Washington Tier II Reporting

In Washington, 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 Washington’s Tier II Reporting Requirements

Who Needs to Report?

Any facility in Washington that has hazardous substances equal to or greater than the established threshold amounts (listed below) must report.

• At least 10,000 lbs of hazardous chemicals.
• At least 500 lbs  (or the threshold planning quantity, whichever is less) of extremely hazardous substance

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 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

 Here are some examples of facilities and chemicals that would likely need to submit a Tier II hazardous chemical inventory report in Washington:

• Oil refineries – These facilities store large quantities of petroleum products like gasoline, diesel, jet fuel, lubricating oils, and fuel additives above reporting thresholds.
• Paper mills – Chemicals used in paper processing like sodium hydroxide, sulfuric acid, methanol, and chlorine derivatives often require reporting.
• Metal plating and finishing facilities – Metals like chromium, nickel, cadmium, and copper with acids/bases used for electroplating and finishing trigger Tier II requirements.
• Chemical distributors – Facilities distributing bulk chemicals like acids, solvents, alcohols, cleaning products, pesticides, and other industrial chemicals will likely exceed reporting thresholds.
• Semiconductor manufacturing plants – These facilities use various hazardous chemicals like solvents, acids, photoresists, and dopants that require Tier II reporting.
• Boat building and repair yards – Sealants, coatings, paints, solvents, and petroleum products used at boatyards often exceed inventory thresholds.
• Food processing plants – Ammonia used for refrigeration, cleaning chemicals, and pesticides may trigger reporting at food processors.
• Wood and furniture producers – Finishing chemicals like varnishes, stains, adhesives, paints, and preservatives require reporting.
• Auto body shops – Solvent-based paints and coatings, as well as petroleum products require reporting.

Key Points

Facilities involved in manufacturing, chemical processing, petroleum production, and other industries tend to have the highest number of reportable inventories in Washington.

Washington’s Electronic Tier II Reporting System (Tier Two Online)

Overview of Tier Two Online

Secure Access Washington (SAW) provides access to the reporting portal used for submitting Tier II hazardous chemical inventory reports in Washington state through Tier Two Online.

How to Submit a Tier II Report in Washington

Here is a summary of the key steps to submit a Tier II report in Tier Two Online:

• Log into Tier Two Online via SAW
• Go to your account
• Click “Access Now” next to Tier Two Online to open your report.
• Fill out your Tier Two report 
• Reporting instructions appear on the right side of Tier Two Online
• Fill out the report in full
• Click “Submit” when your report is complete 
• Send report to other required emergency planning agencies 
• To complete your Tier Two reporting requirements, you must send your reports to your LEPC and local fire department

Key Points 

The Department of Ecology oversees the Tier II reporting program in WA.

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Washington state, 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 Washington, 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
• 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 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

Once you submit your Tier II report through SAW, you must also send your Tier II report to your Local Emergency Planning Committee (LEPC) and local fire department.

Keep Copies of All Submitted Reports

SAW allows you to generate a PDF report of the information you submitted to the state. 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 leads to the highest fines.
• Even small errors, like one chemical, can still incur sizable penalties.
• Follow EPCRA closely to avoid violations and protect your business finances.

Penalties for Non-Compliance with Tier II Reporting in Washington

Potential Fines and Legal Consequences

Here are some potential fines and legal consequences for failing to submit a required Tier II hazardous chemical inventory report in Washington State:

• Civil Penalties: Per Washington Administrative Code 118-40-400, civil penalties are up to $25,000 per violation per day, mirroring the federal limits established in EPCRA Section 325.
• Criminal Penalties: Criminal penalties also mirror the federal limits, and can be up to $50,000 and/or up to 5 years imprisonment.
• Failing to report properly may also be grounds for permit denial or revocation for facilities that require environmental permits to operate.
• Organizations that do not comply with Tier II regulations may face lawsuits from state and local governments, as well as civil litigation.
• Poor reporting history can also lead to increased inspections and scrutiny of a facility’s operations even if no formal enforcement action is taken.

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 Washington:

• Sulfur Dioxide Release in Anacortes: An oil refinery experiences a sulfur dioxide release but has not adequately reported the full quantities present in its Tier II filings. Nearby residents suffer respiratory issues due to delayed emergency response.
• Chemical Fire during Wildfires: During wildfires, firefighters unknowingly use water on a chemical fire at a facility that failed to report its lithium stores in the Tier II report. This results in explosions that injure first responders.
• Chlorine Spill in Tacoma: A chlorine spill occurs during the cleanup of a recently closed paper mill that did not file a final Tier II report or remove hazardous chemicals. The port area must be evacuated, causing significant disruption.