Transcript Superfund Amendments & Reauthorization Act (SARA TITLE III) OR Emergency Planning & Community Right-to-Know Act (EPCRA) Presented by Ian Ewusi IERC Field Representative Rev.11/17/2010

Superfund Amendments &
Reauthorization Act
(SARA TITLE III)
OR
Emergency Planning &
Community Right-to-Know Act
(EPCRA)
Presented by Ian Ewusi
IERC Field Representative
Rev.11/17/2010
EPCRA Regulations
AMENDMENTS to 40 CFR Parts 355 and 370
(Proposed 6/8/98, finalized on 10/17/08 and published 11/3/08


Emergency Planning—Sections 302 & 303
[40 CFR Part 355.30] Amended
Emergency Notification—Section 304 &
Comprehensive Environmental Response, Compensation, Liability Act
CERCLA 103 [40 CFR Parts 302 & 355.40]
Amended


Hazardous Chemical Reporting—Sections 311
& 312 [40 CFR Part 370] Amended
Toxic Chemical Reporting—Section 313
[40 CFR Part 372]
TPQ
(Threshold Planning Quantity)


ONLY EHSs have published TPQs (lbs)
Solids are subject to either of 2 TPQs
(e.g., 500/10,000 lbs)

500 lbs ==> Powder form (100µ) or
==> Molten form or
==> Reactivity under the National
Fire Protection Association rating
of 2, 3, or 4

10,000 lbs otherwise (level of lowest concern)
Minimum Threshold Level
The storage quantity which subjects a facility
to the reporting requirements of EPCRA
Sections 311 and 312
For hazardous substances/chemicals (HS)
 10,000 lbs
For Extremely Hazardous Substances (EHSs)
 TPQ or 500 lbs (whichever is less)
EPCRA Reporting Requirements
 Sections 302 & 303 (Emergency Planning)

Presence of one or more EHSs over TPQ

Report within 60 30 days of acquisition of EHS

Report to IERC and respective LEPC—No EXEMPTIONS
 Section 304 (Emergency Notifications)

Accidental chemical release above reportable quantity (RQ) that will
migrate off site

Immediate verbal notification to state and LEPC if EHS and to
National Response Center if HS

Written notification to IERC and LEPC
EPCRA Reporting Requirements
Hazardous Chemical Reporting
Presence of one or more EHSs ≥ TPQ or 500 lbs (whichever is less)
Presence of one or more HSs ≥ 10,000 lbs
Report to IERC, LEPC and Fire Departments
 Section 311

List of MSDS chemicals

One-time submission (information remains unchanged)

Within 90 days of receipt of new information on chemical(s)
 Section 312 (Tier IIs)

Annual submission (due by March 1)
Exemptions
Hazardous Chemical Reporting
Sections 311 & 312

Solids—To the extent exposure does not occur
under normal conditions of use
(except when solid is modified and exposure can occur)

Facilities—Mining

Transportation—Substances in or being stored
incident to transport

Substances—FDA-controlled; for personal/household
purposes, research labs/hospitals, and routine
agricultural operations
Toxic Chemical Reporting
Section 313
Reporting Criteria
Manufacture, process, or otherwise use “toxic chemical” in
quantities above threshold
Report Type
Toxic Chemical Release Inventory (TRI) report
(i.e., Form R Report)
Timeline—Annual submission (due by July 1)
Agencies
EPA—CEPPO 800-535-0202
State—IDEM 800-451-6027
317-232-8172
EPCRA Amendment Summary

Submit report/notices according to timeline

Include North American Industry Classification
System (NAICS) code on Tier II form

Provide the chemical or common name of the
chemical (as listed on the MSDS) on the Tier II
form

Include the total quantity of EHS present in
pure or mixture form, even if any mixture
and/or EHS is reported as a hazardous chemical
EPCRA Amendment Summary
Continued

Use options 1 or 2 to determine whether the
threshold quantity is present for hazardous
chemical mixtures that do not contain any EHSs
1.
Add together the quantities present in pure
form and as components in all mixtures
2.
Consider the total quantity of each mixture
separately

Submit reports in format requested by state

Submit reports in format requested by LEPCs
EPCRA Amendment Summary
Continued


Submit any changes of facility information
relevant to emergency planning within 30 days,
such as

