Illinois Tier II Reporting

Tier Ⅱ reporting in Illinois is required for any facility that stores hazardous chemicals that meet or exceed chemical thresholds. Under Section 312 of the Emergency Planning and Community Right to Know Act of 1986 (EPCRA), submission of a Tier Ⅱ form is required when working with hazardous chemicals. This form, known as the Emergency and Hazardous Chemical Inventory Forms, is used to notify state officials, local officials, and the general public regarding potential hazards.

Understanding Illinois 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 about reporting requirements in Illinois can be found here.

Types of Facilities Subject to Tier II Reporting

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

• Chemical manufacturers – Facilities that manufacture hazardous chemicals like acids, pesticides, explosives, etc. would need to report the chemicals they have on site.
• Fuel terminals – Petroleum and coal terminals that store large quantities of flammable fuels like gasoline, diesel, propane, etc. would need to report those inventories.
• Water treatment plants – Facilities that use potentially hazardous chemicals like chlorine, ammonia, and sulfur dioxide to treat drinking water would need to report.
• Refineries – Oil refineries use and produce several hazardous chemicals and would need to submit a Tier II report on their chemical inventories.
• Power plants – Coal and natural gas power plants use ammonia, chlorine, and other chemicals for their operations and would need to report.
• Wastewater treatment plants – These facilities use chlorine, sulfur dioxide, and other hazardous chemicals in waste treatment and would need to report on those chemicals.
• Major chemical users – Any facility that maintains large quantities of hazardous chemicals on-site for use in industrial processes would likely need to submit a Tier II report. This includes manufacturers, mining facilities, mills, etc.

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

Overview of Tier II Manager™

The Illinois Emergency Management Agency (IEMA) requires all regulated facilities to submit Tier II information electronically by using Tier II Manager™, IEM’s online filing system. Each facility’s username is unique to its physical address.

How to Submit a Tier II Report in Illinois

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
• Print final copy – Download or print a final copy of the certified Tier II report for your records

Key Points

• Print out hard copies, sign the bottom of page 1, and submit the report, as well as new or updated site plans, and SDSs, to your LEPC and local fire department. Some LEPCs and fire departments may accept email submissions.
• DO NOT submit hard copies to IEMA as they will NOT be accepted and shredded if received. 
• There are no filing fees in Illinois.

Need help sorting out tricky thresholds, exemptions, or submitting reports for sites or facilities in Illinois? Learn more here about how you can partner with Encamp to save you and your team time and hassle this reporting year.

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Illinois, 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 Illinois, 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 Illinois, the formats for submitting a Tier II report to IEMA, LEPCs, and fire departments differ:

• IEMA as the State Emergency Response Commission (SERC), electronically via Tier II Manager™, IEMA’s online reporting system
• The appropriate local emergency planning committee (LEPC), via printed hard copy or emailed .pdf from Tier II Manager™ or email
• The fire department with jurisdiction over the facility, via printed hard copy from Tier II Manager™ 
• Facilities within the city limits of Chicago fulfill their LEPC notification obligation by submitting a report to the CP3 portal

Keep Copies of All Submitted Reports

Print and save a hard copy of the Tier II report for your records.

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 (https://encamp.com/ebooks/lead-acid-battery-ebook/)

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 Illinois

Potential Fines and Legal Consequences

Failing to submit a Tier II hazardous chemical inventory report in Illinois can result in significant fines and legal consequences:

• Civil Penalties: Per Chapter 415 of Illinois Compiled Statutes Section 42, Illinois civil penalties are up to $25,000 per violation per day.
• Criminal Penalties: Criminal penalties for EPCRA violations in Illinois can result in fines of up to $50,000 and/or 3 years imprisonment.
• Legal action – Facilities that ignore Tier II reporting requirements may face legal action by the Illinois Emergency Management Agency (IEMA), including court orders and injunctions to compel reporting.
• Restricted permits – The IEMA can initiate action to restrict permits or limit operations until Tier II reports are submitted. This could lead to a partial or complete shutdown of a non-compliant facility.
• Increased inspections – Lack of reporting may prompt more rigorous inspections from agencies like OSHA, EPA, and local fire departments. Failure to provide inspectors with chemical inventory information can lead to additional fines.
• Exclusion from state contracts – Illinois may prohibit non-compliant facilities from bidding on or participating in state projects and contracts.
• Damage claims – Failure to report could weaken a company’s defense in the event of a chemical release suit or damage claim since up-to-date inventory information was not provided to planners.

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 Illinois:

• Ethylene Oxide Concerns in Willowbrook: A medical equipment sterilization facility uses ethylene oxide, a toxic chemical, but fails to adequately report its usage in Tier II filings. Local responders are unaware of the extreme toxicity, putting them at risk during emergency calls. Nearby residents lack crucial information about potential health hazards, leading to community health concerns.
• Plastics Facility Fire in Pekin: A fire breaks out at a plastics manufacturing plant, producing a large hazardous smoke plume over neighboring areas. The company had not submitted a Tier II report detailing its chemical stocks, hindering public alerts and delaying protective actions for residents.
• Ammonia Leak in Mattoon: An ammonia leak occurs at a food processing plant that did not report the large amounts of ammonia stored on-site in its Tier II filing. First responders, unaware of the significant hazard, are unprepared for the risks, which delays containment efforts and endangers both emergency personnel and the community.