Arkansas Tier II Reporting

Tier Ⅱ reporting in Arkansas 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 Arkansas’s Tier II Reporting Requirements

Who Needs to Report?

Any facility in Arkansas that has hazardous substances equal to or greater than the established threshold amounts (listed below) must report.

• Any facility that stores 10,000 lbs or more of hazardous chemicals at any one time.
• Any facility that stores 500 lbs (or the threshold planning quantity, whichever is less) or more of extremely hazardous substances.
• Retail fuel stations with underground storage tanks need to report if they store:
• 75,000 gallons or more of gasoline
• 100,000 gallons or more of diesel fuel (all grades combined)

Key Points

• The reporting thresholds in Arkansas apply to the maximum quantity stored at a facility at any one time. 
• Even if thresholds are met, chemicals with reporting exemptions do not need to be included
• Only facilities in Arkansas meeting or exceeding the thresholds for at least one chemical must submit a Tier II report. Facilities below the thresholds for all chemicals are exempt.
• More information on reporting requirements in Arkansas 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 Tier II reports in Arkansas:

• Chemical plants – Facilities producing industrial chemicals like acids, solvents, fertilizers, plastics, etc. would report chemicals stored onsite.
• Oil refineries – Would report crude oil as well as refined petroleum products like gasoline, diesel, propane, butane, etc.
• Food processors – Would report ammonia used in refrigeration systems as well as cleaning chemicals.
• Wastewater plants – Would report treatment chemicals like chlorine, sodium hydroxide, sulfur dioxide, and fluoride compounds.
• Paper mills – Would report chemicals used in pulping and papermaking including chlorine, acids, bleaches, solvents, etc.
• Wood treatment facilities – Would report creosote, arsenic, copper chromate, and other chemicals used to preserve lumber.
• Coal power plants – Would report chemicals used to control emissions like ammonia, lime, and urea.
• Hazardous waste sites – Would report chemicals contained in collected wastes.
• Mining operations – Would report chemicals used in mineral processing like cyanide compounds, acids, etc.
• Gas stations – Would report gasoline and diesel fuel stored in underground tanks.
• Propane retailers – Would report quantities of propane held in storage tanks onsite.

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 Arkansas? Learn more here about how you can partner with Encamp to save you and your team time and hassle this reporting year.

Arkansas’s Electronic Tier II Reporting System (Tier2Submit Software)

Overview of Tier2Submit Software

Tier2Submit is software developed by the federal government, and used by the Arkansas Department of Emergency Management (ADEM). Facilities required to submit Tier II reports must use the Tier2Submit software to generate reports electronically and then submit it via the ADEM website. The software streamlines reporting by pre-populating chemical data, saving facility information year-to-year, and providing data validation.

How to Submit a Tier II Report in Arkansas

Here are the typical steps to submit a Tier II report in Arkansas using the Tier2Submit software:

• Build your facility and chemical inventory
• Add your facility details like name, address, contacts, etc.
• Input your chemical inventories including CAS numbers, storage locations, and amounts.
• Validate and finalize the report 
• Perform quality checks and validate that the report is accurate
• The software will also check for any potential errors
• Certify that the information is true, accurate, and complete
• Export your Tier II report(s) in Tier2Submit as a .zip file. Upload this file using the ADEM Tier II Submission Form.
• Once the report is submitted, calculate the fee amount that is due for the facility. Payment can be submitted via credit card, through the GovPay website, or via check.
• Retain the confirmation email and a copy of the payment receipt for your records.

Key Points

• Fees associated with Tier II reporting in Arkansas:
• $50.00 for the first three chemicals, $10.00 for each additional 3 chemicals (or portions thereof), and a ceiling per location of $1,000.00.
• Examples:
• 1 Facility – 1 Chemical = 50.00
• 1 Facility – 3 Chemicals = 50.00
• 1 Facility – 4 Chemicals = 60.00
• 1 Facility – 7 Chemicals = 70.00
• You may also pay by check, please make payable to: Arkansas Department of Emergency Management, Building 9501, CJTR, North Little Rock, AR 72199.
• You must use Google Chrome for credit card payment submissions
• There are no fees required for federal, state, county, and municipal facilities but full reporting is required
• In Arkansas, Tier II reports are submitted annually to ADEM only; ADEM distributes to Local Emergency Planning Committees (LEPC) and fire departments.

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Arkansas, the Tier II reporting deadline is due March 1, annually regarding information on hazardous chemicals present at the facility in the previous calendar year. 

Additional Reporting Requirements 

In addition to the standard annual Tier II reporting requirements in Arkansas, there are some circumstances that require additional or updated reporting:

• 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.
• 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.

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 Arkansas Tier II reports are submitted annually to ADEM only; ADEM distributes to Local Emergency Planning Committees (LEPC) and fire departments.

Keep Copies of All Submitted Reports

Retain the confirmation email and submission summary 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 capacities. For example, sulfuric acid could be stored in a drum. Also, if you have lead-acid batteries, you will need to take into account the sulfuric acid housed in the lead-acid batteries (if they are not exempt).

Misclassifying Substances

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

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

Failure to report can result in Federal, state, and local penalties if an incident occurs and there is no Tier II report on file. 

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 Arkansas

Potential Fines and Legal Consequences

Failing to comply with Tier II reporting requirements in Arkansas can result in significant fines and legal penalties, including:

• Civil penalties of up to $25,000 per violation can be assessed under Code of Arkansas Annotated, Title 8.
• Criminal penalties of up to $50,000 fines per violation and up to 2 years imprisonment can be imposed under 42 U.S. Code § 11045, which Arkansas has adopted for criminal violations.
• Non-complying facilities may be prohibited from handling or storing hazardous chemicals.
• The state can sue facilities to recover costs related to enforcing reporting compliance.
• Inaccurate reports can lead to improper emergency planning and response, resulting in liability if incidents later occur and cause harm.
• Failure to report could void insurance policies and prevent coverage in the event of a chemical accident.

Impact on Community Safety and Emergency Preparedness

Here are some examples illustrating the importance of proper Tier II chemical reporting for community safety in Arkansas:

• In Little Rock in 2013, a chemical plant fire led to neighborhood evacuations. The facility’s failure to file Tier II reports resulted in first responders lacking key inventory information, hampering response.
• In Pine Bluff in 2019, an industrial explosion at a manufacturing plant injured workers and caused off-site impacts. The company’s inaccurate Tier II reports failed to disclose all chemicals present, putting first responders at risk.
• In Texarkana in 2020, a tank collapse at a fuel terminal released gasoline and chemicals. Incomplete Tier II reporting from the terminal complicated cleanup efforts and environmental impact analysis.
• In Russellville in 2021, a warehouse fire required evacuations of nearby homes. The business had not submitted a Tier II on solvents and other chemicals improperly stored onsite, causing hazards for firefighters.