Facility is no longer in operation

Presence of new EHSs

Changes in chemical locations on site

Elimination of EHSs on site
Provide any information necessary for developing
or implementing the local emergency plan if the
LEPC requests it.
EPCRA Reporting Options
Sections 302, 311 & 312
State:
• Free Online Reporting—ONLY method after 2010
myIDEM
www.in.gov/idem/5285.htm (general info)
www.in.gov/idem/5290.htm (reporting)
LEPC:
• Tier2 Submit
Free software
yosemite.epa.gov/oswer/ceppoweb.nsf/content/tier2.htm
• Paper reporting by mail
(www.in.gov/idem/land/crkt)
Fire Departments:
• Paper reporting by mail
(www.in.gov/idem/land/crkt)
Advantages of the State’s
Online Method

Previous year’s facility inventories are already in the state’s system

Reduce or eliminate the “facility burden” associated with multiple
EPCRA reporting

Eliminate the bulky paper copies generated

Streamline the reporting process

Reduce the manpower required by facilities and the state to manage
the submitted EPCRA records

Provide electronic records for all reporting facilities that allow access
for edits and updates at any time

Allow facility chemical inventory information to be passed directly to
LEPCs and fire departments
Overview-State’s online reporting
requirements
1-877-674-CRTK(2785) NEW
 Submit signed Indiana Electronic Subscriber Agreement (IESA)
form to IDEM prior to completing any reports electronically
www.idem.IN.gov/5964.htm
 Start IESA submission IMMEDIATELY
 Mail original signed IESA form to
IDEM
Attn: Julian Mills
MC 66-30, IGCN RM 1101
100 North Senate Avenue
Indianapolis, IN 46204-2251
 Login after approval to submit reports
 Deadline for all Tier II reporting methods is March 1, 2010
 Mandatory online reporting for 2010 Tier II in 2011
Workspace
Access
Facility
Information
Sample IESA Form
(page 1)
Sample IESA Form
(page 1)
Sample IESA Form
(page 1)
IESA Completion




You will receive an email from IDEM with a
copy of your IESA for each facility
You must Print, Sign and Mail the IESA
form(s) to the address indicated
You will not be able to log into the system
until IDEM receives the IESA form and
completes the verification process
Timeline is about 5 business days
AFTER COMPLETION OF
VERIFICATIONS
 Log into RSP with User Name / Password
 Select CRTK Services Required
 Section 302
 Section 311
 Section 312
 Facility updates
 Select facilities
Step 1
Select
Facility
Step 2
Enter
1st-time
Filer
Information
Step 3
Enter
Facility
Information
Note:
Previously
submitted
facility
information
will be
pre-loaded
Step 4
Enter
Reporting
Year
Step 5
Enter
Additional
Contact
Information
Step 6
Enter
Chemical
Inventory
Note:
Previous
year
inventories
will be
pre-loaded
Step 7
Enter
Chemical
Inventory
Information
Step 8
Enter
Storage
Information
Step 9
Upload
Attachments
(site plans)
1st Time
filers must
attach a
site plan
Step 10
Fee Information
Step 11
By user or approved agent?
If IESA Role is not LEGAL AUTHORITY
Step 12
Certification
&
Print Option
Step 13
eSignature
Verification
Step 14
eSignature Confirmation
Step 15
Submission Confirmation
Step 16
Printable
Submittal
Can be
accessed by
clicking on the
View link.
Advantages of the State’s
Online Method

Previous year’s facility inventories are already in the state’s system

Reduce or eliminate the “facility burden” associated with multiple
EPCRA reporting

Eliminate the bulky paper copies generated

Streamline the reporting process

Reduce the manpower required by facilities and the state to manage
the submitted EPCRA records

Provide electronic records for all reporting facilities that allow access
for edits and updates at any time

Allow facility chemical inventory information to be passed directly to
LEPCs and fire departments
EPRCA Contact Information:
 Barbara Humphrey
Program coordination and reporting information
[email protected]
(317) 233-0066
 Nick Staller
IESA registration & website information
[email protected]
(317) 234-3478
 Julian Mills
IESA registration authorization
[email protected]
(317) 232-7955
 Ian Ewusi
Statute & technical information
[email protected]
(317) 695-2119
Ian Ewusi
IERC Field Representative
[email protected]
317-695-2119