Presented by Ian Ewusi IERC Field Representative 10/15/2009

1. Superfund Amendments & Reauthorization Act (SARA TITLE III)OREmergency Planning & Community Right-to-Know Act (EPCRA) Presented by Ian Ewusi IERC Field Representative 10/15/2009

2. EPCRA RegulationsAMENDMENTS 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]

3. 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)

4. 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)

5. EPCRA Reporting Requirements • Sections 302 & 303 (Emergency Planning) • Presence of one or more EHSs over TPQ • Report within 60 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

6. 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)

7. ExemptionsHazardous Chemical ReportingSections 311 & 312 • 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

8. Toxic Chemical ReportingSection 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

9. 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

10. EPCRA Amendment SummaryContinued • Use options 1 or 2 to determine whether the threshold quantity is present for hazardous chemical mixtures that do notcontain any EHSs • Add together the quantities present in pure form and as components in all mixtures • Consider the total quantity of each mixture separately • Submit reports in format requested by state • Submit reports in format requested by LEPCs

11. EPCRA Amendment SummaryContinued • 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.

12. EPCRA Continuous Release ReportingAir Releases of Hazardous Substances— Farm Animal Waste from CAFO • Concentrated Animal Feeding Operations (CAFOs) • Federal Register publication date 12/18/08 • Rule effective date 1/20/09

13. EPCRA CAFO AmendmentsThe new rule exempts farms confining fewer than… • 700 mature dairy cows, whether milked or dry • 1,000 veal calves • 1,000 cattle other than mature dairy cows or veal calves (“cattle" includes, but is not limited to, heifers, steers, bulls and cow/calf pairs) • 2,500 swine, each weighing 55 pounds or more • 10,000 swine, each weighing less than 55 pounds • 500 horses

14. EPCRA CAFO AmendmentsThe new rule exempts farms confining fewer than… • 10,000 sheep or lambs • 55,000 turkeys • 30,000 laying hens or broilers, if the farm uses a liquid manure handling system • 125,000 chickens (other than laying hens) if the farm uses other than a liquid manure handling system • 82,000 laying hens, if the farm uses other than a liquid manure handling system • 30,000 ducks, if the farm uses other than a liquid manure handling system • 5,000 ducks, if the farm uses a liquid manure handling system

15. EPCRA CAFO Requirements3-step process to report air releases Step 1Call State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC) Step 2Submit writtencontinuous release report/form to the SERC and LEPC within 30 days of the call made in Step 1 Step 3Reassess and confirm the accuracy of calculations to the SERC and the LEPC in writingon the first anniversary date of the initial written notification It is up to the owner/operator to perform release calculations for normal lower and upper limits.

16. EPCRA CAFO Requirements No further reporting is required for the routine air releases covered under your specific report unless the rate, quantity, or ownership changes. If such a change occurs, you will need to repeat the 3-step reporting process outlined above, or make separate daily reports for those days. Also, if you signed up for the Air Compliance Agreement study, or if you have already filed a continuous release report, no action is required at this time.

17. EPCRA Reporting OptionsSections 302, 311 & 312 State: • FreeOnline Reporting—ONLY method after 2009 myIDEM www.in.gov/idem/5285.htm (general info) www.in.gov/idem/5290.htm (reporting) LEPC: • Tier2 SubmitFree 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)

18. 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

33. Workspace Access Facility Information

34. Step 1 Select Facility

35. Step 2 Enter 1st-time Filer Information

36. Step 3 Enter Facility Information Note: Previously submitted facility information will be pre-loaded

37. Step 4 Enter Reporting Year

38. Step 5 Enter Additional Contact Information

39. Step 6 Enter Chemical Inventory Note: Previous year inventories will be pre-loaded

40. Step 7 Enter Chemical Inventory Information

41. Step 8 Enter Storage Information

42. Step 9 Upload Attachments (site plans)

43. Step 10 Certification By user or approved agent

44. Step 11 Email notifications to selected recipients. Notifications sent before and/or certification.

45. Step 12 Access to submittal Sends certification email with an access code to selected Persons Person must Have a myIDEM Account

46. Step 13 Enter PIN to certify the submittal Forgotten PINs will be sent via email

47. Step 14 Printable Submittal Can be accessed by clicking on the View link.

48. Step 15 Confirmation Screen

49. 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

50. Thank You Ian Ewusi IERC Field Representative iewusi@dhs.in.gov 317-695-2119