Oregon Tier II Reporting

In Oregon, 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, submitted through the online CHS Manager system, is used to notify state officials, local officials, and the general public regarding potential chemical hazards present at facilities across Oregon. Submitted reports will be validated for accuracy by the State Fire Marshal’s office to ensure compliance

Understanding Oregon’s Tier II Reporting Requirements

Who Needs to Report?

Facilities must report if they store:

• At least 500 lbs  (or the threshold planning quantity, whichever is less) of extremely hazardous substances.
• At least 500 pounds of a solid hazardous chemical.
• At least 500 gallons of a liquid hazardous chemical.
• At least 500 cubic feet of a vaporous gas.
• At least 500 gallons of a liquefied or cryogenic gas.
• For highly toxic substances or explosives:
  • At least 5 gallons of a liquid.
  • At least 10 pounds of a solid.
  • At least 20 cubic feet of a gas.
• For radioactive substances:
  • Any quantity if the substance is not within a sealed source.
• 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

• Facilities can report amounts of chemicals in specific ranges rather than exact quantities. Ranges are 0-10,000 lbs, 10,000-100,000 lbs, 100,000-1,000,000 lbs, and over 1 million lbs.
• The reporting threshold for most hazardous chemicals is 500 lbs for solids, 500 gallons for liquids, and 500 cubic feet for gasses. Lower thresholds exist for highly toxic or explosive substances
• “Explosive” is defined in the Oregon Administrative Code as a hazardous substance classified as an explosive by the U.S. Department of Transportation.
• “Highly Toxic” is defined in the Oregon Administrative Code as a material that produces a lethal dose or lethal concentration that falls within any of the following categories:
  • (a) A chemical that has a median lethal dose (LD50) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each;
  • (b) A chemical that has a median lethal dose (LD50) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each;
  • (c) A chemical that has a median lethal concentration (LC50) in air of 200 parts per million by volume or less of gas or vapor, or two milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each;
  • (d) Mixture of these materials with ordinary materials, such as water, may not warrant a classification of highly toxic. While this system is basically simple in application, any hazard evaluation that is required for the precise categorization of this type of material shall be performed by experienced, technically competent persons.

Types of Facilities Subject to Tier II Reporting/Regulated Substances Under Tier II Reporting

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

• Semiconductor/electronics manufacturers would report hazardous chemicals like acids, solvents, photoresist chemicals
• Lumber/wood product facilities would report preservatives, adhesives, paints/stains
• Food processors would report ammonia, cleaning chemicals
• Hospitals/Healthcare facilities: Would report sterilants like ethylene oxide or hydrogen peroxide gas, solvents, disinfectants, radioactive materials
• Research/technical services facilities: Would report a wide range of laboratory chemicals like acids, solvents, compressed gasses
• Warehouses/distribution centers: Would report items like paints, cleaning chemicals, and pesticides that are stored onsite before distribution
• Retail facilities like hardware or home improvement stores: Would report paints, pesticides, and cleaning chemicals stored over-reporting thresholds onsite
• Real estate/property management: Office buildings, apartments, etc. would report cleaning chemicals and fuel oil for boilers over thresholds
• Waste management facilities: Would report discarded hazardous chemicals managed/processed onsite

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

Oregon’s Electronic Tier II Reporting System (CHS)

Overview of the CHS Manager  

CHS Manager is the online reporting system used in Oregon for facilities to submit required hazardous substance inventory reports under the Community Right to Know Act. In CHS Manager, facilities can add their site(s), enter information on hazardous chemicals stored onsite, and submit annual reports by the March 1 deadline each year. The online report form walks facilities through 7 steps to enter details about on-site contacts, chemical inventories, locations, amounts stored, safety data sheets, regulatory status, and more. The Oregon State Fire Marshal reviews and validates the reports submitted through the CHS Manager to ensure completeness and accuracy.

