Arizona Tier II Reporting

In Arizona, 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 Arizona’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)

The Town of Gilbert Arizona has special thresholds for Tier II reporting. Facilities located in Gilbert must report all chemicals that exceed the following thresholds:

• 500 pounds (solid)
• 55 gallons (liquid)
• 200 cubic feet (gas)
• 2,500 pounds (aerosol) 

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.
• The Town of Gilbert Arizona has different reporting thresholds than the federal thresholds.

Types of Facilities Subject to Tier II Reporting

Here are some examples of facilities and chemicals that would likely need to submit a Tier II report in Arizona if they meet the reporting thresholds:

• Manufacturing plants: Acids like sulfuric acid, and hydrochloric acid; bases like sodium hydroxide; solvents like xylene, and toluene; ammonia for refrigeration.
• Wastewater treatment plants: Chlorine, sodium hypochlorite, calcium hypochlorite, sulfur dioxide, ammonia.
• Hospitals: Oxygen, nitrous oxide, ethylene oxide, glutaraldehyde, formaldehyde.
• Universities and research labs: Acids, bases, organic solvents, compressed gasses like hydrogen, helium, and methane.
• Food processing plants: Ammonia refrigeration systems; acids like phosphoric acid; bases like sodium hydroxide.
• Farms: Anhydrous ammonia fertilizer; pesticides.
• Gas stations: Gasoline, diesel, kerosene.
• Pool supply: Chlorine, muriatic acid.
• Hardware/home stores: Paints, thinners, solvents; fertilizers with ammonia; pesticides; chlorine bleach.

Key Points

In general, any facility that uses significant quantities of hazardous chemicals for industrial processes, maintenance, or retail would likely need to report those chemicals.

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

Arizona’s Electronic Tier II Reporting System (AZSERC)

Overview of AZSERC

Arizona’s Tier II Chemical Inventory Reporting System is the online reporting system used for submitting Tier II chemical inventory reports in Arizona. The system was developed by the Arizona State Emergency Response Commission (AZSERC) to facilitate the electronic filing of the Community Right to Know Survey. The reporting system allows users to enter facility identification data, chemical inventories, storage locations, and other details required for Tier II reporting, as well as pay any applicable fees. 

Beginning in Reporting Year 2023, Arizona moved its Tier II data collection system into the myDEQ system, which is the Arizona Department of Environmental Quality (ADEQ)’s existing online compliance portal, for air, water, waste, and more. The myDEQ system allows users to enter facility identification data, chemical inventories, storage locations, and other details required for Tier II reporting, as well as pay any applicable fees.

How to Submit a Tier II Report in Arizona’s Tier II Chemical Inventory Reporting System

Here’s an overview for submitting a Tier II hazardous chemical inventory report in Arizona’s new myDEQ system:

• Register Facility and Create a myDEQ Account:
  • Create an account on myDEQ if you haven’t already. Log in and navigate to the mySTUFF dashboard. Existing facilities from previous years will display here. If your facility is missing, request to add it by selecting GET NEW under myAPPLICATIONS.
• Start a Tier II Report:
  • On the dashboard, use the SELECT AN ACTION dropdown beside your facility to choose Manage/Submit TIER II Report(s). If starting a new report, select SUBMIT NEW AZSERC TIER II REPORT, then select the facility and reporting year. Save to proceed.
• Review Facility, Chemical, and Contact Information:
  • Complete eight sections of required information, with sections 1-4 pre-populated. Use the Pencil Icon to edit and update each section as needed, including facility details, chemical specifics, emergency contacts, and regulatory points of contact.
• Upload Safety Data Sheets and Facility Plans:
  • Upload any required documents, including Safety Data Sheets, Site Maps, and Facility Emergency Response Plans. These uploads occur within the relevant sections as prompted.
• Fee Exemption and Payment:
  • Answer exemption questions. If fees apply, select CONTINUE TO PAYMENT. You can pay for multiple facilities simultaneously by selecting them on the initial reporting screen. Once at the State of Arizona Payment Portal, complete the payment and return to myDEQ to confirm.
• Certification and Submission:
  • If you’re a Data Entry/Submitter, submit the report to the Responsible Corporate Officer (RCO) or Delegated Responsible Officer (DRO) for certification. The RCO/DRO certifies by selecting CERTIFY in myCOMPLIANCE, answering a security question, and confirming. You can MASS CERTIFY multiple facilities if needed.
• Complete and Download Report:
  • After payment and certification, download the report copy from the myDOCUMENTS tab. If required, generate a PDF export for your LEPC or Fire Department. Some may accept electronic submissions through myDEQ; refer to the AZSERC Electronic Agreement List to confirm.

