Oregon Tier II Reporting
Tier II reporting in the state of Oregon is required for any facility that stores hazardous chemicals meeting or exceeding reporting 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, 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?
Any facility in Oregon that stores any of the following hazardous substances (listed below) in an amount that meets or exceeds the reportable quantity (RQ) for more than 24 hours must report.
- Extremely hazardous substances (EHS) that are present at or above the federal EPCRA Threshold Planning Quantity (TPQ) or 500 lbs, whichever is less
- Liquids have an RQ of 500 gallons or more
- Solids have an RQ of 500 lbs or more.
- Non-liquefied gasses have an RQ of 500 cubic feet or more.
- Liquefied gasses have an RQ of 500 gallons or more.
- Highly toxic and explosive substances have lower RQs – liquids at 5 gallons or more, solids at 10 lbs or more, and gasses at 20 cubic feet or more. For a list of highly toxic and explosive substances refer to this link
- Any amount of radioactive substances or waste
- Retail gas stations that store at least 75,000 gallons of gasoline or diesel fuel at 100,000 gallons or more
- Gasses for human/animal ingestion/inhalation are exempt if used where ingestion/inhalation occurs, not used in manufacturing, not cryogenic, and less than 1,000 cubic feet
- 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.
- Radiological materials must be reported at any quantity if unsealed
- Certain exemptions exist for retail gas stations, explosives permit holders, and on-site transportation.
- More information on Tier II reporting in Oregon can be found here
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
Facilities in these industries would likely need to report common chemicals stored over Tier II thresholds like acids, flammable liquids, fuels, chlorine, and ammonia.
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.
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 due March 1, annually regarding information on hazardous chemicals present at the facility in 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 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).
Be sure to consult the EPA list of lists to double-check if the chemical is an extremely hazardous substance.
Failing to Keep Up-To-Date with Changes in Regulations
Oregon may not change the state implementation of Tier II frequently. However, check with your LEPCs, as they may require more stringent rules for the facilities in their jurisdiction.
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.