as well as cleaning chemicals.
• Water treatment plants – Would report liquid chlorine, fluoridation chemicals, and sulfur dioxide used in treatment processes.
• Power plants – Would report ammonia used for NOx control, diesel for backup generators, and coal/oil inventory.
• Mining sites – Would report chemicals used in mineral processing like cyanide, acids, solvents, and explosives.
• Military bases – Would report fuels, munitions, explosives, acids, paints, cleaners, pesticides, etc.
• University labs – Would report research chemicals like solvents, acids, toxic compounds, radioactive materials, etc.
• Waste facilities – Would report chemicals and quantities found in collected hazardous waste.

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

Alaska’s Electronic Tier II Reporting System (E-Plan)

Overview of E-Plan

The Alaska SERC requires the use of E-Plan and is the only accepted form of Tier II reporting in Alaska. E-Plan provides a central database for Tier II information from over 200,000 facilities across the US. It contains data on chemical storage and hazards at each facility. First responders and government agencies can also register on E-Plan to access the Tier II data for facilities in their jurisdiction. This helps with emergency planning and preparedness.

How to Submit a Tier II Report in Alaska

Here are the typical steps for submitting a Tier II report in Alaska using the state’s E-Plan reporting system:

• Gather data – Compile a list of hazardous chemicals stored onsite over threshold quantities. Have information on chemical names, quantities, locations, classifications, etc. ready.
• Create an E-Plan account – Go to the Alaska Division of Homeland Security & Emergency Management’s website and follow the links to create an E-Plan account for your facility.
• Start new Tier II filing – Log into E-Plan, click “EPCRA Tier II” and select “File New Tier II Report” to start a new report.
• Enter facility info – Verify and enter your facility’s name, address, owner, NAICS code, etc. Click “Save and Continue”.
• Enter chemical inventory – Under the “Tier II Inventory” tab, enter details on each hazardous chemical. Click “Add Chemical” and fill in all required fields.
• Attach SDS – For new chemicals, download Safety Data Sheets from “SDS Upload” section.
• Enter contacts – Under the “Emergency Contacts” section, provide 24/7 emergency contact details.
• Submit report – Review all entered information. Then click “Submit Tier II Filing” to complete the submission to ADEHSEM.
• Save confirmation – Download or print a copy of the confirmation for your records. The report must be resubmitted annually.

Key Points

• E-Plan is the only accepted form for Tier II reporting in Alaska
• E-Plan will be accessible to the SERC, LEPC, and fire department within your jurisdiction immediately when you successfully hit ‘submit’. 
• Annual reporting fees and late fees can be found here. 

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Alaska, 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 addition to the annual Tier II chemical inventory reporting requirement in Alaska, there are some supplemental reporting situations that facilities must comply with:

Changes must be reported within 30 days of their occurrence. You may update your Tier II information in E-Plan at any time. Any changes will become part of your current Tier II report. You will still have to return to E-Plan between January 1-March 1 of each year to submit your Tier II report for the previous calendar year.

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 and if you want to get a head start, you may begin uploading your data at any time in E-Plan.

Understand State-Specific Reporting Requirements

Alaska has its own reporting requirements that must be followed in order to comply with EPCRA. Also, the Municipal of Anchorage LEPC has additional reporting requirements beyond those required by the state. You must submit your Tier II report using E-Plan and upon submitting the SERC, LEPC, and fire department within your jurisdiction will have access to your Tier II report. You are not required to send additional copies of your report.

Keep Copies of All Submitted Reports

Download or print a copy of the confirmation of your Tier II report 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 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

Because of Alaska’s threshold nuances, it is important to double-check if chemicals stored at your facility are an extremely hazardous substance or in hazard classes. 

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 Alaska’s Department of Environmental Conservation and LEPCs closely for any updates and changes.

Penalties for Non-Compliance with Tier II Reporting in Alaska

Potential Fines and Legal Consequences

Failure to comply with Tier II reporting requirements in Alaska can result in the following potential fines and legal consequences:

• Facilities may be prohibited from storing or handling hazardous chemicals until they comply with reporting requirements.
• Non-complying facilities can face lawsuits from state/local agencies or citizens to enforce compliance and recover enforcement costs.
• The EPA can pursue federal civil administrative actions against violators with penalties of up to $37,500 per day per violation.
• Criminal prosecution is possible at the federal level for willful violations, with fines up to $50,000 per day and up to 2 years imprisonment per violation.
• Inaccurate reporting can undermine emergency planning and endanger first responders if chemicals are improperly identified. This could result in negligence lawsuits if responders or community members are harmed.

Key Points

Alaska takes Tier II non-compliance very seriously, with steep civil and criminal penalties available under state and federal laws for failure to properly report hazardous chemical inventories.

Impact on Community Safety and Emergency Preparedness

Here are some examples illustrating the importance of Tier II chemical inventory reporting for emergency preparedness in Alaska:

• In Valdez in 2013, a shipping facility caught fire. The company had failed to file Tier II reports on chemicals stored onsite, hampering first responder actions.
• In Anchorage in 2020, a storage tank collapse at an oil terminal spilled fuels and solvents. The facility’s outdated Tier II reports lacked recently added chemicals, confusing cleanup efforts.
• In Kenai in 2015, a chemical plant fire forced neighborhood evacuations. Missing Tier II reports from the plant limited information for first responders and public health officials.