COMMUNITY RIGHT-TO-KNOW
Federal Regulation 40 CFR Part 370
State Regulation 11 CSR 10-11

EXECUTIVE SUMMARY 
Tier II Reporting is required by the federal Emergency Planning and Community Right-To-Know Act of 1986. By March 1st of each year, facilities are required to file a Tier II report with three agencies on the hazardous substances that they used, stored, or produced in the previous year. You must report any hazardous chemical that has an MSDS under OSHA that is present at your facility at any one time in quantities equal to or above 10,000 lbs. Chemicals classified as extremely hazardous that are present at your facility at any one time in quantities equal to or above 500 lbs. must also be reported.

The Tier II Report and associated fee is submitted electronically to the Missouri Emergency Response Commission (Commission). In addition, a signed and dated paper copy of the Tier II Report must be mailed to the Local Emergency Planning Committee (LEPC) and the fire department with jurisdiction over your facility.

Note:  Reporting of oil spills is addressed in the SPCC Section of the Environmental Compliance Assistance Manual.

MSDS REPORTING
You must submit a Materials Safety Data Sheet (MSDS) for each hazardous chemical present at the facility that meets or exceeds its applicable threshold level to the Commission, LEPC, and the fire department. A revised MSDS should be submitted to these three agencies within three months if significant new information is discovered concerning a hazardous chemical for which the MSDS was previously submitted. Within 30 days of a request by the LEPC, you must also submit an MSDS for any hazardous chemical present at your facility for which you have not submitted an MSDS.

INVENTORY REPORTING 
By March 1st of each year, you must submit inventory information regarding any hazardous chemical present at your facility at any time during the previous calendar year in an amount equal to or in excess of its threshold level. You report the inventory information on the Tier II form found online at the Commission’s website. The inventory report must be submitted to the Commission, LEPC, and the fire department.

You must report any hazardous chemical that has an MSDS under OSHA that is present at your facility at any one time in quantities equal to or above 10,000 lbs.

Chemicals classified as extremely hazardous that are present at your facility at any one time in quantities equal to or above 500 lbs. must also be reported. Common hazardous chemicals found at member cooperatives are gasoline, diesel fuel, and propane. In addition, member cooperatives typically use lead-acid batteries in emergency power backup systems. Lead-acid batteries contain sulfuric acid (an extremely hazardous chemical) and lead (a hazardous chemical). These chemicals should be included in the Tier II report if the amount of sulfuric acid at the facility (e.g. work headquarters, office facilities, substations) in the batteries, and elsewhere, was present at any one time in a volume equal to or exceeding 500 lbs. and/or if the amount of lead equaled or exceeded 10,000 lbs.

• 10,000 lbs. of gasoline = approximately 1,598 gallons (6.26 lbs./gal.)
• 10,000 lbs. of diesel fuel = approximately 1,360 gallons (7.26 lbs./gal.)
• 10,000 lbs. of propane = approximately 2,300 gallons (4.34 lbs./gal.)
• 500 lbs. of sulfuric acid = approximately 100 typical lead-acid batteries

To calculate the weight of sulfuric acid found in lead-acid batteries, you will need a specification sheet for the battery that indicates the volume of electrolyte and the volume of lead. Once you get the volume of electrolyte, convert that volume to gallons. If the volume is in liters, multiply the volume by the sulfuric acid concentration of the electrolyte (use 27.6% if you have no other value to use), then multiply by the specific gravity of sulfuric acid (1.835). Multiply the result by the weight of water/gallon (8.3453). This will give you the sulfuric acid weight per battery.

Under Missouri law, explosives and blasting agents in excess of 100 lbs. must be reported to the fire department within 24 hours of being present at a facility. 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 online Tier II Reporting form. This requirement does not apply to materials in transit provided that the transporter is in compliance with U.S. Department of Transportation Regulations.

Note: On March 13, 2000, EPA published a regulation which exempted, from the Risk Management Plan (RMP), substances that are used as a fuel or held for sale as a fuel at a retail facility (ex. propane). Although these facilities are exempt from the requirement to have an RMP, they are still subject to the OSHA/EPA "General Duty" clause which requires facilities to have appropriate safety programs in place. Under this section, the owners and operators must 1) identify hazards which may result from accidental releases using appropriate hazard assessment techniques, 2) design and maintain a safe facility taking such steps necessary to prevent releases, and 3) minimize the consequences of accidental releases which occur.

The local fire department has the right to request an on-site inspection of your facility. Upon request, the facility shall provide the department specific location information on hazardous chemicals found at the facility.

MIXTURES 
For a mixture containing a hazardous chemical, the reporting option used must be consistent for both MSDS and inventory reporting, unless it is not possible to do so. This means that if you report on a specific mixture as a whole for MSDS reporting, you must report on that mixture as a whole for inventory reporting too (unless it is not possible). If the reporting is on the mixture itself, the total quantity of the mixture shall be reported. Otherwise, you can provide information on each component in the mixture which is a hazardous chemical.

To determine the quantity of a hazardous chemical component present in a mixture, multiply the concentration of the hazardous chemical component (in weight percent) by the weight of the mixture (in pounds). You do not have to count a hazardous chemical present in a mixture if the concentration is less than or equal to 1%, or less than or equal to 0.1% for a carcinogenic chemical.

EXEMPTIONS 
You do not have to report substances for which you are not required to have an MSDS under the OSHA regulations.

Note: Even though an MSDS exists for mineral oil, you are not required to report it on a Tier II form unless it is mixed with a hazardous chemical. Mineral oil is not a hazardous chemical as defined by the law and also meets the article exemption rule under SARA Title III when it is utilized in electrical equipment (ex. mineral oil contained in transformers).

INSTRUCTIONS FOR REPORTING 
The Tier II Report and associated fee is submitted electronically to the Missouri Emergency Response Commission. Access the online form and fee calculation sheet by going to https://hazmat.dps.mo.gov/. In addition, a signed and dated paper copy of the Tier II Report must be mailed to the Local Emergency Planning Committee (LEPC) and the fire department with jurisdiction over your facility. There is also an option to pay $10 to the Commission to have them provide a copy of your facility’s Tier II Report to the LEPC and local fire department instead. Remember, Tier II Reports are due by March 1st annually.

After 1990, if there have been reportable hazardous chemicals present at the facility and they were not reported on a Tier II form, it is necessary to pay the Commission late fees for those chemicals. For example, if lead-acid batteries were not reported, you will need to determine the date which the batteries were first present, in the regulated quantity, for each site.

Rob LeForce, AECI, revised 2/14/2013