Section 311-MSDS | Section 312-Tier II
Virginia is a participant in the new Tier II Reporting Program (Tier2Submit). Virginia follows all federal reporting guidelines and uses federal reporting forms for the collection of EPCRA data. Under the federal requirements, facilities must submit Tier II information by March 1 for the activities occurring in the preceding year.
Federal EPCRA Program, Compliance, Guidance, and Chemical Information
Regulation: [40 CFR, Part 370]
DEQ strongly encourages submission of the electronic version of the Tier II reports generated by using Tier2 submit software or E-Plan, although paper copies are accepted. The Tier II electronic version report can include a file with extension t2s or mer (zip) and not pdf. These files should be submitted by the facility to the Virginia Emergency Response Council (VERC) c/o Virginia DEQ to the e-mail address firstname.lastname@example.org or mailed in a CD. After electronic submission of the Tier II report, the facility may choose one of the options provided below to submit the certification letter:
1. Mail Virginia DEQ an original signed printed copy of a Tier II report from the Tier2Submit or other reporting software.
2. Incorporate the content of this Virginia-specific sample certification letter (sample certification letter) in your facility's business cover letter, sign and mail it to the address provided at the bottom of this page.
A facility's Tier II Report submittal will be deemed complete when this office receives both the electronic submittals and the original signed certification letter. More details are provided below on Tier II reporting requirements and reporting software.
Section 311 - Material Safety Data Sheet (MSDS)
Who Should Report?
A facility that stores, uses, or produces chemicals requiring a Material Safety Data Sheets (MSDSs) under the required by U.S. Occupational Safety and Health Administration (OSHA) hazard communication standard must have copies of the MSDS of all chemicals; or a single list of those chemicals requiring reporting, grouped by hazard category provided to the Virginia Emergency Response Council (VERC), and to the Local Emergency Planning Committee (LEPC) and to the local fire department with jurisdiction over the facility.
Virginia Emergency Response Council prefers one list of all reportable chemicals, grouped by the hazard category.
Which Hazardous Chemicals Should be Reported?
Hazardous Chemicals subject to reporting:
U.S. EPA provides regulatory relief for retail gas stations in Sections 311 and 312 reporting. The regulatory relief exempts retail gas stations from reporting if the tanks hold less than 75,000 gallons of gasoline or 100,000 gallons of diesel fuel if the facility is in full compliance with the underground storage tank requirements.
Hazardous chemicals exempt from reporting:
1. EPCRA-specific exemptions:
a) The FDA exemption
b) Solids in manufactured items
c) Consumer products
d) Laboratory chemicals
e) Agricultural chemicals
f) Retail gas stations in compliance with underground storage tank (UST) regulations storing gasoline and diesel fuel entirely underground
2. The OSHA exemptions:
a) Hazardous wastes regulated by RCRA.
b) Tobacco or tobacco products.
c) Wood or wood products.
d) Manufactured items.
e) Foods, drugs, cosmetics or alcoholic beverage in a retail establishment which are packaged for sale to public.
f) Foods, drugs, cosmetics intended for personal consumption by employees while in the workplace.
g) Consumer products when used in the workplace.
h) Any drugs in solid, final form for direct administration to the patient.
3. No exposure hazardous chemicals
4. Transportation exemption
Section 311 Reportable Threshold
If at any time during the year the amount of chemical you have at your facility meets or exceeds the following threshold amounts, the chemical may be reportable:
- EHS - greater than or equal to 500 lbs. or the individual chemical's threshold planning quantity (TPQ) - whichever is less, at any one time.
- For most MSDS hazardous chemicals - greater than or equal to 10,000 lbs. at any one time.
- De minimis concentration: 1% by weight for hazardous chemicals and 0.1% for EHS carcinogen.
- A facility must report within 3 mos. after the facility first handles a hazardous chemical required to have a MSDS by OSHA.
Section 312 - Virginia Tier II Reporting Requirements
EPA and the Virginia Emergency Response Council encourages the use of the new Tier II reporting system and form.
