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:
   1. 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.
   2. 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.

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.

No, currently Utah has not implemented any other Tier 2 reporting requirements in addition to the federal requirements under (40 CFR Part 370).

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.

All users need to create a UtahID account at 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, you must make sure you are logged in under your account and then open a new window to access the Tier 2 Submission Portal at tier2.deq.utah.gov. If an error occurs, you may need to clear your browsing history or cache.

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.

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.

You can find your local LEPC on the Utah Division of Emergency Management’s website. Click the link at the bottom that says, “Find your local LEPC here.”

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.

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.

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.

No, currently, there are no Tier 2 report filing fees for Utah.

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.

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.