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, 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 [email protected]
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