How to Submit a Tier II Report in Oregon

Here are the key steps for using the CHS Manager Tier II Reporting System:

• Facility Information: Enter basic information about the facility including site address, NAICS code, occupied status, and owner details
• Reporting Exemptions: Note whether any reporting exemptions apply to the facility this reporting year
•  Chemical Inventory: From Oregon’s product catalog, choose the hazardous chemicals that are stored onsite, then enter amounts stored and storage locations.
• Regulatory Status: Identify if the facility is subject to any of the following: EPCRA Section 302 (EHS stored onsite over its TPQ), EPCRA Section 313 (Toxics Release Inventory), Clean Air Act RMP (Risk Management Plan), or OSHA PSM (Process Safety Management).
• Contacts: Enter facility owner, regulatory, and emergency contacts
• Attachments: Option to attach site map and emergency plan
• Certify and Submit: Review the report, and then sign, certify, and submit it.

Key Points

Facilities must report through the online CHS Manager system rather than paper forms.

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Oregon,  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 Oregon, there are additional Tier II chemical inventory reporting requirements beyond just the annual report. Within 30 days of a substantive change, the facility must file an updated Tier II report. A substantive change is defined in OAR 837-085-0100 as one of the following:

• A change of ownership or business name
• The facility (company) is no longer in business
• A change of site address or mailing address
• A change of any phone number
• A change of any contact person information, including a change in Email or phone numbers, a change to the registered/reporting User for the facility
• Introduction of a new hazardous substance to the site in a reportable quantity
• An increase of a substance already reported that changes the Maximum Amount of Code
• A previously reported substance that is moved to another building, another floor level, or 300 feet or more from its originally reported location

Tips for Effective Tier II Reporting

Maintain Accurate Inventory Records

It is important to maintain accurate inventory records in Oregon because of the requirements around initial and updated reports. If there is a significant change at the facility, an updated report may be required.

Understand State-Specific Reporting Requirements

It is important to follow Oregon’s state-specific reporting requirements to ensure accurate reporting. Use the CHS Manager online system as paper reporting is no longer accepted. Ensure you have registered and can access the portal. Be aware of lower reporting thresholds for toxics/explosives and higher ones for gas stations. Any unsealed radioactive material must be reported, with no minimum threshold. Apply for exemptions in CHS Manager if criteria are met. Be ready to provide justification. Also, Oregon is very unusual in that they issue the invoices for Tier II fees around November. 

Keep Copies of All Submitted Reports

Once a report has been submitted, you can export the final report as a PDF. To do so, log in to your CHS Manager account and click on the facility in question. Identify the report you wish to print, and then click the “View” button. At the top of the report, click “Print Report” and then save a copy of the PDF report with your 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 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

Misclassifying Substances

Be sure to consult the EPA list of lists to double-check if chemicals stored at your facility are, or contain,  an extremely hazardous substance. 

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

Penalties for Non-Compliance with Tier II Reporting in Oregon

Potential Fines and Legal Consequences

Facilities that fail to submit a required report by the March 1 deadline may face civil penalties:

• Civil Penalties: Per Oregon Revised Statutes § 453.357, civil penalties are up to $1,000 per violation per day.
• The State Fire Marshal’s office has the authority to assess civil penalties directly to facilities.
• Penalties escalate the longer a facility remains out of compliance after receiving notice.
• Facilities are provided opportunities to correct violations before maximum penalties are issued.
• In addition to civil penalties, facilities may face permitting or regulatory action from other agencies if reporting is not completed.

Impact on Community Safety and Emergency Preparedness

Here are a few ways Tier II reporting can help with community safety and emergency preparedness:

• It provides local and state emergency planning committees with detailed information about hazardous chemicals stored and used in their communities. This helps them develop comprehensive emergency response plans.
• It informs first responders about potential chemical hazards they may encounter when responding to fires, spills, and other emergencies. Knowing what substances are on-site allows them to take proper precautions.
• Annual Tier II reporting helps ensure the information is kept up-to-date. As facilities and chemical inventories change over time, new reports allow planners to refresh their understanding of potential risks.