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Tier II Reporting

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 Mid-America LEPC and the local fire department. In Kansas, forms are submitted to the Kansas Department of Health and Environment and the county emergency management office; counties are responsible for forwarding the forms to the Mid-America LEPC. (See reporting flow chart.)

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.

For more information, including sample forms and instructions, visit the MERC website (Missouri), the KDHE website (Kansas) or contact Rob Cole, 816-701-8293.

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

For facilities in Missouri

Missouri Tier II information is available online here.

Only the Missouri Tier Two form is approved for EPCRA reporting in Missouri. Missouri reports must be submitted to the Missouri Emergency Response Commission; to the Local Emergency Planning Committee (facilities in Cass, Clay, Jackson, Platte and Ray counties e-mail signed copies to Erin Lynch); and the fire department/district with jurisdiction for the facility.

For an additional fee, the Missouri Emergency Response Commission will distribute the Tier Two Report to the LEPC and fire department on the facilities behalf.

For facilities in Kansas

Kansas Tier II report information is available online here.

Kansas reports must be submitted to the Kansas Department of Health & Environment, the county emergency management office (constitutes notice to the LEPC) and the fire department/district with jurisdiction for thefacility.

For Johnson County Emergency Management, email copies to TierII@jocogov.org or mail to Johnson County Emergency Management, 111 S. Cherry Street, Suite 100, Olathe KS 66061.

For Wyandotte County Emergency Management, email copies to tier2@wycokck.org or mail to Wyandotte County Emergency Management, 701 N. 7th Street, Room B020, Kansas City, KS 66101.

For Leavenworth County Emergency Management, email copies to eoc@leavenworthcounty.org or mail to Leavenworth County Courthouse, Attn: Emergency Management, 300 Walnut, Leavenworth, KS 66048.

Excerpts from the LEPC Regional Hazardous Materials Emergency Preparedness Plan regarding Tier II reporting:

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.

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 fire department, the Mid-America 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.