Virginia Tier II Reporting

In Virginia, 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 Virginia’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 Virginia and the chemicals used that would most likely need to submit a Tier Ⅱ form:

• Oil and gas facilities: crude oil, diesel fuel, lubricating oils, solvents like benzene
• Wood Preservation – Treating lumber and plywood with preservatives and pesticides.
• Food Processing – Use of ammonia, cleaning chemicals, and pesticides
• Wastewater Treatment – Chlorine, sulfur dioxide, and ammonia compounds used for disinfection and processing
• Electronics Manufacturing – Solvents, acids, and metal etchants used to produce computer chips and other electronics
• Defense Contracting – Chemicals used for rocket propellants, explosives, protective coatings
• Auto repair shops: paints, thinners, solvents, oil
• Hospitals: ethanol, formaldehyde, ethylene oxide, diesel fuel

Key points

Facilities in these industries often store chemicals exceeding Tier II thresholds, such as acids, flammable liquids, fuels, chlorine, and ammonia. 

Virginia’s Tier II Submittal Methods System (Tier2Submit Software)

Overview of Tier2Submit Software 

• Virginia requires electronic Tier II submissions to VDEQ using Tier2Submit Software. Tier2Submit is developed by the federal government and allows users to prepare Tier II reports that are compliant with the requirements of each facility’s jurisdiction.  
• A new version of the software is released every year. Facilities must download the latest version of the software prior to preparing a Tier II report.
• After preparing the report, the Tier II Submit software will export a file with an extension of .t2s. The software will prevent users from exporting a file until all required data has been included and validated.

How to Submit a Tier II Report in Virginia

• Build your facility and chemical inventory
  • Add your facility details, like name, address, contacts, etc.
  • Input your chemical inventories, including CAS numbers, storage locations, and amounts.
• Upload any attachments such as site maps or emergency response plans.
• Resolve any validation errors that have been flagged by the software
• Add the verifier information to certify that the information is true, accurate, and complete
• Export your Tier II report(s) in Tier2Submit as a .t2s file

• Send the .t2s file to va-epcra@deq.virginia.gov, along with a signed copy of your certification letter. The template for the certification letter can be found on Virginia’s Community-Right-to-Know website. Virginia does not require payment for Tier II submissions.
• Note that you may still need to file with local agencies directly. Check with your LEPC and fire department for their reporting requirements. In many cases, you may have to export a .pdf copy of your report from Tier2 Submit and email or mail it.

Key points

• Facilities can also submit a .pdf copy to the SERC by sending the .pdf file of their Tier II report, along with a signed certification letter to va-epcra@DEQ.Virginia.gov
• Facilities can also submit their Tier II report as a hard copy with a signed certification letter to the following address:

Postal Mail
ATTN: SARA Title III Program
Virginia Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218

FedEx
ATTN: SARA Title III Program
Virginia Department of Environmental Quality
1111 E. Main St, Suite 1400
Richmond, VA 23219

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Virginia,  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 Virginia, there may be additional Tier II chemical inventory reporting requirements 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. 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

Although you can submit your Tier II report electronically, the LEPC and Fire Department may not be able to access a .t2s file. Therefore, you may have to file those reports separately. Submission instructions (such as whether the report should be submitted electronically as a .PDF or by hard copy)  will vary depending on which LEPC or FD has jurisdiction over your facility. The LEPC and FD should be contacted directly for questions regarding their submission requirements. A list of LEPCs and their contact information can be found on the SERC website. Several LEPCs in Virginia, such as Henrico County LEPC, require an additional submission to be made through their own reporting portal.

Keep Copies of All Submitted Reports

As previously mentioned, Tier2Submit allows users to export their reports using various methods (.t2s file and pdf file). Facilities should keep copies of these exports for their 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 threshold

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 (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 typically leads to the highest fines.
• Even small errors associated with one chemical can incur sizable penalties.
• Keep up to date with your LEPCs and their requirements to ensure first responders have the information they need and you’re fully compliant

Penalties for Non-Compliance with Tier II Reporting in Virginia

Potential Fines and Legal Consequences

Failure to comply with Tier II reporting requirements in Virginia can result in significant fines and legal consequences imposed by the state’s Department of Environmental Quality (DEQ):

• Civil Penalties: Virginia civil penalties are up to $25,000 per violation per day, mirroring the federal limit.
• Criminal Penalties: Criminal penalties for EPCRA violations in Virginia can result in fines of up to $50,000 and/or 5 years imprisonment.
• Injunctions – DEQ may obtain court orders to compel facilities to submit delinquent Tier II reports and prohibit further chemical handling.
• Permit Actions – DEQ may revoke or put holds on environmental permits a facility needs to operate until Tier II reporting is completed.
• Company Officers – Corporate officers and managers can face personal liability for failure to report hazardous chemical inventories.
• Public Relations – DEQ may issue press releases identifying facilities with delinquent reporting, resulting in bad public relations.
• Lawsuits – Non-compliance can increase exposure to lawsuits if chemical releases occur and reporting is deficient.

Impact on Community Safety and Emergency Preparedness

Here are some potential examples of how failing to accurately report hazardous chemicals on Tier II inventory forms can impact community safety and emergency preparedness in Virginia:

• Firefighters in Richmond enter a burning manufacturing plant unaware of large quantities of flammable solvents not disclosed in the facility’s Tier II report. Unexpected explosions injure several responders.
• Emergency responders in Norfolk are delayed in evacuating residents after an ammonia leak at a refrigeration facility that failed to report its chemical inventories properly. Nearby community members suffer health issues due to exposure.