Indiana Tier II Reporting

In Indiana, any facility storing hazardous chemicals at or above certain thresholds must comply with Tier II reporting requirements. According to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), submitting a Tier II form is mandatory when handling such chemicals.  This form is used to notify state officials, local officials, and the general public about potential hazards

Understanding Indiana’s Tier II Reporting Requirements

Who Needs to Report?

Facilities must report if they store:

• At least 10,000 lbs of hazardous chemicals.
• At least 500 lbs  (or the threshold planning quantity, whichever is less) of extremely hazardous substances.

Retail fuel stations with underground storage tanks storing:

• At least 75,000 gallons or more of gasoline
• 100,000 gallons or more of diesel fuel (all grades combined)

Key Points:

• The reporting thresholds apply to the maximum quantity stored at a facility at any one time during the reporting year. 
• Chemicals with reporting exemptions do not need to be included, even if thresholds are met.
• Facilities below the reporting thresholds for all chemicals are exempt from submitting a Tier II report.

More information on reporting requirements in Indiana can be found here

Types of Facilities Subject to Tier II Reporting

Here are some examples of facilities and chemicals that would likely need to submit a Tier II report in Indiana:

Facilities:

• Manufacturing plants (e.g. chemical plants, oil refineries, plastics/resin manufacturers)
• Wastewater treatment plants
• Large farms/ranch operations
• Gas stations
• Automotive service shops
• Hospitals
• Universities with chemistry labs
• Food processing plants

Chemicals:

• Combustible liquids like gasoline, diesel, propane
• Industrial solvents and cleaning agents
• Acids like sulfuric acid, hydrochloric acid
• Pesticides
• Fertilizers
• Corrosive substances like sodium hydroxide, potassium hydroxide
• Other hazardous substances like formaldehyde, isocyanates

Indiana’s Electronic Tier II Reporting System (Tier II Manager™)

Overview of Tier II Manager™

Tier II Manager is an online hazmat reporting and emergency planning system used by the state of Indiana to collect and process annual Tier II reports from facilities. Tier II Manager is also a tool used by Indiana fire departments, emergency managers, and Local Emergency Planning Committees (LEPCs).

How to Submit a Tier II Report in Indiana

Here are the basic steps to submit a Tier II report using the online Tier II Manager reporting system:

• Gather the required information – This includes an inventory of all hazardous chemicals stored on-site above reporting threshold limits, along with basic facility identification information
• Create an account and log in or click “Register” to create an account for your facility
• Start a new Tier II report – Once logged in, click “Start New Report” to begin filling out the Tier II form with your facility and chemical inventory information
• Enter facility identification information – This includes name, address, Dun & Bradstreet number, etc.
• Add your chemical inventory – For each hazardous chemical on your site that was above its reporting threshold, enter the amount, location, storage types, etc.
• Enter contact information – Provide contact details for your facility’s Tier II coordinator, owner, and operator
• Review and verify report – Double check all entered information is correct before submitting
• Certify and submit – Digitally sign and officially submit the completed Tier II report to state and local officials
• Pay fees – Indiana requires a fee payment along with the Tier II report submission. Follow the prompts to pay any required fees. The amount will be calculated automatically.
• Print final copy – Download or print a final copy of the certified Tier II report for your records

Key Points

For facilities that do not qualify for fee exemptions, Indiana fees are dependent on the maximum amount of any single chemical at the facility and can range from $50 to $200.

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Indiana, the Tier II reporting deadline is March 1 each year, covering information on hazardous chemicals present at the facility during the previous calendar year.

Additional Reporting Requirements

In Indiana, there may be additional Tier II chemical inventory reporting requirements beyond just the annual report:

• Initial Notification: Facilities must submit a notification within 90 days after they first exceed reporting thresholds for any hazardous chemicals on site. The thresholds for this notification are the same as the Tier II thresholds. This is also referred to as a Section 311 notification.
• Emergency Planning Notification: Facilities must submit a notification within 60 days after they bring an Extremely Hazardous Substance on-site in a quantity that exceeds its Threshold Planning Quantity. This is also referred to as a Section 302 notification

Tips for Effective Tier II Reporting

Maintain Accurate Inventory Records

Starting early in collecting compliance data will help with making sure all the data is accurate and ready to go when the March 1st deadline comes around. A good rule of thumb is to have data ready to review the first week of January.

Understand State-Specific Reporting Requirements

In Indiana, the State Emergency Response Commission (SERC) submits Tier II forms to LEPCs and the fire departments, so no additional submissions are necessary

Keep Copies of All Submitted Reports

For your records download or print a copy of the certified Tier II report from the Tier II Manager website.

Common Mistakes in Tier II Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Substances

It’s important to look at all chemicals across your equipment, departments, and processes. You also need to aggregate extremely hazardous substances that may exist at your facility in different forms and containers prior to evaluating it against the reporting threshold. For example, sulfuric acid, an Extremely Hazardous Substance, could be stored in a drum; if you have lead-acid batteries, you would need to take into account the sulfuric acid in the lead-acid batteries and add those amounts prior to comparing it to the sulfuric acid reporting threshold

Misclassifying Substances

Be sure to check the EPA list of lists to double check if chemicals stored at your facility are or contain an extremely hazardous substance (EHS).

Failing to Keep Up-To-Date with Changes in Regulations

Even if individual requirements don’t change every year, facilities are obligated to comply with the reporting rules of the state, the LEPC, and the local fire department, and should stay informed about all three.

Key Points

• Submit Tier II reports on time by the March 1 deadline.
• Ensure all hazardous chemicals above reporting thresholds are included.
• Completely omitting chemicals or the full report leads to the highest fines.
• Even small errors like one chemical can still incur sizable penalties.
• Follow EPCRA closely to avoid violations and protect your business finances.

Penalties for Non-Compliance with Tier II Reporting in Indiana

Potential Fines and Legal Consequences

Penalties are assessed based on the nature, extent, gravity, and circumstances of the violation for example:

• Civil penalties of up to $25,000 per violation per day can be issued under the state’s Right-To-Know law.
• Criminal fines of up to $25,000 and up to 1-year imprisonment can be charged for willful violations.
• Injunctions may be granted requiring compliance and prohibiting further violation.
• Non-compliant facilities can be legally liable for chemical release response costs.
• Failure to report could impact insurance coverage and occupational safety liability in the event of a chemical incident.
• Facilities may be prohibited from conducting business with the state government if not compliant with Right-To-Know laws.

Impact on Community Safety and Emergency Preparedness

Here are some potential examples of how failing to accurately report hazardous chemicals on Tier II inventory forms can impact community safety and emergency preparedness in Indiana:

• Power Plant Explosion in Richmond: An explosion occurs at a coal-fired power plant that failed to disclose its ammonia stocks in its Tier II report. First responders, unaware of the ammonia on-site, are unprepared for the chemical hazards, leading to injuries and increased risk during emergency operations.
• Pesticide Plant Fire in Anderson: A fire breaks out at an agricultural chemical facility that did not submit a Tier II report. Firefighters lack crucial information about the pesticides stored on-site, resulting in chemical exposures and potential long-term health effects for the responders.
• Chemical Warehouse Damage in Evansville: A warehouse storing undisclosed industrial chemicals is damaged during a tornado. Insufficient data due to missing Tier II filings hampers emergency response efforts and limits protections for the public downwind of potential hazardous releases.