Hawaii Tier II Reporting

Tier Ⅱ reporting in Hawaii 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 Hawaii’s Tier II Reporting Requirements

Who Needs to Report?

Any facility in Hawaii 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.
• Any facility that stores 500 lbs or more (or the threshold planning quantity, whichever is less) 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)

Key Points

• The reporting thresholds in Hawaii 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 Hawaii 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.
• The minimum threshold for reporting in response to requests for submission of a material safety data sheet or a tier II form from the SERC, LEPC, or Fire Department having jurisdiction over the facility shall be zero.
• More information about reporting requirements in Hawaii can be found here.

Types of Facilities Subject to Tier II Reporting

Here are some common examples of facilities and chemicals in Hawaii that would likely need to submit a Tier II report:

• Hotels and resorts – Cleaning chemicals, fuel for backup generators, chlorine compounds for pools/hot tubs
• Military installations – Fuel, explosives, corrosive or toxic chemicals, paints, and solvents
• Farms – Pesticides, herbicides, diesel fuel for equipment
• Food manufacturing – Ammonia refrigeration systems, cleaning chemicals
• Oil refineries – Crude oil, gasoline, diesel fuel, corrosive chemicals
• Chemical plants – Acids, petroleum products, volatile organic compounds
• Waste management – Household hazardous waste like paint, batteries, pesticides
• Hospitals – Disinfectants, radioactive materials, pharmaceutical waste
• Power plants – Diesel fuel, ammonia, hydrochloric acid, ash
• Auto repair shops – Motor oil, brake fluid, antifreeze, paints, solvents
• Dry cleaners – Perchloroethylene, spotting chemicals

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

Hawaii’s Electronic Tier II Reporting System (Tier2Submit Software)

Overview of Tier2Submit Software

Tier2Submit is software developed by the federal government, and used by the Hawaii State Emergency Response Commission (HSERC). Facilities required to submit Tier II reports must use the Tier2Submit software to file reports electronically and then submit it via the Hawaii Department of Health (HI DOH) Tier II Online Filing System. The software streamlines reporting by pre-populating chemical data, saving facility information year-to-year, and providing data validation.

How to Submit a Tier II Report in Hawaii

Here is an overview of the steps to submit a Tier II report in Tier2Submit Software:

• Compile an inventory of hazardous chemicals stored on-site above reporting thresholds.
• Download the Tier2Submit software from the EPA website.
• Enter the chemical inventory data into the Tier2Submit software.
• Validate and certify the Tier II report in Tier2Submit.
• Register for an account on the HI DOH e-Permitting system 
• Upload the certified Tier2Submit file in .t2s format to the e-Permitting system.
• Pay the $200 filing fee per facility via the e-permitting system.
• Print and retain confirmation of successful submission.
• By March 1, verify receipt of the report by the Hawaii DOH HEER Office.

Key Points

• The Tier II report must be submitted annually to the HEER office, your LEPC, and the fire department having jurisdiction over the facility 
• There is a $200 filing fee per facility payable to the Hawai’i HEER Office

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Hawaii, 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 

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

Although you can submit your report electronically in e-Permitting for Hawaii, the LEPC and Fire Department do not have access to your report through that system. Therefore, you must file those reports separately. The Hazard Evaluation and Emergency Response (HEER) Office maintains a list of LEPCs with their contact information and how they like to receive the reports (by mail, by email). They also provide contact information for fire departments in each county. It is important to understand these state-specific requirements for submitting Tier II reports to the appropriate agencies in Hawaii outside of e-Permitting.

Keep Copies of All Submitted Reports

To save a copy of your Tier II report in Tier2Submit in Hawaii after certifying your report, select “Save As” and choose a file name with your facility ID and report year. Save the file as a .T2S file type to your computer or external drive. Retain this electronic copy for at least 3 years along with your submission confirmation and receipt from the e-Permitting portal.

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. And 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

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. 

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 and the Hazard Evaluation and Emergency Response (HEER) closely to avoid violations and protect your business finances.

Penalties for Non-Compliance with Tier II Reporting in Hawaii

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 Hawaii:

• Civil penalties up to $25,000 per day.
• Criminal fines of up to $25,000 and 1 year imprisonment for knowingly failing to report.
• Misdemeanor charges for obstructing reporting duties.

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 in Hawaii:

• Honolulu Molasses Spill (Honolulu, HI) – September 20, 2013: Over 233,000 gallons of molasses spilled into Honolulu Harbor from a burst pipe, causing extensive environmental damage. Proper reporting of the molasses volume could have better-prepared responders to contain the spill.
• Hawaii Petroleum Refinery Fire (Kapolei, HI) – April 29, 2021: A major fire broke out at a petroleum refinery storing fuel and solvents, sending thick black smoke over neighborhoods. Advanced reporting of on-site hazardous materials could have aided firefighters in response.