Louisiana Tier II Reporting
Tier Ⅱ reporting in Louisiana 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. Louisiana has threshold levels for chemicals that differ from those of federal thresholds.
Understanding Louisiana’s Tier II Reporting Requirements
Who Needs to Report?
Any facility in Louisiana that has hazardous substances equal to or greater than the established threshold amounts (listed below) must report.
- Any facility that stores 500 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.
- Louisiana thresholds for hazardous chemicals are lower than the federal thresholds
- For more information on Tier II reporting in Louisiana can be found here.
Types of Facilities Subject to Tier II Reporting
Here are some common examples of facilities and chemicals that would need to submit Tier II reports in Louisiana:
- Chemical plants – These facilities often have large quantities of hazardous chemicals like chlorine, ammonia, acetone, methanol, and toluene. Any chemical stored above threshold amounts would need reporting.
- Oil refineries – Crude oil and many petroleum products like gasoline, diesel, and lubricants contain chemicals reportable under Tier II. Hydrogen sulfide, propane, and butane are common chemicals.
- Plastics/resin manufacturers – Hazardous chemicals used include acetone, xylene, methanol, styrene, and vinyl chloride.
- Metal fabrication/coating facilities – Chemicals like paints, solvents, acids, and metal degreasers need reporting if thresholds are exceeded. Common ones are methanol, hydrochloric acid, and sodium hydroxide.
- Wastewater treatment plants – Chlorine, sodium hypochlorite, and ammonia are often used for disinfection and odor control and require reporting.
- Hospitals – Formaldehyde, xylene, glutaraldehyde, and waste anesthetic gases are common.
- Battery manufacturers – Sulfuric acid, lead compounds, and manganese compounds often require reporting.
Facilities in these industries would likely need to report common chemicals stored over Tier II thresholds like acids, flammable liquids, fuels, chlorine, and ammonia.
Louisiana’s Electronic Tier II Reporting System (Louisiana State Police Tier II Inventory Filling Website)
Overview of Louisiana State Police Tier II Inventory Filling Website
The Tier II filing website allows facilities in Louisiana to electronically submit their annual inventory report of hazardous chemicals stored on site over threshold quantities, as required by EPCRA regulations. Facilities must provide information on site identification, chemicals stored, hazards, amounts, storage locations, and contacts. After submitting the report online, users must print the invoice page and mail it with payment to the address provided. The report must be filed by March 1 each year for inventories from the previous calendar year.
How to Submit a Tier II Report in Louisiana
Here is a summary of the key steps for electronically filing Tier II reports in Louisiana:
- Go to the Louisiana State Police website and navigate to the Tier II Inventory Filing page.
- If filing for the first time, select “Obtain Web ID” to create a user account and get your login credentials emailed.
- Log in using your assigned User ID and Password.
- Click on the facility number for the correct reporting year.
- Check the “Ready for Filing” box and click “Edit” to begin entering/updating information.
- Enter or update information on the facility, chemicals, hazards, amounts, storage locations etc.
- Click “Save” after entering/updating any information.
- Go to the “Filing Worksheet” tab and complete the required questions.
- Select payment method – Check/Money Order or Credit Card.
- Enter contact information for the person filing the report.
- Print the Invoice page for your records.
- Submit payment by mailing a copy of the printed Invoice and payment check.
- Print and mail hard copies of the Tier II report to the local fire department and LEPC.
- Retain a copy of the Invoice for your records. The Invoice cannot be reproduced if you fail to print it.
- Tier II reports must be filed each year by March 1st for the previous year’s chemical inventory. Follow these steps annually.
- Contact the Louisiana State Police with any questions about the electronic filing process or requirements.
Louisiana State Police, Right-to-Know
P.O. Box 66168
Baton Rouge, LA 70896-6168 USA
- You must also send a copy of the Tier II report to the Louisiana Emergency Response Commission (LERC), LEPC, and the local fire department. A list of LEPCs can be found here.
|Number of Hazardous Materials Present at Facility
||Amount of Fees Charges
|1 to 25
|26 to 75
|76 to 100
- The maximum statewide filing fee is $2,000. If the number of employees company-wide is less than or equal to 9 and the annual gross receipts do not exceed two million dollars, then the filing fee is $25/facility.
Deadlines and Timelines for Tier II Reporting
Annual Reporting Deadline
In Louisiana, facilities must submit their Tier II reports on hazardous chemicals present during the previous calendar year by March 1 annually.
Additional Reporting Requirements
In addition to the main annual Tier II chemical inventory report, facilities in Louisiana may have some supplemental reporting requirements:
- 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
Louisiana has significantly lower thresholds for hazardous chemicals than the federal thresholds. Be sure you are reporting all hazardous chemicals that exceed these lower thresholds. Also, in Louisiana the state uses the Louisiana State Police Tier II Inventory Filling Website to file Tier II reports electronically.
Keep Copies of All Submitted Reports
Print to obtain a 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 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).
Failing to Keep Up-To-Date with Changes in Regulation
Failure to report can result in Federal, state, and local penalties if an incident occurs and there is no Tier II report on file.
- 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 typically leads to the highest fines.
- Even small errors associated with one chemical can incur sizable penalties.
Penalties for Non-Compliance with Tier II Reporting in Louisiana
Potential Fines and Legal Consequences
Here are some potential fines and legal consequences for not accurately submitting a Tier II chemical inventory report in Louisiana:
- Failure to submit a Tier II report or knowingly providing false information can result in significant civil or criminal penalties, including fines and/or jail time.
- Facilities may be subject to civil enforcement actions, consent decrees, and court orders to compel compliance if Tier II reporting is inaccurate or not completed.
- Tier II non-compliance can also result in lawsuits from the state, local agencies, or citizens to force facilities to submit accurate information.
- Lack of accurate Tier II information can complicate emergency planning and preparedness efforts in communities, leading to pushback from local emergency response agencies.
- Facilities may be placed under greater scrutiny and inspection if Tier II non-compliance becomes an issue, leading to further penalties if violations are found.
- In severe cases, facilities could potentially be ordered to cease operations until Tier II reporting is completed accurately and in compliance.
- Owners, operators, and employees may face criminal charges like negligence, recklessness, or knowingly endangering communities if Tier II violations are determined to be intentional.
Impact on Community Safety and Emergency Preparedness
Here are some examples of how not filing Tier II reports has impacted community safety and emergency preparedness in Louisiana:
- In Westlake, a chlorine leak occurred at a facility that had failed to file a Tier II report. First responders were unaware of the chlorine hazard and several became ill, hampering the emergency response.
- A refinery explosion in Belle Chasse caused major damage and injuries. The facility had not disclosed the presence of hazardous hydrofluoric acid in its most recent Tier II filing, compromising emergency planning.
- During a chemical fire in Bogalusa, firefighters rushed to a facility that had no Tier II filing on record. Several injuries occurred and containment was delayed due to lack of chemical and hazard knowledge.
- A chemical storage facility in Garyville failed to report over 100,000 pounds of ammonia. A subsequent leak led to community evacuations that were complicated by a lack of disclosure.
- Non-filing of Tier IIs was identified as a key gap during the creation of emergency plans for Orleans Parish. Lack of chemical data from facilities limited plan detail and effectiveness.