Missouri Tier II Reporting
Tier Ⅱ reporting in Missouri 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 Missouri’s Tier II Reporting Requirements
Who Needs to Report?
Any facility in Missouri 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.
- Any facility that stores greater than 100 lbs of chemicals that are considered explosives or blasting agents.
- 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)
- Explosives and blasting agents in excess of one hundred (100) pounds must be reported. If storage is longer than 15 days, these substances must be reported to the fire department, the LEPC, and the Missouri Emergency Response Commission using the Missouri Tier Two form
- The reporting thresholds in Missouri 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 Missouri 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 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.
Facilities in these industries would likely need to report common chemicals stored over Tier II thresholds like acids, flammable liquids, fuels, chlorine, and ammonia.
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.
- Once all reports are done for a single company, you can click the “Fee Sheet” button. Enter the name and title of the person certifying the report and click “Submit” to submit the reports and generate an invoice. Fees can be paid online through the portal.
- There are reporting fees in Missouri that are dependent on the type of facility and the number of reportable chemicals. There is a maximum fee of $10,000 for any one company.
- 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 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 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.
- 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 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 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.
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.
- 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.