Tier II Reporting Update

Matt Kemnitz Technological Hazards Supervisor (acting) North Carolina Emergency Management 10/14/2014

North Carolina Emergency Management

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Agenda

Background of Changes Hazardous Materials Facility Fees E-Plan in NC Resources Challenges and Opportunities Timeline Questions

North Carolina Emergency Management

Background

• • • 31 August 2013: Federal funding for E-Plan was suspended 18 November 2013: EPCRA Committee recommends Tier II Manager for NC Jan-July 2014: NCEM worked to implement the Tier II Manager system

North Carolina Emergency Management

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Background

29 May 2014: Tier II Fees introduced into state budget 23 July 2014: EPCRA Committee reviewed updated cost estimates and project timeline, recommends staying with E-Plan 7 August 2014: 2014 State Budget Enacted 14 August 2014: Tier II Manager put on hold, E-Plan service extended

North Carolina Emergency Management

Big Picture

• • Hazardous materials facility fees will begin to be collected January 1, 2015 North Carolina will continue to use E-Plan for Tier II reporting year 2014 (January 1, 2015 - March 1, 2015)

North Carolina Emergency Management

Hazardous Materials Facility Fee Structure

• • • • $50 per Hazardous Substance As defined in 29 C.F.R. 1910.1200(c) • $90 per Extremely Hazardous Substance As defined in 40 C.F.R. Part 355, Appendix A or B Total fees capped at $5000

per entity

North Carolina Emergency Management

Exempt from Fees

• • • • • EXEMPTION FROM FEES DOES NOT AFFECT REQUIREMENT TO FILE!

Family farm enterprises • State and local government facilities Federal facilities under immunity Nonprofit corporations Commercial fuel stations (for fuels only) Motor vehicle dealerships

North Carolina Emergency Management

How will fees be collected?

• • • • Fees will be assessed at the time of filing Users will be presented with a statement and passed to a third-party payment processor Users will not be able to finalize their report until payment is completed (unless exempt) System will accept Visa, MasterCard, Electronic check

North Carolina Emergency Management

How will fee receipts be used?

• • • • S.L. 2014-100 allows fees to be used three ways: Pay costs associated with maintaining the Hazardous Materials database (E-Plan) Support the Regional Response Team program (replacing state appropriation) Provide county grants for hazardous materials response planning and training

North Carolina Emergency Management

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Key Points

Fees begin 1 January 2015 Fee receipts will support hazardous material preparedness and response Net effect: financial burden shifts from general public onto users of HazMat

North Carolina Emergency Management

E-Plan Reporting System

• Developed and maintained by University of Texas at Dallas • Used by NC facilities and first responders since 2007 • Most fiscally responsible option based on current cost estimates • Existing fee collection module will be customized and modified for NC

North Carolina Emergency Management

Implementation

• • NCEM is working with UT-Dallas to customize fee collection module • • • • Multi-entity effort NCEM UT-Dallas NC OMB/Office of State Controller/NCDPS Controller Merchant Processor & Bank

North Carolina Emergency Management

Implementation

• • • • 1 st Year Automated fee calculation based on reported chemicals User self-certification of voluntary reports • 2 nd Year Automated comparison against TPQs/reporting requirements

North Carolina Emergency Management

Resources for Filers

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E-Plan is familiar, but fees are new

Guidance will be made available on NCEM’s Tier II website (Now to late November) • • • FAQ & Video Tutorial How to file Tier II reports in E-Plan Who needs to pay fees?

How are fees calculated?

North Carolina Emergency Management

Resources for First Responders

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No changes currently planned for the first responder interface

• Opportunities for the future Incorporating GIS, ERG data

North Carolina Emergency Management

Resources

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Tech Hazards Team is available for technical assistance Available by phone and email LEPCs, Area Meetings, or as requested North Carolina Emergency Management

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Challenges

Current legislation does not include a robust enforcement mechanism or funding for outreach Maintaining and increasing Tier II reporting rates will depend on cooperation between local EMAs, LEPCs, and NCEM.

Reversion & Per Entity Cap

North Carolina Emergency Management

Opportunities

• • • Potentially a more stable source of RRT funding vs. declining appropriations • Additional source of funding for local hazardous materials response planning Target gaps not covered by federal grants Possibility of working with E-Plan to develop additional planning capabilities

North Carolina Emergency Management

Timeline

• • • • • • 14 August 2014: Public announcement and vendor notification (Granville LEPC) Mid August-Mid October: Implement fee collection system 2 nd Week of November: Beta testing with UT-Dallas Mid October-November: NCEM rollout of training materials 1 January 2015: Beginning of 2014 Tier II reporting season 1 March 2015: Close of 2014 Tier II reporting season

North Carolina Emergency Management

POC for Tier II Questions

David Powell EPCRA Program Manager 1636 Gold Star Drive Raleigh, NC 27607 [email protected]

(o) 919.825.2277

Matt Kemnitz Tech Hazards Supervisor (acting) 1636 Gold Star Drive Raleigh, NC 27607 [email protected]

(o) 919.825.2287

(c) 919.609.2064

North Carolina Emergency Management

Thank you & Questions

Matt Kemnitz Technological Hazards Supervisor (acting) North Carolina Emergency Management 10/14/2014

North Carolina Emergency Management