Tier II Chemical Reporting in Delaware: Who Files & How

Short answer: Delaware's thresholds are a fraction of the federal ones. The Delaware Department of Natural Resources and Environmental Control (DNREC) lists hazardous chemicals as potentially reportable at 55 gallons or 500 pounds, and you file through DNREC's online Tier II Manager by March 1. It goes to your State Emergency Response Commission (SERC), your Local Emergency Planning Committee (LEPC), and your local fire department. In Delaware one filing in DNREC's Tier II Manager satisfies the SERC, LEPC and fire department requirements. The hardest part is compiling an accurate inventory with quantities — which is exactly what SDSentry ($24 per location per month) keeps current for you year-round. Here is how Tier II works in Delaware.

Free, no signup: the SDS binder builder at sdsentry.0xpi.com/sds-binder.html turns a pasted list of the products you keep on site into one printable index of their current safety data sheets.

What Tier II is (and isn't)

Tier II is the annual chemical-inventory report required under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA). Its purpose is to tell fire departments and emergency planners what hazardous chemicals are stored at your facility, in what quantities, and where, so responders know what they are walking into. It is a separate obligation from OSHA Hazard Communication — the same chemicals on your shelves, but a different law and a different audience. Meeting your HazCom duties does not satisfy Tier II, and vice versa.

Who has to file in Delaware

DNREC: “If at any time during the year the amount of a chemical you have at your facility meets or exceeds the following threshold amounts, the chemical may be reportable:”

• Extremely Hazardous Substances: 55 gallons, 500 pounds, or the Threshold Planning Quantity, whichever is lower.
• Hazardous Chemicals: 55 gallons or 500 pounds, whichever is lower.

Compare that with the federal 10,000 pounds: a couple of drums of a product that needs a safety data sheet can make a Delaware facility a reporter. DNREC adds that “There are some substances for which a higher threshold may apply,” and to contact the Delaware EPCRA Reporting Program about those.

Where Delaware facilities submit

EPCRA sends every Tier II report to three places: your State Emergency Response Commission (SERC), your Local Emergency Planning Committee (LEPC), and your local fire department.

Delaware passed its own Emergency Planning and Community Right-to-Know Act in 1991, and “notifications to the Delaware SERC are fulfilled by notifying the Department of Natural Resources and Environmental Control (DNREC).” Tier II reports and safety data sheets go online through DNREC's Tier II Manager system.

Delaware makes the local copies easy: “Federal EPCRA regulations require that the Hazardous Chemical Inventory and the Safety Data Sheet reports be sent to the SERC, to the LEPC and to the local fire department; however, in Delaware by submitting the report through the online Tier II Manager TM System, you fulfill your reporting requirements under both state and federal law.” Separately, Delaware's own release-reporting regulation (7 DE Admin. Code 1203) has lists and reportable quantities that differ from EPCRA Section 304. Start from DNREC's EPCRA reporting requirements page.

State systems and instructions can change year to year, so confirm current details with the Delaware EPCRA Reporting Program (DNREC) before you file.

The deadline

DNREC: “Tier II Hazardous Chemical Inventory reports are due annually by March 1 covering activities at the facility during the previous calendar year.”

Are there Delaware state fees?

Possibly. DNREC: “Facilities submitting Hazardous Chemical Inventory forms may be subject to an annual fee based upon the number and type of substances reported. There are exemptions from reporting fees for certain substances and facilities.” Fees can be paid online in Tier II Manager or by mailed check, and “There are no fees required for Safety Data Sheet reporting.” We could not find the current fee schedule on an official page, so confirm the amount with DNREC.

What to have ready before you file

The report itself is mostly a structured list. What slows people down is assembling accurate underlying data. Before you start, have on hand:

• A complete chemical inventory for the location, with the product name and chemical identity for each item.
• The maximum quantity on site during the year and the average daily quantity, with units.
• Storage details — container type, pressure, temperature, and the specific location or building.
• Hazard information from each product's safety data sheet.
• Facility identifiers, emergency contacts, and (where required) latitude and longitude.

If you keep a current SDS library and a per-location inventory with quantities throughout the year, the February scramble largely disappears. See our guide on building a chemical inventory from scratch for a starting point.

How SDSentry helps

SDSentry tracks quantity and unit per item in your per-location inventory, flags items over a threshold you set, and exports an EPCRA Tier II CSV so your preparer is not rebuilding the inventory by hand each February. It keeps a current SDS on file for every product, which is where most of the hazard and storage details on the report come from. It will not submit the report for you — you still file through DNREC's Tier II Manager — but it turns the worst part, compiling and maintaining the data, into a download. Pair it with our HazCom compliance checklist so your OSHA and EPCRA obligations stay covered at the same time.

Track inventory for Tier II — free trial

Educational information only, not legal or compliance advice. Tier II thresholds, deadlines, submission methods, and any state fees change, and Delaware's specific process is set by the state. Verify your obligations with the Delaware EPCRA Reporting Program (DNREC), and with EPA's EPCRA resources at epa.gov/epcra, before you file — and consult a qualified professional for your situation.