Key Points

• Each owner of a facility required to file a Tier II report is subject to a $75 filing fee for the first report and an additional $20 fee for each additional report, up to a limit of $500 per annual reporting period.
• Fees should be submitted directly in myDEQ.
• Check to see if your LEPCs and fire department accept electronic reports by checking here
• More information on how to submit a Tier II report in Arizona can be found here

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Arizona, 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 

There are some additional reporting requirements and situations that require an updated Tier II report to be filed in Arizona, 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. 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. 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 ensure 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

Arizona facilities that are subject to emergency planning requirements are required to submit a facility emergency response plan along with their Tier II report. In Arizona, there are specific reporting thresholds in the town of Gilbert that need to be considered if you are reporting a facility in this town. Check to see if your LEPCs and local fire department accept electronic reports by checking here

Keep Copies of All Submitted Reports

Facilities should print and retain a copy of the Tier II report onsite. 

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 consult 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 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 Arizona

Potential Fines and Legal Consequences

Here are some potential legal and financial consequences for not accurately submitting a Tier II hazardous chemical inventory report in Arizona:

• Civil Penalties: Failure to comply with Tier II reporting requirements can result in Arizona state civil penalties of up to $25,000 per violation per day.
• Criminal Penalties: Knowingly submitting false information or willfully failing to submit a report can lead to federal criminal fines of up to $50,000 per violation per day and imprisonment for up to 2 years.
• Lawsuits: Facilities can be sued by the state or local agencies for failure to report. Citizens or environmental groups can also file lawsuits for failure to provide chemical information as required under community right-to-know laws.
• Emergency Planning Hindered: Inaccurate reporting prevents state and local agencies from effectively planning for and responding to chemical emergencies at the facility. This puts first responders and the community at greater risk.
• Permit Actions: Failure to comply could impact facility permits or lead to stricter regulatory permit conditions.
• Reputation Damage: The public, local community, and environmental groups may react very negatively if a facility is found to violate Tier II reporting requirements, undermining trust.
• Enforcement Actions: Failure to properly report may trigger EPA investigations, audits, or inspections to identify other potential violations and lead to formal enforcement actions.

Impact on Community Safety and Emergency Preparedness

Here are some general examples of the potential community impacts of not accurately submitting a Tier II report:

• Emergency responders arrive at a facility fire or chemical release without knowing the types and quantities of hazardous materials onsite, putting themselves and the public in danger.
• Firefighters unknowingly use inappropriate extinguishing agents on a chemical fire, causing the release of toxic gasses.
• A chemical explosion and cloud release occur, but without Tier II data the responders cannot accurately model the plume direction and impacted areas.
• Evacuation zones are improperly determined, leaving some residents unnecessarily exposed or evacuating too large an area.
• First responders lack key information on chemical incompatibilities, exacerbating cascading failures.
• Responders are delayed accessing facility data while an uncontrolled chemical release is ongoing.
• Restoration and environmental clean-up are hampered without a full understanding of the chemicals released.

Key Points

Fortunately, major incidents in Arizona that could have been prevented by more thorough Tier II reporting appear to be limited, though other states have not been as lucky. Robust Tier II reporting remains essential for effective emergency planning and response.