Local Emergency Planning Committee
About the Local Emergency Planning Committee (LEPC)
The LEPC service area spans eight counties in the Greater Kansas City region:
Johnson, Leavenworth and Wyandotte in Kansas; and Cass, Clay, Jackson, Platte and Ray in Missouri.
The following is an excerpt from the LEPC Regional Hazardous Materials Emergency Preparedness Plan regarding Tier II reporting.
Tier II Reporting
What is a "Tier II?"
"It's a reporting requirement under Federal EPCRA regulations (Section 311/312, hence the name) requiring you to give government agencies and the public information on what hazardous materials are being used or stored at your facility.
These regulations came about years ago because of a serious accident in India, which resulted in a catastrophic loss of life. A release of a highly toxic chemical caused a large number of casualties and other injuries, and resulted in highly increased awareness about the potential for this happening elsewhere, including in the U.S.
When this happened, Congress passed laws that require U.S. facilities that store or use any sort of hazardous material above certain thresholds to report on it. They required that you provide information some basic information, such as what type of material it is, what state it's in (solid, liquid, gas), how much you store, some basic chemical information, etc.
In other words, they require organizations to give the 'community' the 'right to know' what's across the road or down the street from them.
Additionally, it gives government agencies information about your facility in case of an emergency.
Imagine you were a fire fighter on your way to fight a fire. You pull up, and there are giant tanks, all unmarked, all on fire. They could be full of water, which would make your job easier. Conversely, they could be full of diesel fuel, which could make the situation extremely volatile very quickly.
These regulations are in place to let both the public, and various agencies know what's going on at your facility, so everyone can make informed decisions. The whole point of the regulation is to simply provide information.
Depending on where a facility is located, this information must be submitted information to state agencies, fire departments, police departments, other emergency responders, etc. Some states automate the process and a facility will only have to submit the information once, while others make them submit the information to everyone manually. It can get confusing, especially if a company operates in multiple states."
As per the EPA: "The reporting under Section 312 is in two tiers, Tier I and Tier II. What are the general differences between the two forms?
Section 312 includes a two tier approach. Tier I requires information (such as maximum amount of hazardous chemicals at the facility during the preceding year, an estimate of the average daily amount of hazardous chemicals at the facility, and the general location) be aggregated and reported by hazard categories. Tier II not only requires the information mentioned above, but also requests information on specific location and storage.
Finally, Tier I is required by federal law; Tier II is required only upon request by the local emergency planning committee or the state emergency response commission. However, a covered facility may submit Tier II forms instead of Tier I forms. Some states already require facilities to submit Tier II forms or forms created by the states under their legislation."
What to Report on a Tier II
What chemicals must be reported?
Any substance for which a facility must keep a material safety data sheet (MSDS) under OSHA’s Hazard Communication Standard is classified as a “hazardous chemical.” Any hazardous chemical that a facility has on hand in a quantity of more than 10,000 pounds at any one time during the calendar year must be reported. A partial list of hazardous chemicals may be found at www.epa.gov/ceppo/caalist.html
Extremely Hazardous Substances (EHS) as specified in 40 CFR Part 355 must be reported on the Tier II form if a facility has on hand, at any one time during the calendar year, more than 500 pounds or the threshold planning quantity (TPQ), whichever is lower. To obtain a list of extremely hazardous substances, visit www.epa.gov/ceppo/pubs/title3.pdf
What chemicals are excluded?
Section 311(e) of Title III EPCRA excludes the following substances:
- Any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration.
- Any substance present as a solid in a manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
- Any substance to the extent it is used for personal, family or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.
- Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.
- Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer. (This exclusion does not apply to the one-time reporting of extremely hazardous substances under Section 302 of EPCRA.)
How to Submit Your Tier II
Who must submit this form?
Kansas Tier II report information is available online here: http://kansas.tier2online.com/
Kansas reports must be submitted to the Kansas Department of Health & Environment, the county emergency management office (constitutes notice to the LEPC) and the fire department/district with jurisdiction for the facility.
For Johnson County Emergency Management, email copies to [email protected]
(Tier II PDF - updated June 2017)
When to submit the Tier II report
Owners or operators of facilities that have hazardous chemicals on hand in quantities equal to or greater than set threshold levels must submit Tier II forms by March 1 of each year. The information required must be reported within 60 days of a new extremely hazardous substance being present at the facility at or above the threshold planning quantity (TPQ) (11 CSR40-4.040 (1)).
If any new hazardous chemical or extremely hazardous substance comes onto the site in a quantity sufficient to require reporting, an updated Tier II form must be provided within three months (11 CSR40-4.040 (1)(D)(2)).
Any owner or operator who violates any Tier II reporting requirements shall be liable to the United States for civil penalty of up to $27,500 per day for each such violation. Each day a violation continues shall constitute a separate violation.
Information needed for environmental site assessments in Johnson County may require data on past spills. If you are looking for information on hazardous chemical spills, these links will direct you to the Spills Finder maps for Kansas:
- https://www.marc.org/Emergency-Services-9-1-1/LEPC (MARC LEPC)
- https://www.marc.org/Emergency-Services-9-1-1/LEPC/Activities/Tier-II-Reporting (Tier II)
- https://maps.kdhe.state.ks.us/keif/ (KDHE Environmental Interest Finder/Spills Database)