Kansas Tier II Reporting

In Kansas, 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 Kansas’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 Kansas can be found here.

Types of Facilities Subject to Tier II Reporting

Here are some examples of facilities and chemicals that would require submitting a Tier II report in Kansas:

• Gas stations – petroleum products like gasoline, diesel, kerosene
• Chemical manufacturers – toxic chemicals like ammonia, chlorine, sulfuric acid
• Farms – ammonium nitrate, pesticides
• Wastewater treatment plants – chlorine, sodium hydroxide
• Oil refineries – crude oil, propane, benzene
• Food processors – ammonia used in refrigeration
• Hospitals – waste solvents, formaldehyde, infectious materials
• Battery manufacturers – sulfuric acid, lead
• Plastics manufacturers – styrene, polyethylene
• Paint facilities – xylene, methyl ethyl ketone
• Metal fabricators – acids, chromium, nickel
• Grain elevators – ammonium nitrate, phosphorus
• Beverage companies – ammonia, ethanol

Key Points

The key is any facility with over-threshold quantities of hazardous chemicals like flammables, explosives, toxins, or reactives in storage tanks would need to submit a Tier II form.

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

Kansas’s Electronic Tier II Reporting System (Kansas Tier II form web-based)

Overview of the Kansas Tier II form

In Kansas, Tier II reports must be submitted online via Kansas’ web-based reporting system.

How to Submit a Tier II Report in Kansas 

Here are the basic steps to submit a Tier II report online in KDEM using Tier2Submit Software:

• Go to the Kansas Division of Emergency Management (KDEM) website and access the Tier2 Submit link.
• Create an account if you are a new user or login with existing credentials.
• Select the correct reporting year in the drop down
• Locate the facility from the list, click ‘Update Facility’ and complete all sections of the online form:
• General facility information
• Facility contacts
• Chemical inventory
• Maps and additional attachments
• For the chemical inventory, enter the chemical name, CAS number, types and number of containers, and storage locations.
• You can save your progress and come back to complete the form.
• When done, go through the final screens to validate the data.
• Confirm the certification statement is accurate.
• Select the payment option and submit a credit card payment.
• Print or save a copy of the report and receipt for your records.

Key Points

• A copy of the report must be sent to the LEPC and Fire Department.
• The cost to submit a Tier II report in Kansas depends on the total reported amounts of both Extremely Hazardous Substances (EHS) and Other Hazardous Chemicals. The fee for EHS ranges from $25 for 1-9,999 total pounds to $150 for greater than 1,000,000 total pounds. The fee for Other Hazardous Chemicals ranges from $25 for 10,000-99,999 total pounds to $300 for greater than 10,000,000 total pounds.
• Payment can be made via credit card or check.

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Kansas, 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 addition to the standard annual Tier II reporting requirements in Kansas, 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. 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

Unlike many other states, Kansas has a state-specific reporting system. Reports must be sent separately to the LEPC and the Fire Department. Use this website to find your LEPC’s contact information.

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 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 Kansas

Potential Fines and Legal Consequences

Here are some potential legal consequences for failure to comply with Tier II reporting requirements in Kansas:

• Civil Penalties: Kansas civil penalties are up to $25,000 per violation per day, mirroring the federal limit.
• Criminal Penalties: Criminal penalties for EPCRA violations in Kansas can result in fines of up to $50,000 and/or 5 years imprisonment.
• Citizen Lawsuits: Citizens can sue facilities for failure to report hazardous chemicals under EPCRA Section 326. This may seek to force compliance and cover litigation costs.
• Increased Insurance Rates: Insurers may increase premiums if they determine non-compliance increases risk.
• Permit Actions: Violations can impact the ability to obtain environmental permits or lead to revocation of existing permits.
• Future Business Prospects: Non-compliance may damage reputation and ability to secure financing.
• Litigation Risk: Lack of reporting could increase liability in an emergency situation or chemical release.

Impact on Community Safety and Emergency Preparedness

Here are some potential scenarios demonstrating how failing to file accurate Tier II hazardous chemical inventory reports can impact community safety and emergency response in Kansas:

• Chemical Plant Explosion in El Dorado: A chemical manufacturing facility in El Dorado experiences an explosion due to a reaction involving improperly stored chemicals. The company had failed to disclose accurate chemical inventories in its Tier II report, hampering emergency response efforts and putting first responders at risk due to unknown hazards.
• Tornado Damage to a Chemical Facility in Andover: An EF5 tornado strikes Andover, severely damaging a chemical storage facility that had incomplete Tier II data. Firefighters and emergency personnel, unaware of the hazardous materials on-site, are exposed to toxic substances while conducting search and rescue operations, leading to health issues among responders.
• Anhydrous Ammonia Leak in Hutchinson: A fire breaks out at an agricultural supply company in Hutchinson that stores large quantities of anhydrous ammonia. The facility had not reported these chemicals in its Tier II filings. Firefighters, unprepared for the presence of ammonia tanks, face an increased risk of exposure, and nearby residents are not promptly evacuated due to the lack of information.
• Warehouse Fire Involving Hazardous Materials in Coffeyville: A warehouse in Coffeyville storing various hazardous chemicals experiences a fire. The company failed to submit a Tier II report detailing the ammonia and other hazardous substances on-site. First responders lack key data, delaying evacuation orders and appropriate containment measures, which compromises public safety.