Tier II Reports Due Emergency and Hazardous Chemical Inventory Forms

Tier II Reports Due

Facilities covered by The Emergency Planning and Community Right to Know Act (EPCRA) must submit emergency and hazardous chemical inventory forms known as Tier II forms each year. In Missouri, forms are submitted to the Missouri Emergency Response Commission (MERC), the County LEPC or multi-county LEPD, and the local fire department

Tier II Reports require basic facility identification information, employee contact information for both emergencies and non-emergencies, and information about chemicals stored or used at the facility.

Missouri TIER II reports are typically due by March 1 for facilities required to report information for the previous calendar year.

Who must submit this form?

The owner or operator of a facility where hazardous chemicals are used, produced or stored must submit a Tier II Form if the quantity of hazardous chemicals on hand exceeds specific thresholds.

If you are a family farm and have an Extremely Hazardous Substance or a Hazardous Material of reportable quantities you are required to file but you would not have to pay the filing fees. If your farm resells any produce that is an Extremely Hazardous Substance or a Hazardous Material. You would then need to pay the filing fee.

What chemicals must be reported?

  • Any substance for which a facility must keep a material safety data sheet (MSDS) under OSHA’s Hazard Communication Standard is classified as a “hazardous chemical.” Any hazardous chemical that a facility has on hand in a quantity of more than 10,000 pounds at any one time during the calendar year must be reported. A partial list of hazardous chemicals may be found at www.epa.gov/ceppo/caalist.html.
  • Extremely Hazardous Substances (EHS) as specified in 40 CFR Part 355 must be reported on the Tier II form if a facility has on hand, at any one time during the calendar year, more than 500 pounds or the threshold planning quantity (TPQ), whichever is lower. To obtain a list of extremely hazardous substances, visit www.epa.gov/ceppo/pubs/title3.pdf.
  • Under Missouri law, explosives and blasting agents in excess of 100 pounds must be reported to the fire department within 24 hours of being present at a facility. If storage is longer than 15 days, these substances must be reported to the local fire department, County LEPC, and the Missouri Emergency Response Commission using the Missouri Tier II form.

What chemicals are excluded?

Section 311(e) of Title III EPCRA excludes the following substances:

  • Any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration.
  • Any substance present as a solid in a manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
  • Any substance to the extent it is used for personal, family or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.
  • Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.
  • Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer. (This exclusion does not apply to the one-time reporting of extremely hazardous substances under Section 302 of EPCRA.)

When to submit the Tier II report:

Owners or operators of facilities that have hazardous chemicals on hand in quantities equal to or greater than set threshold levels must submit Missouri Tier II forms by March 1 of each year. The information required must be reported within 60 days of a new extremely hazardous substance being present at the facility at or above the threshold planning quantity (TPQ) (11 CSR40-4.040 (1)). If any new hazardous chemical or extremely hazardous substance comes onto the site in a quantity sufficient to require reporting, an updated Tier II form must be provided within three months (11 CSR40-4.040 (1)(D)(2)).

Penalties:

Any owner or operator who violates any Tier II reporting requirements shall be liable to the United States for civil penalty of up to $27,500 per day for each such violation. Each day a violation continues shall constitute a separate violation. Under Missouri law, there is also a penalty of up to $5,000 per day for failure to provide the type of information required on the Missouri Tier II form.

For more information, including sample forms and instructions, visit the MERC website, https://sema.dps.mo.gov/about/merc.php 

Copies of Tier II’s for facilities in Bates County should be sent to:

BATES COUNTY LEPC

103 W. Dakota St.

Butler, Missouri 64730

Copies also need to be sent to the local Fire Department.

Questions about Tier II’s can be addressed by contacting the Bates County LEPC at 660-200-2034 or by email at batescountylepc@gmail.com

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