HomeMy WebLinkAboutDERR-2025-001118TIER 2 FAQs
1.) Is my facility subject to Tier 2 reporting under EPCRA Section 312?
The requirements of EPCRA Section 312 (40 CFR Part 370) apply to the owner or operator of
any facility that is required to prepare or have available a Safety Data Sheet (SDS) for a
hazardous chemical under the OSHA Hazard Communication Standard. Facilities must submit
an annual inventory of these chemicals by March 1 of each year if the following apply:
1. Facilities with hazardous chemicals in quantities that equal or exceed 10,000 pounds,
unless:
a) the facility handles gasoline (all grades combined) at a retail gas station, the
threshold level is 75,000 gallons if the tank(s) was stored entirely underground
and was in compliance at all times during the preceding calendar year with all
applicable Underground Storage Tank (UST) requirements at 40 CFR part 280 or
requirements of the State UST program approved by the Agency under 40 CFR
part 281.
b) the facility handles diesel fuel (all grades combined) at a retail gas station, the
threshold level is 100,000 gallons if the tank(s) was stored entirely underground
and the tank(s) was in compliance at all times during the preceding calendar year
with all applicable UST requirements at 40 CFR part 280 or requirements of the
State UST program approved by the Agency under 40 CFR part 281.
2. Facilities with Extremely Hazardous Substances (EHSs) (40 CFR part 355 Appendix
A and Appendix B), in quantities that equal or exceed 500 pounds or the Threshold Planning
Quantity (TPQ), whichever is lower. An EPA Consolidated List of Lists is also available.
2.) When are Tier 2 reports due? Can an extension be granted?
Tier 2 reports are due annually by March 1 for chemicals present on-site at any one time during
the previous calendar year. Since this is a statutory provision, the EPA or State cannot grant
extensions to the deadline.
3.) If a facility sells its assets or changes ownership to another operator within the same
reporting year, what is the process for reporting?
If the facility had on-site at any one time during the reporting year at least 10,000 lbs. of a
hazardous chemical, or at least 500 lbs. or the threshold planning quantity (TPQ) of an extremely
hazardous substance (EHS), whichever is lower, the owner/operator must complete and submit a
Tier 2 report for the period the chemicals were on-site during the calendar year. Each
owner/operator is responsible for reporting the hazardous chemicals on-site during the date range
that they legally owned and operated the facility. The new owner/operator must complete and
submit a new Tier 2 report to include any additions to the chemical quantities or if other
hazardous chemicals were acquired on-site at threshold levels during the remainder of the
calendar year.
4.) What are the notification requirements if my facility closed or is no longer subject to
Tier 2 reporting?
For facility closures, please submit a notification letter on company letterhead to the Tier 2
Coordinator at eqderrtier2@utah.gov and include the facility’s name, address, Tier 2 ID #, and
the date the facility closed or when the chemicals were removed. The facility will still be
required to report for any hazardous chemicals on-site that meet threshold levels up until the date
the facility closed or the date the chemical was removed. If an owner/operator is not subject to
Tier 2 reporting for the entire calendar year, a report does not need to be submitted.
5.) Are there additional reporting requirements for Utah, aside from the federal
requirements?
No, currently Utah has not implemented any other Tier 2 reporting requirements in addition to
the federal requirements under (40 CFR Part 370).
6.) How can I obtain a copy of my Tier 2 report in a PDF or T2S format?
Tier 2 reports can be exported from the Tier2 Submit software in both PDF and T2S formats. It’s
highly recommended the T2S file be saved on a device accessible to a reporter for the following
year. The Tier 2 report can also be downloaded in PDF, Word, or Excel formats from the Tier 2
Submission Portal under the GRAMA Search option.
8.) How can I obtain confirmation that my Tier 2 report was submitted in the Tier 2
Submission Portal?
When a user uploads their T2S file in the submission portal and verifies information on the Tier
2 report, the submission will be complete and there will be an option to click “Send Me A
Receipt.” This will send an email confirmation that the report was submitted. If a user does not
choose this option, a GRAMA Search can be performed for submission confirmation.
9.) How do I backfile a Tier 2 report for a previous year?
A reporter who needs to backfile a report for a previous year will need to create a Tier 2 report
using the Tier2 Submit software for the specific reporting year. Previous software versions can
be obtained by contacting the EPA’s Risk Management Program (RMP) Reporting Center at
RMPRC@epacdx.net. When the reporter is ready to submit their report, they will need to contact
the Tier 2 Coordinator at eqderrtier2@utah.gov.
10.) Are there any Tier 2 report filing fees for Utah?
No, currently, there are no Tier 2 report filing fees for Utah.
11.) Can I use a UtahID account under someone else or can I be added to an existing
account?
Each user must create their own UtahID account in order to access the Tier 2 Submission Portal.
All portal email correspondences will be sent to the email created under UtahID, and a user must
have access to that email. It’s not possible for a user to be added to another user’s UtahID
account.
12.) Where can I find contact information for my LEPC?
You can find your local LEPC on the Utah Division of Emergency Management’s website at:
https://dem.utah.gov/local-emergency-planning-committees-lepc/. Click the button that says,
“Find your local LEPC here.”
13.) How do I know if my facility has a Utah Tier 2 ID #?
In the Tier 2 Submission Portal, the “My Facilities” option allows a user to click the “Add A
Facility” button, and then click “Yes” when asked if the facility has been reported on in the past.
It’s recommended to perform a search for the facility using the facility address. The “Lookup”
button will display the facility information with the Tier 2 ID #, and you can add the facility to
your account. If no results display, the facility may need to be assigned a new Tier 2 ID #
through the “New Facility Request” option. The Tier 2 Coordinator will verify the assignment of
new Tier 2 ID #’s before approving requests. The facility information including the Tier 2 ID #
will display on your “My Facilities” page.
14.) Can I resubmit my report if I made a mistake?
If a user needs to make any corrections or updates to the Tier 2 report, the user will need to
correct that information in the Tier2 Submit software first. When the updated file is ready to
submit, the user will use the same procedure to upload and submit the report. The Tier 2
Submission Portal allows users to resubmit as many times as needed. The most recently
submitted report will become the “active” report.
15.) Why can't I access the Tier 2 Submission Portal?
All users need to create a UtahID account at https://id.utah.gov/ and then email the full name and
email address under the account to eqderrtier2@utah.gov. Once confirmation has been received
that the account is activated, users must make sure they’re logged in under their account and then
open a new window to access the Tier 2 Submission Portal at https://tier2.deq.utah.gov/. If an
error occurs, users may need to clear their browsing history or cache.