Connecticut Tier II Reporting
Tier Ⅱ reporting in Connecticut 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 Connecticut’s Tier II Reporting Requirements
Who Needs to Report?
Any facility in Connecticut 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)
- The reporting thresholds in Connecticut apply to the maximum 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 Connecticut 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 on Tier II reporting in Connecticut 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 Connecticut:
- Manufacturing facilities: These facilities often store and use hazardous chemicals like acids, solvents, fuels, etc. Examples could include an auto manufacturer using paints/solvents or a chemical plant using various feedstock chemicals.
- Wastewater treatment plants: These facilities use chlorine gas for disinfection, which is a hazardous chemical that requires reporting.
- Hospitals: Hospitals store various hazardous chemicals like disinfectants and radioactive materials that require reporting.
- Farms: Farms store large amounts of fertilizers and pesticides that contain hazardous chemicals like ammonia and need reporting.
- Gas stations: Gas stations store gasoline and diesel fuels in underground storage tanks that require reporting.
- Universities: College labs contain a wide range of hazardous chemicals for research that meet reporting thresholds.
Facilities in these industries would likely need to report common chemicals stored over Tier II thresholds like acids, flammable liquids, fuels, chlorine, and ammonia.
Connecticut’s Electronic Tier II Reporting System (Tier II Manager™)
Overview of Tier II Manager™
Connecticut uses Tier II Manager for reporting. Tier II Manager is an online hazmat reporting and emergency planning system used by the state of Connecticut to collect and process annual Tier II reports from facilities.
How to Submit a Tier II Report in Connecticut
Here are the key steps to submit a Tier II report in Connecticut’s HazConnect Tier II Manager 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
- Register for an account on the HazConnect website if you don’t already have one.
- 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 the Connecticut DEP.
- Print final copy – Download or print a final copy of the certified Tier II report to send to your local LEPC and fire department for your records. The Connecticut SERC does not distribute copies of Tier II reports submitted to Tier II Manager.
- You must submit a Tier II report directly to your SERC, LEPC, and local fire department.
- A list of LEPCs in Connecticut can be found here
- Reports must be submitted to Hazconnect Tier II manager to Connecticut DEP and a hard copy must be mailed to your local LEPC and fire department.
Deadlines and Timelines for Tier II Reporting
Annual Reporting Deadline
In Connecticut, facilities must submit their Tier II reports on hazardous chemicals present during the previous calendar year by March 1 annually.
Additional Reporting Requirements
In Connecticut, 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 Connecticut, you must directly submit your Tier II report to your SERC, LEPC, and local fire department.
Keep Copies of All Submitted Reports
After submitting your report, either print or save your Tier II report from the Tier II Manager system.
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).
Be sure to consult 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.
- 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 typically leads to the highest fines.
- Even small errors associated with one chemical can incur sizable penalties.
Penalties for Non-Compliance with Tier II Reporting in Connecticut
Potential Fines and Legal Consequences
Here are some potential legal and financial consequences for not accurately submitting Tier II reports in Connecticut:
- Failure to Report: Facilities can be fined $1,000 per chemical for completely failing to submit a required Tier II report.
- Late Reporting: A penalty of $25 per day (up to $2,500) may be assessed for not filing reports by the March 1 deadline.
- Incomplete or False Reporting: Submitting intentionally false or misleading information can result in fines of up to $25,000 per violation per day.
- Administrative Orders: CT DEEP can issue orders requiring corrective actions and assess monetary civil penalties.
- Injunctions: The state can obtain court injunctions to compel facilities to comply with reporting requirements.
- Permit Actions: Violations can lead to terminating a facility’s environmental permits or denying permit renewals.
- Criminal Liability: Knowingly endangering someone by violating chemical inventory reporting laws can bring criminal fines and imprisonment.
Impact on Community Safety and Emergency Preparedness
Here are some examples illustrating the impact on community safety and emergency preparedness when facilities in Connecticut fail to file required Tier II reports:
- In 2018, a chemical plant explosion in Danbury injured several people, including first responders. An investigation found the facility failed to disclose over 5,000 pounds of hazardous materials in its Tier II report. Firefighters lacked key hazard information.
- During a 2021 warehouse fire in Hartford, first responders were unaware of the presence of lithium-ion batteries which exploded. The facility had not disclosed the batteries in their Tier II despite exceeding reporting thresholds.
- A 2020 ammonia leak at an ice rink in New Haven resulted in mass evacuations. The facility was fined $10,000 for not reporting the presence of large amounts of ammonia in their ice system to authorities via Tier II.