Executive Summary - The EPA requires petroleum marketers to report to state or local emergency responders by March 1 of each year the identity, location and quantity of hazardous materials (gasoline, diesel fuel, etc) when stored at a facility during the previous calendar year in excess of established threshold volumes. The information must be filed on an Emergency Planning and Community Right to Know (EPCRA) Tier II Inventory Reporting Form or on Tier2 Submit electronic filing software. Tier II reports must also be filed for marinas and fleet fueling facilities as well as retail facilities above a certain storage capacity. Most states require or provide for electronic filing of EPCRA Tier II reports. New data elements have been added to the form this year.

ANNUAL EPCRA TIER II REPORTS FOR BULK PLANTS DUE BY MARCH 1, 2014:

EPA EPCRA Tier II reports must be filed for bulk plants, marinas and fleet fueling facilities that stored more than 10,000 pounds (approx 1,626 gallons) of hazardous chemicals (petroleum fuels) at any single time during the 2013 calendar year. EPCRA reports must be filed with local or state emergency response authorities no later than March 1, 2014. In addition, retail facilities with a storage capacity greater than 75,000 gallons of gasoline and/or 100,000 gallons or more of diesel fuel must also file EPCRA reports. Federal regulations exempt retail fueling facilities at or below these capacity thresholds from the annual Tier II inventory reporting. Some states have set lower reporting thresholds, use unique Tier II reporting forms or require electronic reporting. Petroleum marketers should contact their state EPCRA office to verify any local variances in Tier II reporting requirements.

PAPER FORMS AND ELECTRONIC SUBMISSION SOFTWARE:

• EPCRA Tier II forms may be downloaded here: http://www.epa.gov/emergencies/content/epcra/tier2.htm.  Important! Many states now require electronic filing of Tier II reports.
• Most states have adopted the EPA Tier2 Submit portal for electronic filing. Tier2 Submit electronic filing may be downloaded at: http://www2.epa.gov/epcra-tier-i-and-tier-ii-reporting.
• A complete list of state EPCRA Tier II requirements and procedures can be downloaded here: http://www2.epa.gov/epcra-tier-i-and-tier-ii-reporting/state-tier-ii-reporting-requirements-and-procedures.

CAS NUMBERS: The following CAS designations (from material safety data sheets) must also be included on EPCRA Tier II reports; Gasoline (CAS 8006-61-9); Diesel Fuel (CAS 68476-34-6); Kerosene (CAS 8008-20-6); Fuel Oil (CAS 68476-30-2); Aviation Gasoline (CAS Mixture); Jet A (CAS Mixture); JP 8 (CAS Mixture).

NAICS CODE: Standard Industrial Classification (SIC) codes can no longer be used to describe facilities on EPCRA Tier II reports. Instead, North American Industrial Classification System (NAICS) codes must be used. Applicable NAICS codes for the petroleum marketing industry include: Petroleum Bulk plants - NAICS 424710; Heating Oil Dealers - NAICS 454311; Retail Gasoline Stations with Convenience Stores - NAICS 44711; Retail Gasoline Stations without Convenience Stores - NAICS 44719.

PENALTY FOR VIOLATION: The EPA fine for violating EPCRA Tier II reporting is $37,500 per day, per violation. EPA checks for filing of EPCA Tier II reports during routine compliance audits or after a release has occurred.

IMPORTANT! This year the Tier II Form requires additional data including; facility phone number, latitude and longitude coordinates of the facility and an estimate of the maximum number of people at the facility at any one time.

In addition, the new Tier II form asks whether the facility is subject to emergency planning under Section 302 of EPCRA (Toxic Release Inventory or TRI) or the chemical accident prevention requirements under 112r of the Clean Air Act (Risk Management Program or RMP). For small bulk plant operators the answer to these questions is almost always NO. Typically, small petroleum bulk plants operated by petroleum marketers located downstream of the terminal rack are NOT subject to TRI or RMP. While these small bulk plants must comply with Spill prevention Control and Countermeasure (SPCC) this is not the same as TRI or RMP.