Indiana Tier II Reporting

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

Who Needs to Report?

Any facility in Indiana 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 Indiana 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 Indiana 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 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 due March 1, annually regarding information on hazardous chemicals present at the facility in 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.
• 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 Indiana, the State Emergency Response Commission (SERC) submits Tier II forms to LEPCs and the fire departments.

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 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 changes in reportable substances in a timely manner can result in fines and penalties.

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 examples of incidents in Indiana where failure to properly file a Tier II hazardous chemical inventory report impacted community safety and emergency response:

• Richmond Power Plant – In 2009, an explosion at a coal power plant injured several workers. The facility had not disclosed its ammonia stocks on a Tier II report, limiting first responder awareness and preparedness.
• Anderson Pesticide Plant Fire – In 1999 a fire broke out at an agricultural chemical facility that had not submitted a Tier II report. Firefighters lacked crucial inventory data, leading to chemical exposures and long-term health effects.
• Richmond Chemical Warehouse – In 2007 a warehouse storing undisclosed industrial chemicals was damaged during a tornado. Insufficient data limited the emergency response and protections for the public downwind.