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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Transcript 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.

TIER II Reporting
(Nebraska)
Don Gansert
Managing Consultant
February 19, 2009
trinityconsultants.com
Right to Know Program
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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)
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The NEMA website: http://www.nema.ne.gov/
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The NEMA Right to Know link:
http://www.nema.ne.gov/index_html?page=/content/SERC/righttoknow.html
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Sections 81-15,191 to 81-15,235 cited as the Nebraska Emergency Planning
and Community Right to Know Act
Definition of an EHS
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Definition of a hazardous chemical
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According to 81-15,202 defines a hazardous substance as having the same meaning as in 40
CFR 302, Table 302.4
Inventory Form
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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
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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
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Chemical list includes the hazardous chemicals for which a material safety data sheet is required
under OSHA
Notifications
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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;
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LEPC,
Commission coordinator for information, and
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Fire Department with jurisdiction over the facility
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Hazardous Chemical Exemptions
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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
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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:
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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:
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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
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Walk the facility
Compare actual chemical storage to inventory records
Verify chemical locations and type of storage units
Review MSDSs, note if EHS present
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Use current MSDSs, most facilities have hard copies older than 5
years
Develop table or spreadsheet
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List each EHS by % in mixture
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List each hazardous chemical by % in mixture
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Calculate the total quantity of each EHS and hazardous chemical
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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
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If you want to submit electronically, go to
EPA Website:
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http://www.epa.gov/OEM/content/epcra/statetier2.htm
Then click Nebraska
Or
Go to Nebraska Website:
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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
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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
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On October 17th, 2008, EPA finalized several changes to the Emergency
Planning and Community Right-to-Know Act (EPCRA) regulations
Changes to Forms
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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
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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:
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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?