TIER II Reporting (Nebraska) Don Gansert Managing Consultant February 19, 2009 trinityconsultants.com Right to Know Program Bhopal, India disaster killed or serious injured approximately 2,000 people To reduce.
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TIER II Reporting (Nebraska) Don Gansert Managing Consultant February 19, 2009 trinityconsultants.com Right to Know Program Bhopal, India disaster killed or serious injured approximately 2,000 people To reduce the likelihood of such a disaster in the United States, the Emergency Planning and Community Right-to-Know Act (EPCRA) was passed in response to concerns regarding the storage and handling of toxic chemicals. Emergency Planning and Community Right-to-Know Act (EPCRA) establishes requirements for federal, state and local governments, Indian Tribes, and industry regarding emergency planning and "Community Right-to-Know" reporting on hazardous and toxic chemicals. Provides the public access to information on chemicals at facilities, their uses, and releases into the environment. Nebraska Emergency Management Agency (NEMA) The NEMA website: http://www.nema.ne.gov/ The NEMA Right to Know link: http://www.nema.ne.gov/index_html?page=/content/SERC/righttoknow.html Sections 81-15,191 to 81-15,235 cited as the Nebraska Emergency Planning and Community Right to Know Act Definition of an EHS Definition of a hazardous chemical According to 81-15,202 defines a hazardous substance as having the same meaning as in 40 CFR 302, Table 302.4 Inventory Form According to 81-15,201 defines a hazardous chemical as having the same meaning as in 29 CFR 1910.1200(c) Definition of a hazardous substance According to 81-15,198 defines EHS as a substance which meets the threshold requirements identified on the List of EHS under 40 CFR Part 355, Appendices A and B Chemical inventory form required to be prepared by an owner or operator of a facility with MSDSrequiring hazardous chemicals on-site List of Chemicals Chemical list includes the hazardous chemicals for which a material safety data sheet is required under OSHA Notifications For an EHS exceeding threshold planning quantities (TPQs), the facility shall notify the commission and the LEPC of the chemical within 60 days of exceeding the TPQ For facilities which have an MSDS for a hazardous chemical shall submit a copy of each MSDS or a list of the hazardous chemicals exceeding the TPQ within three months to the following; LEPC, Commission coordinator for information, and Fire Department with jurisdiction over the facility Hazardous Chemical Exemptions Any food, food additive, color additive, drug, or cosmetic regulated by the federal Food and Drug Administration; Any substance present as a solid in any 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; or 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 consumer. TIER II Report According to 81-15,224 requires facilities to prepare a TIER II report annually on or before March 1 for hazardous chemicals meeting the TPQ Reports submitted to: LEPC Commission coordinator, and Fire Department with jurisdiction over the facility The hazardous chemical reporting threshold is 10,000 pounds on site at any time during the preceding calendar year. The facility to provide the following information on the Tier II form: Chemical name or common name as provided on MSDS Estimate in ranges of max amount present Estimate in ranges of the average daily amount Brief description of the manner of storage Location at the facility Indication of whether the owner elects to withhold location information for a specific hazardous chemical Inventory Review Walk the facility Compare actual chemical storage to inventory records Verify chemical locations and type of storage units Review MSDSs, note if EHS present Use current MSDSs, most facilities have hard copies older than 5 years Develop table or spreadsheet List each EHS by % in mixture List each hazardous chemical by % in mixture Calculate the total quantity of each EHS and hazardous chemical Compare each EHS and hazardous chemical to the TPQ Once you have determined which chemicals are above the TPQ, fill out the Tier II report form Tier II Form Electronic TIER II Report If you want to submit electronically, go to EPA Website: http://www.epa.gov/OEM/content/epcra/statetier2.htm Then click Nebraska Or Go to Nebraska Website: http://iis.deq.state.ne.us/iis/jsps/tl3/facilityAccess/templates/tier2Welcome.jsp To enter TIER II Form Submission System Click TIER II Form Submission System to Register for online system, The facility must: Enter Facility ID and Password Note: Anyone can search for TIER II reporting facilities The system will allow users to re-enter system to make changes or to reprint or save Tier II forms Updates On October 17th, 2008, EPA finalized several changes to the Emergency Planning and Community Right-to-Know Act (EPCRA) regulations Changes to Forms Tier I and Tier II forms and instructions have been removed from the CFR. The forms and instructions are now located on EPA’s website: www.epa.gov/emergencies Reporting of North American Industry Classification System (NAICS) code on Tier I and Tier II Chemical or common name of the chemical as provided on the MSDS must be provided on the Tier II form Mixtures For EHS, in determining threshold quantity, facilities must include total quantity of the EHS present in the pure form as well as in any mixture, even if any mixture including the EHS is also being reported as a hazardous chemical For hazardous chemicals in mixtures (that do not contain any EHS), facilities have two (2) options in determining the threshold quantity: 1 – Add together the quantity present in its pure form and as a component in all mixtures (even if the mixture is also being reported as a hazardous chemical, or 2-- Consider the total quantity of each mixture separately Questions?