Nevada Tier II Reporting
Tier Ⅱ reporting in Nevada 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. Nevada has state-specific reporting requirements for flammable materials to water-reactive materials.
Understanding Nevada’s Tier II Reporting Requirements
Who Needs to Report?
Any facility in Nevada that has hazardous substances equal to or greater than the established threshold amounts (listed below) must report. The reporting thresholds in Nevada are determined using the International Fire Code List (IFC). The different material types range from flammable materials to water-reactive materials and have thresholds ranging from 0 to 500 pounds. Also, no exemptions can be applied to a material that falls into one of the IFC categories. However, if a chemical does not apply to one of the IFC categories, then it follows Federal Tier II thresholds and federal exemptions apply.
- Flammable gases (except cryogenic fluids and Liquified Petroleum Gases) – 200 cubic feet,
- Combustible Liquids- 25 gallons (inside a building) / 60 gallons (Outside),
- Flammable Liquids- 5 gallons (Inside) / 10gallons (Outside),
- Flammable Solids -100 pounds,
- Corrosive Gases – 200 cubic feet,
- Corrosive Liquids – 55 gallons,
- Corrosive Solids – 100 pounds,
- Toxic Gases – Any,
- Toxic Liquids- 10 gallons,
- Toxic Solids – 100 pounds,
- Highly Toxic Gases / Liquids / Solids- Any,
- Pyrophoric Materials Gases / Liquids / Solids- Any,
- Oxidizing Gases (Including Oxygen) – 504 cubic feet,
- Oxidizing Liquids – Class 4 – Any / Class 3 – 1 gallon / Class 2 – 10 gallon/ Class 1 – 55 gallon,
- Oxidizing Solids – Class 4 – Any / Class 3 – 10 pounds / Class 2 – 100 pounds / Class 1 – 500 pounds,
- Organic Peroxide Liquids- Class I or II – Any / Class III – 1 gallon / Class IV – 2 gallon / Class V – No Permit Required,
- Organic Peroxide Solids – Class I or II – Any / Class III -10 pounds / Class IV – 20 pounds / Class V – No permit required, Unstable (Reactive)
- Liquids – Class 4 or 3 – Any / Class 2 – 5 gallons/Class 1 – 10 gallons, Unstable
- (Reactive) Solids – Class 4 or 3 – Any / Class 2 – 50 pounds / Class 1-100 pounds,
- Water-reactive Liquids – Class 3 – Any / Class 2 – 5 gallons / Class 1 – 55 gallon,
- Water-reactive Solids – Class 3 – Any / Class 2 – 50 pounds / Class 1 – 500 pounds
- Nevada has specific reporting requirements that are different then the federal requirements
- You must use the International Fire Code List (IFC) to check for a list of chemicals
- If a chemical does not apply to the list above then federal reporting requirements must be used for that chemical.
Types of Facilities Subject to Tier II Reporting
Here are some examples of facilities and chemicals that would require Tier II reporting in Nevada:
- Mining sites – Use and store large quantities of explosives, diesel fuel, lubricants, and solvents.
- Semiconductor manufacturers – Use hazardous chemicals like arsine, phosphine, boron trifluoride, and hydrogen fluoride.
- Wastewater treatment plants – Use chlorine, sodium hypochlorite, and other disinfecting chemicals.
- Gas stations – Store gasoline, diesel, and propane tanks over threshold quantities.
- Battery manufacturing facilities – Use heavy metals like lithium, cobalt, and lead compounds.
- Solar panel production facilities – Use silane and phosphine gases as well as caustic soda solutions.
- Paint/Coating manufacturers – Store flammable materials like solvents, thinners, and resins.
- Metal plating facilities – Use strong acids and cyanides for electroplating processes.
- Farms – May have large ammonium nitrate fertilizer or pesticide supplies.
- Nevada’s Electronic Tier II Reporting System (Hazmat)
Overview of Hazmat
Tier II Manager is a Hazmat Online Reporting System and is managed by the Nevada Division of Emergency Management to allow electronic reporting. The online portal allows saving progress on draft submissions before finalizing reports. Built-in tools help streamline reporting, including hazard classification assistants and copying previous submissions. Once submitted through the online system, reports are reviewed by the State Emergency Response Commission.
How to Submit a Tier II Report in Nevada
Here are the key steps to submit a Tier II hazardous chemical inventory report using Nevada’s Hazmat online reporting 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. Nevada has specific requirements for thresholds you will need to follow.
- Create an account and log in or click “Register” to create an account for your facility
- 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 state and local officials
- Pay fees – Nevada requires a fee payment along with the Tier II report submission. Follow the prompts to pay any required fees. The amount will be calculated automatically.
- Print final copy – Download or print a final copy of the certified Tier II report for your records
- The report will be reviewed by the Nevada SERC. Facilities can log back in to view the submission status and history.
Tier II reports must also be submitted by the company/facility to the LEPC and the local fire department. Check with your local jurisdiction.
Deadlines and Timelines for Tier II Reporting
Annual Reporting Deadline
In Nevada, 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
In addition to the annual Tier II chemical inventory reporting requirement in Nevada, 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.
- 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
Nevada has specific reporting requirements that are different from the federal requirements. However, if a chemical does not apply to the International Fire Code List (IFC) then federal reporting requirements must be used for that chemical. Tier II reports must also be submitted to the LEPCs and local fire departments.
Keep Copies of All Submitted Reports
Print a copy of the Tier II report for your facility’s records.
Common Mistakes in Tier II Reporting and How to Avoid Them
Incorrectly Estimating Quantity of Reportable Substances
Because of Nevada-specific reporting requirements, it is important to check the Nevada International Fire Code List for chemical threshold requirements.
Be sure to check the Nevada International Fire Code List (IFC) and the EPA list of lists if needed 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.
- Follow EPCRA closely to avoid violations and protect your business finances.
Penalties for Non-Compliance with Tier II Reporting in Nevada
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 Nevada:
- Civil penalties – Nevada can assess fines up to $5,000 per day for each violation of Tier II reporting requirements. This includes failure to report, late reporting, incomplete information, and inaccurate information.
- Permit limitations – The Nevada Division of Environmental Protection may revoke facility environmental permits or deny permit renewals for Tier II noncompliance.
- Regulatory oversight – Facilities may be subject to increased regulatory inspections and oversight if reporting compliance issues are identified.
- Litigation – Injured parties could sue facilities in civil court for negligence related to deficient Tier II reporting if an accident occurs.
- Company liability – Corporate officers and directors may face personal liability for failure to properly report inventories.
- Corrective actions – Facilities may need to implement expensive corrective measures if Tier II reports are found to be non-compliant.
- Community right-to-know – Failure to provide accurate Tier II reports inhibits the public’s right to know about hazardous chemical risks at a facility.
Impact on Community Safety and Emergency Preparedness
Here are some examples of how failing to properly file Tier II hazardous chemical inventory reports has impacted community safety and emergency preparedness in Nevada:
- During a 2018 chemical fire at an adhesive manufacturing facility in Sparks, first responders were unaware of all the chemicals present due to incomplete Tier II reporting. Several firefighters suffered chemical burns.
- In 2015, a spill of sulfuric acid at a copper mine near Yerington contaminated over 70 acres downstream. The mine had failed to disclose the full volume of sulfuric acid present in Tier II filings.