Missouri Tier II Reporting

In Missouri, 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 Missouri’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.
• At least 100 lbs of chemicals that are considered explosives or blasting agents

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:

• Explosives and blasting agents in excess of one hundred (100) pounds must be reported.
• 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 on Missouri Tier II reporting 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 a Tier II report in Missouri:

Chemical manufacturers – Facilities that produce hazardous chemicals would need to report any Extremely Hazardous Substances (EHS) they have on-site over threshold amounts, such as chlorine, ammonia, and formaldehyde.

Fuel terminals – Petroleum storage facilities would report chemicals like gasoline, diesel, and jet fuel if over 10,000 lbs are on site.

Wastewater treatment plants – Treatment plants using chlorine for disinfection would need to report it if over 100 lbs.

Refineries – Refineries produce and use chemicals like hydrogen fluoride, hydrogen sulfide, and benzene. Any EHS chemicals over threshold amounts would be reported.

Food processors – Facilities using anhydrous ammonia refrigeration over 500 lbs would need to submit a Tier II.

Hospitals – Hazardous chemicals like formaldehyde, xylene, and waste anesthetic gasses would need to be reported if amounts exceed thresholds.

Battery manufacturers – Sulfuric acid used in lead-acid battery production would need to be reported over 500 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 Missouri? Learn more here about how you can partner with Encamp to save you and your team time and hassle this reporting year.

Missouri’s Electronic Tier II Reporting System (MERC)

Overview of MERC

The Missouri Emergency Response Commission (MERC) administers the Tier II reporting program in Missouri under EPCRA. Facilities must submit their Tier II inventory forms to MERC electronically via the Tier II filing website. Tier II reports must be submitted to MERC (via the online filing system) as well as local emergency planning committees and local fire departments.

How to Submit a Tier II Report in Missouri

Here is a summary of how to submit a Tier II report using the Missouri Emergency Response Commission (MERC) Tier2 Submit online system:

Go to MERC’s website and register your facility for an account if you do not already have one.

Log into the application with your facility account credentials.

Next to the name of your company, click “Facility List”. Ensure that the correct reporting year is selected, then find the facility you wish to report for.

Click “Update Facility” and enter or update your facility identification information. The system will pre-populate data from previous submissions.

Back on the Facility List screen, next click “Update Contacts” and enter or update the contact information for your report’s contacts, such as emergency contacts and regulatory information contacts.

Back on the Facility List screen, next click “Update Inventory” and input your chemical inventory data including:

Chemical name, CAS number, and categories

Storage types, locations, and container sizes

Average and maximum daily amounts

Applicable hazard classifications

The system will validate the information as you go to check for errors. Review and resolve warnings or errors if any appear.

Key Points

Reports must also be sent to the LEPC and FD. The SERC’s online reporting portal offers an option to distribute your report to the LEPC and FD on your behalf for a surcharge of $10.

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Missouri, 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 main annual Tier II chemical inventory report, facilities in Missouri 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. 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 Missouri, there is a threshold reporting requirement of 100 lbs for explosives or blasting agents. 

Keep Copies of All Submitted Reports

Print and keep 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 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 and MERC closely to avoid violations and protect your business finances.

Penalties for Non-Compliance with Tier II Reporting in Missouri

Potential Fines and Legal Consequences

Failure to accurately submit a Tier II report can result in fines from the implementing agency, which in Missouri is the Missouri Emergency Response Commission (MERC) these fines include:

Any owner or operator who violates any Tier Two reporting requirements shall be liable to the United States for a civil penalty of up to $27,500 per day for each such violation. Each day a violation continues shall constitute a separate violation. Under Missouri law, there is also a penalty of up to $5,000 per day for failure to provide the type of information required on the Missouri Tier Two form.

Impact on Community Safety and Emergency Preparedness

Here is relevant information on inaccurate Tier II filing in Missouri:

In 2019, nearly 1,900 facilities in Missouri failed to file mandatory Tier II reports on hazardous chemicals stored on site. This suggests there is a widespread issue with non-compliance in the state.

There have been chemical accidents in Missouri where investigators later noted missing or incomplete Tier II reporting as a concern. This includes a 2008 explosion in Festus at a metals powder factory. The facility had filed Tier II reports but allegedly provided incomplete data.

A 2016 report by the U.S. Chemical Safety Board highlighted a fatal 2010 nitrogen asphyxiation incident at a St. Louis lab. Investigators found the lab had not filed a Tier II report which could have better-prepared responders.