Tier II Chemical Reporting in North Dakota: Who Files & How
Short answer: if your North Dakota facility stores a hazardous chemical at or above its EPCRA reporting threshold — generally 10,000 pounds, or as low as 500 pounds for an Extremely Hazardous Substance — you must file an annual Tier II chemical-inventory report by March 1, covering the prior calendar year. It goes to your State Emergency Response Commission (SERC), your Local Emergency Planning Committee (LEPC), and your local fire department. In North Dakota you report to the Division of Homeland Security and Emergency Management, the state repository, and pay a per-chemical fee capped at $950 per facility. 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 North Dakota.
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 North Dakota
The trigger is federal and applies the same way in North Dakota as everywhere else. You must file Tier II if any hazardous chemical for which you are required to keep a safety data sheet is present at your facility at or above its reporting threshold at any point during the year:
- 10,000 lbs for most hazardous chemicals (those that require an SDS).
- 500 lbs — or the chemical's Threshold Planning Quantity, whichever is lower — for Extremely Hazardous Substances (EHSs) on EPA's list.
Quantities are based on the maximum amount present at any one time, aggregated across the facility. A small clinic or shelter often stays under these limits, but bulk propane or diesel tanks, stored fuel, pool and spa chemicals, fertilizer, or a large supply of a single disinfectant can push you over — and EHS thresholds are low enough that a modest amount of the wrong chemical can trigger a report.
Where North Dakota 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.
Under North Dakota Century Code 37-17.1-07.1, facilities “shall submit those reports to the North Dakota division of homeland security and emergency management … which shall establish and maintain the state repository for these reports.” The North Dakota Department of Emergency Services links the online ND Tier II Reporting System from its hazardous chemicals program page, and the law adds: “The federal requirements must be used for completing the tier II form, including the threshold amounts.”
The State Emergency Response Commission's listed duties include to “Ensure LEPCs receive and record documented reports submitted under the Emergency Planning and Community Right-to-Know Act,” but we found no official North Dakota statement on whether you must also send your own copies to the LEPC and fire department. Ask them. Start from NDDES's hazardous chemicals preparedness and response page.
State systems and instructions can change year to year, so confirm current details with the North Dakota Department of Emergency Services before you file.
The deadline
NDCC 37-17.1-07.1: the annual hazardous chemicals fee “must be paid by March first of each year,” the same date as the federal Tier II deadline for the report.
Are there North Dakota state fees?
Yes. NDCC 37-17.1-07.1 requires “an annual hazardous chemicals fee,” levied “on a per chemical basis” for each chemical listed on the Tier II form, with “The maximum fee for a facility under this section is nine hundred fifty dollars.” The per-chemical amount is set by the division director and was not published on the pages we could read. Family farm enterprises not in the retail or wholesale chemical business and state or local government facilities are exempt from the fee (though exempt facilities that file late can owe a late fee). Half of the fees go to county LEPC accounts, and “The state hazardous chemicals fee system does not supersede a city fee system for hazardous chemicals,” so your city may charge too.
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 the ND Tier II Reporting System — 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
Frequently asked questions
Who do I send my Tier II report to in North Dakota?
Submit your Tier II report to the North Dakota Division of Homeland Security and Emergency Management, the state repository, through the ND Tier II Reporting System. The SERC's duties include ensuring LEPCs receive reports, but the state's pages do not say whether you must also send your own copies, so ask your LEPC and fire department.
When is the Tier II deadline in North Dakota?
March 1 each year; North Dakota law also sets March 1 as the due date for the annual hazardous chemicals fee.
What are the Tier II reporting thresholds?
You report if a hazardous chemical that requires a safety data sheet is on site at or above 10,000 pounds at any time during the year, or at or above 500 pounds — or the Threshold Planning Quantity, whichever is lower — for an Extremely Hazardous Substance. Quantities are the maximum amount present at any one time.
Is there a North Dakota state fee for Tier II?
Yes. North Dakota charges an annual fee per chemical listed on the Tier II form, up to a maximum of $950 per facility, with exemptions for family farm enterprises and state or local government facilities. The per-chemical amount is set by the division director, and cities may have their own fees.