Section 311 of Emergency Planning and Community Right-to-Know Act (EPCRA) requires facilities to submit a List of Chemicals or Material Safety Data Sheet (MSDS) / Safety Data Sheet (SDS) for all hazardous substances possessed on site in amounts greater than their threshold reportable quantity. The threshold quantity for hazardous chemicals (any chemical required to have an MSDS/SDS under OSHA) is 10,000 pounds. This excludes Extremely Hazardous Substances (EHS). The threshold for EHS chemicals is either the chemicals Threshold Planning Quantity (TPQ) or 500 pounds, whichever is less. To verify the TPQ of an EHS, review the EPA List of Lists. 

List of Chemicals or MSDS/SDS submissions are required to be submitted once. Resubmissions are only required if: 

• There are changes to the chemical inventory,
• A chemical newly exceeds its threshold quantity, or
• There has been a change to the hazard information of that chemical.

If submitting a List of Chemicals, please include all hazard categories associated with each chemical and their CAS Number (if applicable). Certain exemptions to this reporting are provided in Subpart B of EPA's Hazardous Chemical Reporting: Community Right-to-Know regulations.

Emergency and Hazardous Chemical Inventory (Tier II Reporting)

Downloading the Tier2Submit software from EPA may require administrator approval from within your company/facility.

The manual "Tier II Emergency and Chemical Inventory Form" and the manual "Confidential Location Inventory Form" from EPA both still display an expiration date of 3/31/2022. Both documents have had their expiration date extended and will be accepted until the 2023 deadline (March 1).

Section 312 of EPCRA requires facilities that possessed any OSHA hazardous chemical above certain threshold amounts for at least a 24-hour period to submit a Tier II Report. The threshold for OSHA hazardous chemicals is 10,000 pounds, except for Extremely Hazardous Substances (EHS) chemicals whose threshold quantity is 500 pounds or the Threshold Planning Quantity (TPQ) of that EHS, whichever is lower. TPQ’s for EHS chemicals can be found on the EPA List of Lists.

Tier II Reports are due annually on March 1 of every year. Reports are for the preceding calendar year. For example, a Tier II Report submitted on March 1, 2021, should be reporting all Tier II chemicals stored on site for the year of 2020.

Virginia has three ways to submit Tier II Reports:

• Electronic (preferred): Facilities can submit their Tier II Reports to VDEQ electronically by completing a Tier II Report in Tier2Submit2020. To submit your report via Tier2Submit, save your Tier II report(s) in Tier2Submit as a .t2s file and send your .t2s file to va-epcra@deq.virginia.gov, along with a signed copy of your certification letter. A webinar tutorial from EPA on how create a report in Tier2Submit is available.
• Manual (.pdf): Facilities can also submit a .pdf copy of their Tier II report by sending the .pdf file of their Tier II report, along with a signed certification letter, to va-epcra@DEQ.Virginia.gov
• Manual (Hard copy): Facilities can also submit their Tier II report by sending a hard copy, along with a signed certification letter, to one of the following addresses:

Postal Mail
ATTN: SARA Title III Program
Virginia Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218

FedEx
ATTN: SARA Title III Program
Virginia Department of Environmental Quality
1111 E. Main St, Suite 1400
Richmond, VA 23219

NOTE: Tier II Report submissions must also be made to the Local Emergency Planning Committee (LEPC) for your site and the local fire department. Submission instructions for your LEPC and fire department will vary depending on your sites location. The LEPC must be contacted directly for questions regarding LEPC Tier II submissions. A list of LEPCs and contact information is provided in Excel format.

Virginia requires NO PAYMENT for Tier II Report submissions.