Florida Tier II Reporting

In Florida, 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 Florida’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 of gasoline
  • At least 100,000 gallons of diesel fuel (all grades combined)
• 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.

Types of Facilities Subject to Tier II Reporting

Here are some common examples of facilities in Florida that would likely need to submit a Tier II chemical inventory report based on the hazardous materials they handle:

• Chemical manufacturers and distributors – e.g. acids, solvents, alcohols, chlorine, ammonia.
• Oil refineries – e.g. crude oil, diesel fuels, lubricants, kerosene.
• Water and wastewater treatment plants – e.g. chlorine, fluoride, acid/caustic solutions.
• Cold storage and refrigeration plants – e.g. anhydrous ammonia.
• Semiconductor manufacturing plants – e.g. acids, bases, solvents, oxidizers.
• Plastic product manufacturers – e.g. polymer resins, solvents.
• Pulp and paper mills – e.g. chlorine dioxide, sodium hydroxide.
• Automotive plants – e.g. acids, paints, oils.
• Food processors – e.g. ammonia, chlorine sanitizers.
• Hospitals – e.g. lab chemicals, disinfectants, medical gasses.
• Power generation plants – e.g. ammonia, acids, lubricants.
• Gas stations – e.g. gasoline, diesel.
• Appliance/electronics repair shops – e.g. refrigerants, degreasers, acids.

Key Points

Facilities in these industries often store chemicals exceeding Tier II thresholds, such as acids, flammable liquids, fuels, chlorine, and ammonia.

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

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

Overview of E-Plan

Florida now utilizes the E-Plan Online Database for all report filing and fee collection. E-Plan allows secure web-based submission of chemical inventory information required under EPCRA. In Florida, a submission into E-Plan is the only requirement for facilities, and no additional notifications are required to the LEPC and Fire Department.

How to Submit a Tier II Report in Florida 

Here are the key steps for using E-Plan’s Online Tier II Reporting System:

1. Go to https://tier2.erplan.net and either create a new account or sign in with your existing credentials.
2. Add facilities under the Facilities module by entering the facility name, address, coordinates, submitter info, etc. 
3. Add contacts under the Contacts module by entering names, addresses, emails, phone numbers for owners, emergency contacts, etc.
4. Add chemical inventory under the Chemicals module by entering chemical properties, storage info, mixtures, etc. 
5. E-Plan will generate an invoice based on the facility location – most facilities will pay $10 per statewide employee. Florida has a $25 minimum fee for any facility. 
6. Review and submit your Tier II reports. 
7. In Florida, the SERC will distribute the report to the LEPC and fire department. 
8. For more information use this link to access the Tier II reporting requirements in Florida

Key Points

• Facilities that do not qualify for a fee reduction (such as gas transmission and distribution facilities), pay $10 per statewide employee, but not more than $2,000 per year.
• Facilities that qualify for a fee reduction pay $2.50 per employee, but not more than $500 per year.

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

n Florida, 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

In Florida, 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. 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 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 Florida the SERC submits to the LEPCs and Fire Departments, so no additional submissions are necessary.

 Keep Copies of All Submitted Reports

Once your facility has passed the validation checks, you can export data as a pdf file only:

1. Log into E-Plan using 7-digit Access ID and password. 
2. Select year a year (e.g., 2023) to retrieve your data.
3. Click Validate Record.
4. Click the “PDF File” button to open the “Select Facilities for PDF ” screen. 
5. Select the check box and click Create PDF to generate a copy of the report.

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 check 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 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.
• Keep up to date with your LEPCs and their requirements to ensure first responders have the information they need and you’re fully compliant

Penalties for Non-Compliance with Tier II Reporting in Florida

Potential Fines and Legal Consequences

Failing to comply with Tier II chemical inventory reporting requirements in Florida can result in significant fines and legal consequences:

• Civil Penalties: Florida civil penalties are up to $25,000 per violation per day, mirroring the federal limit.
• Criminal Penalties: Criminal penalties for EPCRA violations in Florida can result in fines of up to $50,000 and/or 5 years imprisonment.
• Injunctions – The state can obtain a court injunction to compel immediate compliance and enforce Tier II reporting if a facility refuses to submit required forms.
• Permit Actions – The Florida DEP can refuse to issue environmental permits or revoke existing permits for facilities not in compliance with Tier II regulations.
• Access Restrictions – Local fire chiefs can prohibit entry into a facility until delinquent Tier II reports are submitted if there is a potential danger to responders.
• Increased Inspections – Failure to comply often leads to frequent inspections from the fire marshal to verify chemical inventories.

Impact on Community Safety and Emergency Preparedness

Here are some potential examples illustrating the importance of proper Tier II reporting for community safety in Florida:

• ∂ A metal plating facility experiences a sulfuric acid leak but has failed to file a Tier II report on the quantities present. First responders, unaware of the scale of the hazard, face increased risks due to the lack of critical information.
• Ammonia Hazard during a Hurricane: During a major hurricane, a warehouse storing large amounts of ammonia has not submitted a Tier II report. When power is lost, authorities are unaware of the ammonia system on-site, delaying essential safety measures and increasing the danger to the community.
• Chemical Facility Fire in Jacksonville: A fire breaks out at a chemical blending facility with outdated Tier II records. Firefighters lack awareness of all the chemicals currently on-site, hampering containment efforts and putting responders and nearby residents at risk.
• Chlorine Gas Leak near Miami: A chlorine gas leak occurs at a water treatment plant missing from Tier II filings due to a recent change in ownership. Emergency crews do not have full information to respond appropriately, leading to potential health hazards for the surrounding community.