Tier II frequently requested information
Frequently Asked Questions
Tier II Reporting Requirements Questions
- What are the hazardous chemical storage reporting requirements (EPCRA sections 311/312)?
- What is a reportable chemical?
- Who must report under sections 311/312?
- What is the reporting timeline for Tier II and other EPCRA obligations?
- Do I need to send my Tier II report to the State Emergency Response Commission, Local Emergency Planning Committee, and fire department?
- Do I need to submit a Tier II report if I did not store a hazardous chemical above EPA thresholds for the entire year?
- What are the Regulations?
Tier II Submittal Questions
- Where do I submit my report?
- What file types are accepted for Tier II reporting?
- How do I reset my AccessGov password?
- How do I find my Dun and Bradstreet Number?
- How do I find my NAICS code?
- How do I download a copy of my Tier II report?
- How do I get a copy of my Tier II payment receipt?
Tier II Reporting Requirements Questions
1. What are the hazardous chemical storage reporting requirements (EPCRA sections 311/312)?
Under Occupational Safety and Health Administration (OSHA) regulations, employers must maintain a Safety Data Sheet (SDS) for any hazardous chemicals stored or used in the workplace.
Sections 311/312 require facilities that stored chemicals with an SDS during the previous calendar year at or above the Emergency Planning and Community Right-to-Know Act (EPCRA) reporting thresholds to submit a Tier II report. The Tier II report documents the hazardous chemicals stored at a facility, including their quantities and associated physical/health hazards, as well as the facility’s location information and emergency contacts.
In Colorado, facilities meet this requirement by filing a single submission with the Colorado Department of Public Health and Environment (CDPHE). Tier II data submitted to the state is distributed to the State Emergency Response Commission, Local Emergency Planning Committees, and local fire departments.
2. What is a reportable chemical?
If OSHA requires your facility to keep an SDS on file for any chemicals stored or used in the workplace, and the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then you must report it.
The TPQ for a hazardous chemical is either:
- 500 pounds or its TPQ, whichever is lower, for the 355 chemicals listed under Section 302, also known as Extremely Hazardous Substances (EHS); or
- 10,000 pounds for any other hazardous chemical.
List of chemicals classified as EHSs under EPCRA Section 302:
- Extremely Hazardous Substance List by Chemical Name
- Extremely Hazardous Substance List by Chemical Abstract Service Number
Retail Gas Station Exception: Retail gas stations are not exempt from Tier II reporting requirements, but they do have different thresholds for gasoline and diesel stored in underground storage tanks. The thresholds for reporting gasoline and diesel fuel stored completely underground at retail gas stations are 75,000 gallons and 100,000 gallons, respectively.
3. Who must report under sections 311/312?
If OSHA requires a facility to keep an SDS on file for hazardous chemicals stored or used in the workplace, and one or more of the chemicals is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then you must file a Tier II report for that facility and chemical.
4. What is the reporting timeline for Tier II and other EPCRA obligations?
The Tier II reporting period opens on January 1st of each year, for reporting on the full previous calendar year. These Tier II reports for chemicals stored during the previous calendar year are due March 1st at 5 PM MST.
If a facility stores new hazardous chemicals above EPA thresholds after it submitted its Tier II report, it must submit an amendment within 90 days of the chemical arriving on site.
Under EPCRA Section 302, if the facility stores a new extremely hazardous substance, the facility must submit a notice to the State Emergency Response Commission, its Local Emergency Planning Committee, and fire departments within 60 days of the chemical arriving on site. The extremely hazardous substance list documents all chemicals that fit this classification and their associated Threshold Planning Quantity.
5. Do I need to send my Tier II report to the State Emergency Response Commission, Local Emergency Planning Committee, and fire department?
No. CDPHE’s platform serves as a single point of submission for Tier II reports in Colorado. We will disseminate your report to the SERC, the relevant LEPC, and the fire departments on behalf of the facility.
6. Do I need to submit a Tier II report if I did not store a hazardous chemical above EPA thresholds for the entire year?
If your facility stored a chemical requiring an SDS above EPA thresholds at any point during the previous calendar year, you must file a Tier II report.
7. What are the Regulations?
Relevant regulations connected with the storage and reporting of hazardous chemicals include:
Tier II Submittal Questions
8. Where do I submit my report?
Your Tier II report in the .t2s format must be uploaded to CDPHE’s Tier II AccessGov platform. We do not accept reports submitted through email, physical mail, or means other than this platform.
9. What file types are accepted for Tier II reporting?
Only validated .t2s files may be uploaded through the process described in the instructions. While other file types may be uploaded as supporting documents (like PDFs and JPEGs), a .t2s file must be properly uploaded to complete your Tier II reporting process. The EPA’s Tier2 Submit software creates the .t2s file for submission. Each year, you must download and use the latest version of the software. Please see the website above to download the latest version.
10. How do I reset my AccessGov password?
To reset your password, navigate to the AccessGov log-in page and select “Forgot your password.”
11. How do I find my Dun and Bradstreet Number?
Colorado requires businesses to include their Dun and Bradstreet number on their Tier II report. The Dun and Bradstreet number is a unique identifier that helps connect individual facility locations to the parent company. Colorado does not require a Dun and Bradstreet number for local, state, or federal government entities or universities.
If you have already created a Dun and Bradstreet number, you can use the search tool to find your number. If you do not have a number, you can create one on Get a D-U-N-S Online. Creating a Dun and Bradstreet number is free, but there is a fee to expedite the process.
CDPHE does not recommend that any facility pay to receive an expedited number. The free number is often issued much earlier than 30 days. However, if you do not receive your number with enough time to meet the March 1st deadline, please contact the SARA Title III Coordinator for additional submittal instructions.
12. How do I find my NAICS code?
Tier2 Submit asks for the primary North American Industry Classification System (NAICS) code for your facility. For more information on NAICS codes and a NAICS search tool, see the NAICS Association webpage.
13. How do I download a copy of my Tier II report?
If you would like to download a copy of your submittal report, navigate to your AccessGov account and select the “Done” category from the table on the left of the dashboard. Select “download” next to the report of interest.
The Tier2 Submit software generates the long-form Tier II report, including chemical information. To create your long-form copy, open your Tier2 Submit software, select the facility in question, select "Export/Submit", then choose to export as another file type, and select PDF.
14. How do I get a copy of my Tier II payment receipt?
When you submit your Tier II report and pay your fee, you will receive an emailed receipt from no-reply@www.colorado.gov. If you did not receive this receipt, please contact cdphe.ppsaratitle3@state.co.us to ask for a copy.