EPCRA TIER II Reports for Retail Sites and Bulk Plants Must be Filed by March 1, 2024

Energy Marketers are reminded that March 1, 2024 is the deadline for filing EPCRA Tier II reports for all bulk plants and retail fueling facilities meeting certain compliance thresholds for the storage of petroleum products during the previous calendar year. Typically, Tier II reports are filed with the state or local Fire Marshall where the facility is located. The information on the EPCRA Tier II report is used by state and local governments to prepare and respond to a potential release of hazardous chemicals from a facility. EPCRA Tier II reports are also used to notify the public of the presence of hazardous materials stored in their community.

Covered Facilities and Compliance Thresholds – Bulk plants and retail fueling sites are typically the facilities for which energy marketers must file EPCRA Tier II reports. The following facilities meeting applicable compliance thresholds must file EPCRA Tier II reports:

  • All bulk plants storing more than 10,000 pounds of petroleum product anytime during the previous calendar year.
  • Retail fueling facilities with more than 75,000 gallons of gasoline storage capacity and/or more than 100,000 gallons of diesel fuel storage capacity. However, retail fueling facilities that do not meet these volume storage capacities for gasoline and diesel fuel are exempt from EPCRA Tier II reporting.

Penalty for Violations – The EPA penalty for failure to comply with EPCRA Tier II reporting requirements ranges between $25,000 to $175,000 per day, per violation. EPA checks for EPCRA report filing during routine compliance audits, after a facility release or upon a notification of non-compliance by a member of the public.