Michigan Tier II Reporting

In Michigan, 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 Michigan’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 about reporting requirements in Michigan can be found here.

Types of Facilities Subject to Tier II Reporting

Here are some examples of facilities that would likely need to submit annual Tier II reports in Michigan based on chemicals stored onsite:

• Auto repair shops – For gasoline, motor oil, antifreeze, and brake/transmission fluids exceeding thresholds.
• Manufacturing facilities – For chemicals like acids, solvents, paints, etc. exceeding thresholds.
• Farms – For fertilizers like ammonia, pesticides, and diesel fuel over thresholds.
• Wastewater treatment plants – For chlorine gas/hypochlorite used in disinfection over 100 lbs.
• Swimming pools – For chlorine gas/hypochlorite over 500 lbs.
• Hospitals – For anesthetic gasses, sterilization chemicals like ethylene oxide.
• Dry cleaners – For perchloroethylene used in cleaning processes.
• Chemical distributors – For all hazardous chemicals stored and distributed.
• Food processors – For anhydrous ammonia used in refrigeration over 10,000 lbs.

Key Points

Facilities in these industries would likely need to report common chemicals stored over Tier II thresholds like acids, flammable liquids, fuels, chlorine, and ammonia. 

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

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

Overview of Tier II Manager™

The Michigan Department of Environment, Great Lakes, and Energy (EGLE) requires all regulated facilities to submit Tier II information electronically by using the Tier II Manager™ online filing system.

How to Submit a Tier II Report in Michigan

Here are the steps to submit a Tier II hazardous chemical inventory report in Michigan using the Tier II Manager™ reporting system:

• Review your inventory from the previous year, calculate your inventory in pounds, and review requirements and compare thresholds.
• Log in to your Tier II Manager account and create or select the facility you would like to report for 
• Initiate a new report (update/annual/revision).
• Enter, edit, or review the facility report information.
• Submit the report. Be sure to save a copy of the final report for your records.

Key Points

• No hard copies are accepted by EGLE. Reports must be submitted through Tier II Manager.
• There are no state fees for Tier II reporting in Michigan.

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Michigan, 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 Michigan, 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 Michigan, the following counties retrieve reports from the Tier II Manager portal: Alpena, Antrim, Arenac, Benzie, Calhoun, Chippewa, Crawford, Eaton, Emmet, Genesee, Gogebic, Grand Traverse, Hillsdale, Ingham, Ionia, Iosco, Isabella, Kalamazoo, Kalkaska, Kent, Macomb, Mecosta, Midland, Monroe, Oakland, Oceana, Ogemaw, Oscoda, Otsego, Ottawa, Presque Isle, Van Buren, Washtenaw, Wayne

Facilities must manually mail reports to their LEPC in other counties.

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

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 Michigan

Potential Fines and Legal Consequences

Here are some potential penalties and consequences for facilities that fail to comply with EPCRA Tier II reporting requirements in Michigan:

• Civil Penalties: Michigan can assess fines of up to $25,000 per violation per day for failure to submit or inaccurate reporting. Each required element (chemical names, quantities, locations, etc.) counts as a violation.
• Criminal Penalties: It is a misdemeanor to willfully fail to submit Tier II reports or to knowingly submit false information. This can result in fines of up to $25,000 and/or up to 1 year in jail per violation.
• Increased Risk: Inaccurate reporting compromises emergency planning and response capabilities, putting first responders and the community at greater risk.
• Permit Actions: Failure to comply can impact environmental permits and the regulatory standing of a facility.
• Legal Liability: Facilities may be liable for any injuries or damages that result from inadequate reporting.
• Public Shaming: Non-compliance may be publicized on federal or state right-to-know non-compliance lists.
• Company Audit: The EPA or state regulators may audit a company’s entire EPCRA reporting compliance.

Impact on Community Safety and Emergency Preparedness

Here are some potential examples illustrating how failing to file proper Tier II hazardous chemical inventory reports can negatively impact community safety and emergency response in Michigan:

• Train Derailment Near Detroit: A freight train carrying hazardous chemicals derails near a suburban area outside Detroit. The company had not properly filed Tier II reports detailing the types and quantities of chemicals transported. Emergency responders, unaware of the specific hazards, face challenges in containing spills and protecting nearby residents, leading to delayed evacuations and increased health risks.
• Pipeline Spill into the Kalamazoo River: A pipeline rupture releases crude oil into the Kalamazoo River. Due to inadequate reporting and transparency about the pipeline’s contents, emergency response efforts are hampered. Cleanup crews lack crucial information about the oil’s composition, prolonging environmental damage and impacting wildlife and local communities.
• Chemical Leak During a Public Event in Grand Rapids: During a large public event, a nearby industrial facility experiences a gas leak but has incomplete Tier II information on file. First responders are delayed in identifying the leaked substance and implementing appropriate safety measures, causing confusion and risking public health.
• Storage Tank Explosion in Saginaw: A storage tank at an oil field explodes, injuring a worker. The facility had failed to file a Tier II report detailing the tank’s contents. Emergency teams, unaware of the specific chemicals involved, are at greater risk during response efforts, and containment of the incident is delayed.
• Chemical Warehouse Fire in Ann Arbor: A fire breaks out at a large chemical storage warehouse. Due to inaccurate Tier II records on stored chemicals, the scope of the hazard is not immediately clear to firefighters. This lack of information hinders effective firefighting strategies and necessitates broader evacuations to protect the public.