Georgia Tier II Reporting

In Georgia, 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 Georgia’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)

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

Below are some examples of facilities in Georgia and the chemicals used that would most likely need to submit a Tier Ⅱ form:

• Advanced manufacturing facilities – They may use and store hazardous chemicals like solvents, acids, paints, metals, etc.
• Automotive manufacturing – Chemicals like solvents, paints, oils, lubricants, adhesives
• Aerospace manufacturing – Solvents, acids, paints, sealants, composite materials
• Food processing plants – Ammonia for refrigeration, cleaning chemicals
• Life sciences facilities – Various laboratory chemicals, solvents, acids, waste chemicals
• Battery manufacturing plants – Lithium, solvents, acids, heavy metals

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 and exemptions or submitting reports for sites or facilities in Georgia? Learn more here about how you can partner with Encamp to save you and your team time and hassle this reporting year.

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

Overview of E-Plan

E-Plan is an online system for submitting Tier II reports electronically. Facilities can register on the E-Plan website and upload their Tier II reports each year. 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. In Georgia, 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 Georgia

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

• Go to Tier II E-Plan Online and either create a new account or sign in with your existing credentials.
• Add facilities under the Facilities module by entering the facility name, address, coordinates, submitter info, etc. 
• Add contacts under the Contacts module by entering names, addresses, emails, and phone numbers for owners, emergency contacts, etc.
• Add chemical inventory under the Chemicals module by entering chemical properties, storage info, mixtures, etc. 
• E-Plan will generate an invoice –  administrative charge per facility 
• Review and submit your Tier II reports. 
• In Georgia, the SERC will distribute the report to the LEPC and fire department.

Key Points

• Georgia requires Tier II reports to be submitted electronically through the E-Plan system. Paper reporting is not accepted. Facilities must register and file online.
• There is a $25 filing fee per facility that is paid directly in E-Plan

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

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

• 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

Georgia requires Tier II reports to be submitted electronically through the E-Plan system. Paper reporting is not accepted. Facilities must register and file online. In Georgia, the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and local fire departments have access to facility information in E-Plan, although they could have different reporting requirements for accepting Tier II reports.

Keep Copies of All Submitted Reports

A PDF file provides an easy way to save an electronic copy of your Tier II report from E-Plan and should be used to keep accurate 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 forms and containers prior to evaluating them 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 before 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 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, including excluding 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 Georgia

Potential Fines and Legal Consequences

Here are some potential fines and legal consequences for failing to accurately submit a Tier II hazardous chemical inventory report in Georgia:

• Civil Penalties: Georgia civil penalties are up to $37,500 per violation per day, mirroring the federal limit.
• Criminal Penalties: Criminal penalties for EPCRA violations in Georgia can result in fines of up to $50,000 and/or 2 years imprisonment.
• Permit actions – The state can sue facilities to enjoin or terminate operations until accurate Tier II reporting is completed. This could result in a partial or complete shutdown.
• Increased inspections – Lack of proper reporting may prompt more frequent inspections from agencies like the fire department, OSHA, and EPA. This can result in additional fines if violations are found.
• Disqualification from state contracts – The state can prohibit a non-reporting facility from entering into contracts with Georgia.
• Lawsuits/damage claims – Inaccurate reporting could weaken a company’s legal defense in the event of a chemical release suit or damage claim since the proper inventory was not supplied.
• Company liability – Officers of a company may be held personally liable for failure to report hazard information as required by law.

Impact on Community Safety and Emergency Preparedness

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

• Unreported Ethylene Oxide Use in Atlanta: A medical equipment sterilization facility uses significant amounts of ethylene oxide, a toxic and flammable gas, but fails to include it in their Tier II report. Local emergency responders, unaware of the hazard, are put at risk when responding to an on-site incident. Nearby residents lack crucial safety information about potential exposure.
• Biomass Plant Explosion in Savannah: An explosion occurs at a biomass gasification facility that did not disclose its chemical stocks to local planners and responders through Tier II reporting. Firefighters, responding without proper protective gear due to the lack of information, are exposed to harmful substances.
• Chemical Release at a Textile Company in Columbus: A chemical reaction leads to a hazardous release at a textile manufacturing plant that has not submitted an updated Tier II report. Emergency responders are initially unaware of the chemicals involved, delaying evacuation alerts and risking public health.