1. Virginia EPCRA Section 312 - Tier II reporting program requires the use of federal Tier II form or electronic reporting system; does not assess a fee for report submittal; has the same requirements as the federal regulations; and accepts the electronic form or the hard copy Tier II reports
2. All electronic (CD or e-mail) Tier II report submittals to Virginia (VERC and LEPC) must be accompanied by a signed copy of a (facility-specific) cover letter with appropriate Tier II certification language, signature and date; The cover letter should include facility name, its physical address, and the names of all chemicals reported. Any CD or e-mail reporting received without a signed certification statement shall be deemed an incomplete submittal and non-compliant.
For e-mail submittal, please indicate in the e-mail the date of the mail-out and, if applicable, the certified/registered/express mail number of the signed certification. Upon receipt of the signed certification, the electronic submittal will be considered complete (see Virginia sample certification letter)
The recorded date for the electronic submittals is based on the certification date and the recorded date of receipt of the electronic submittals is based on the date the signed certification is received.
3. Virginia SARA Title III program office is no longer sending Section 312 - Tier II reporting reminders to regulated facilities; Affected facilities are expected to comply with the federal Tier II regulations and submit the report by March 1 of each year for the activities occurring in the preceding year
4. All reporting facilities are required to submit a Tier II report to the Virginia Emergency Response Council (VERC) and a copy to the Local Emergency Planning Committee (LEPC) (please check the LEPC list for the appropriate contact), and to the local fire department with jurisdiction for the facility
What is Considered Tier II Reporting Non-Compliance:
- Omission of or Incomplete:
- Reporting year designation Name and signature
- Certification date Facility physical address
- 2 contact names (daytime and 24-hour emergency information)
- Chemical physical and hazard information
- Quantification information
- Chemical storage information. e.g.: "Building #333" or "the Old Warehouse" (without a site map or additional reference to guide emergency respondent to the exact where about or the storage nature or the chemical).
Warning: On March 1 of each year, a Tier II report is due for activities occurring in the preceding year. Please do not submit Tier II report with a reporting year designation referencing the present or future year, because it will not be filed nor processed by this office. If we receive a Tier II report that references a reporting year in the past, that Tier II report will be treated as a revision (regardless of the date of the signature). A facility submitting an erroneous reporting year will be considered in non-compliance. This Office will not and does not make assumptions as to the correct reporting year submittal a facility is submitting, even if that submittal occurs during the March 1 reporting period.
Section 312 Reportable Threshold
The final reporting thresholds for Section 312 apply to:
- Non-extremely hazardous substances, or hazardous chemicals present at a facility in quantities equal to or greater than 10,000 pounds, and/or
- Extremely hazardous substances present at a facility in quantities equal to or greater than 500 pounds, or the "threshold planning quantity," whichever is less
How Should Facilities Report?
Under the federal requirements, facilities must submit Tier II information by March 1 for the activities occurring in the preceding year.
We strongly urge all facilities to report using the Tier2 Submit software or online report preparation tools such as E-Plan. These online systems have built in edit checks that help avoid errors. Tier II submitters can export their Tier II facility records to a Tier2 zip file, or t2s file. The facility should then email us or send us a CD with the t2s or zip file of the submission. Links are provided below:
EPA Tier2 Submit reporting software: EPA Tier2Submit
DHS E-Plan Report Preparation Tool: E-Plan
Tier II Reporting Forms and instructions: TIER II REPORTING FORMS
Where Should Facilities Submit Forms?
The reports should be sent to the State Emergency Response Council (VERC c/o VA DEQ), to the local emergency planning committee LEPC and to the local fire department.
The address for VERC is:
Virginia Emergency Response Council (VERC)
c/o Virginia DEQ
SARA Title III Program Office
PO Box 1105
Richmond, VA 23218
Physical Mailing Address:
Virginia Emergency Response Council (VERC)
c/o Virginia DEQ
SARA Title III Program
629 E. Main St.
Richmond, VA 23219
For a listing of the state Local Emergency Planning Committees (LEPC) click here.