State sheet · DE
Tier II reporting requirements in Delaware
- Deadline
- 1 March, yearly
- Takes our file
- No
- Own thresholds
- Yes — see below
- Fee
- $60 a chemical
- Filing route read
- 2026-09-11
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How Delaware takes it
Delaware requires Tier II Manager. We have not found anything from the state saying it imports an EPA Tier2 Submit file, so plan on typing from our worksheet.
This state does not take the file. Our answer works as the worksheet you type from, with the rule behind every number.
The filing is due 1 March each year and covers the calendar year before it. Delaware passes it on for you — one submission covers all three. Worth a call to your county, though: a few run their own list on top.
Before you send it — what else Delaware asks for
A site plot plan has to go with the report — Delaware asks for it outright, and the file we build does not contain a drawing; you make that yourself. Delaware charges by what you report — the fee rises with the number and type of chemicals, capped at $5,000 per facility per year, and it funds the state’s four local emergency planning committees. You can pay inside Tier II Manager when you file.
Does Delaware set its own limits?
Delaware sets the threshold itself lower than the federal one. That changes the answer for a smaller facility.
Delaware sets its own, much lower thresholds in state law. A hazardous chemical counts once you have 55 gallons or 500 pounds of it, whichever you reach first — not 10,000 pounds. An extremely hazardous substance counts at 55 gallons, 500 pounds or its planning quantity, whichever is lowest. Fuel used only to heat your buildings stays at 10,000 pounds. The federal allowance for retail gas stations is not in the Delaware law.
The words we read
Delaware Code, Title 16, Chapter 63 (delcode.delaware.gov/title16/c063), read in full 2026-10-12. § 6306(a): the owner or operator of a facility that must have a safety data sheet for a hazardous chemical “shall prepare and submit an emergency and hazardous chemical inventory form … for each such chemical present at the facility in an amount which equals or exceeds the threshold quantities established under subsection (d)”. § 6306(d): “(1) For substances identified as hazardous chemicals, except as provided in paragraphs (d)(2) and (3) of this section, the threshold shall be 55 gallons or 500 pounds, whichever is lower. (2) For substances included in the list of extremely hazardous substances under § 6303 of this title, the threshold shall be 55 gallons, 500 pounds or the threshold planning quantity, whichever is lower. (3) For a substance used solely for the purpose of heating a building or buildings at a facility, the threshold for that substance at that facility shall be 10,000 pounds.” § 6306(c): the form is due “on or before March 1 annually”. § 6306(b): filing with the Department “shall serve as submission to the appropriate local emergency planning committee, the State Emergency Response Commission and the fire department”.
16 Del. C. § 6306, as amended by 81 Del. Laws c. 156 (read 2026-10-12)
Where we read this
- Delaware DNREC, Community Right-to-Know online reporting pages and the Tier II Manager instructions (dnrec.delaware.gov/waste-hazardous/emergency-response/community-right-to-know, read 2026-09-06): Tier II reports “are due by March 1 each year covering chemicals used or stored during the previous calendar year”; “Delaware facilities submit their annual Tier II reports … online using the Tier II Manager system”, which “also offers the option to pay fees on-line”. On fees: they are “based upon the number of substances reported”, “based on the number and type of chemicals reported on annual reports, with a cap of $5,000 per facility per year”, and are “mandated for use in supporting activities of the Local Emergency Planning Committees”. On who sends the local copies, read directly on 2026-09-11: “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™ System, you fulfill your reporting requirements under both state and federal law.” The same page says what else goes in: “Site plot plans must be provided as well.”Checked 2026-09-11
- Delaware Code, Title 16, Chapter 63 (delcode.delaware.gov/title16/c063), read in full 2026-10-12. § 6306(a): the owner or operator of a facility that must have a safety data sheet for a hazardous chemical “shall prepare and submit an emergency and hazardous chemical inventory form … for each such chemical present at the facility in an amount which equals or exceeds the threshold quantities established under subsection (d)”. § 6306(d): “(1) For substances identified as hazardous chemicals, except as provided in paragraphs (d)(2) and (3) of this section, the threshold shall be 55 gallons or 500 pounds, whichever is lower. (2) For substances included in the list of extremely hazardous substances under § 6303 of this title, the threshold shall be 55 gallons, 500 pounds or the threshold planning quantity, whichever is lower. (3) For a substance used solely for the purpose of heating a building or buildings at a facility, the threshold for that substance at that facility shall be 10,000 pounds.” § 6306(c): the form is due “on or before March 1 annually”. § 6306(b): filing with the Department “shall serve as submission to the appropriate local emergency planning committee, the State Emergency Response Commission and the fire department”.The state’s own code · 16 Del. C. § 6306, as amended by 81 Del. Laws c. 156 (read 2026-10-12)
- Delaware’s own Tier II pageWe can be right today and the state can change tomorrow. This link does not go stale.
If something here is wrong, the checker has a way to tell us on every answer screen. We would rather be corrected than confident.
Find out whether you have to file
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