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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.

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slide1
Superfund Amendments & Reauthorization Act (SARA TITLE III)OREmergency Planning & Community Right-to-Know Act (EPCRA)

Presented by Ian Ewusi

IERC Field Representative

Rev.11/17/2010

slide2
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]
tpq t hreshold p lanning q uantity
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
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
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 requirements1
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
ExemptionsHazardous Chemical ReportingSections 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
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

epcra amendment summary
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
slide10

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
epcra amendment summary continued
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.
epcra reporting options sections 302 311 312
EPCRA Reporting OptionsSections 302, 311 & 312

State:

• FreeOnline Reporting—ONLY method after 2010

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)

advantages of the state s online method
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
Overview-State’s online reporting requirements1-877-674-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
slide29

Workspace

Access Facility Information

iesa completion
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
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
slide38

Step 1

Select

Facility

slide39

Step 2

Enter

1st-time

Filer

Information

slide40

Step 3

Enter

Facility

Information

Note: Previously submitted facility information will be pre-loaded

slide41

Step 4

Enter

Reporting

Year

slide42

Step 5

Enter

Additional

Contact

Information

slide43

Step 6

Enter

Chemical

Inventory

Note:

Previous

year

inventories

will be

pre-loaded

slide44

Step 7

Enter

Chemical

Inventory

Information

slide45

Step 8

Enter

Storage

Information

slide46

Step 9

Upload

Attachments

(site plans)

1st Time filers must attach a site plan

slide47

Step 10

Fee Information

slide48

Step 11

By user or approved agent?

If IESA Role is not LEGAL AUTHORITY

slide49

Step 12

Certification

&

Print Option

slide50

Step 13

eSignature

Verification

slide51

Step 14

eSignature Confirmation

slide52

Step 15

Submission Confirmation

slide53

Step 16

Printable

Submittal

Can be accessed by

clicking on the

View link.

advantages of the state s online method1
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
EPRCA Contact Information:
  • Barbara Humphrey

Program coordination and reporting information bhumphre@idem.in.gov (317) 233-0066

  • Nick Staller

IESA registration & website information nstaller@idem.in.gov (317) 234-3478

  • Julian Mills

IESA registration authorization

jmills@idem.in.gov (317) 232-7955

  • Ian Ewusi

Statute & technical information

iewusi@dhs.in.gov (317) 695-2119

slide57

Thank You

Ian Ewusi

IERC Field Representative

iewusi@dhs.in.gov

317-695-2119