North Carolina Emergency Management Tier II Reporting Update Matt Kemnitz Technological Hazards Supervisor (acting) North Carolina Emergency Management 10/14/2014

North Carolina Emergency Management Agenda Background of Changes Hazardous Materials Facility Fees E-Plan in NC Resources Challenges and Opportunities Timeline Questions

North Carolina Emergency Management Background 31 August 2013: Federal funding for E-Plan was suspended 18 November 2013: EPCRA Committee recommends Tier II Manager for NC Jan-July 2014: NCEM worked to implement the Tier II Manager system

North Carolina Emergency Management Background 29 May 2014: Tier II Fees introduced into state budget 23 July 2014: EPCRA Committee reviewed updated cost estimates and project timeline, recommends staying with E-Plan 7 August 2014: 2014 State Budget Enacted 14 August 2014: Tier II Manager put on hold, E-Plan service extended

North Carolina Emergency Management Big Picture Hazardous materials facility fees will begin to be collected January 1, 2015 North Carolina will continue to use E-Plan for Tier II reporting year 2014 (January 1, March 1, 2015)

North Carolina Emergency Management Hazardous Materials Facility Fee Structure $50 per Hazardous Substance As defined in 29 C.F.R (c) $90 per Extremely Hazardous Substance As defined in 40 C.F.R. Part 355, Appendix A or B Total fees capped at $5000 per entity

North Carolina Emergency Management Exempt from Fees EXEMPTION FROM FEES DOES NOT AFFECT REQUIREMENT TO FILE! Family farm enterprises State and local government facilities Federal facilities under immunity Nonprofit corporations Commercial fuel stations (for fuels only) Motor vehicle dealerships

North Carolina Emergency Management How will fees be collected? Fees will be assessed at the time of filing Users will be presented with a statement and passed to a third-party payment processor Users will not be able to finalize their report until payment is completed (unless exempt) System will accept Visa, MasterCard, Electronic check

North Carolina Emergency Management How will fee receipts be used? S.L allows fees to be used three ways: Pay costs associated with maintaining the Hazardous Materials database (E-Plan) Support the Regional Response Team program (replacing state appropriation) Provide county grants for hazardous materials response planning and training

North Carolina Emergency Management Key Points Fees begin 1 January 2015 Fee receipts will support hazardous material preparedness and response Net effect: financial burden shifts from general public onto users of HazMat

North Carolina Emergency Management E-Plan Reporting System Developed and maintained by University of Texas at Dallas Used by NC facilities and first responders since 2007 Most fiscally responsible option based on current cost estimates Existing fee collection module will be customized and modified for NC

North Carolina Emergency Management Implementation NCEM is working with UT-Dallas to customize fee collection module Multi-entity effort NCEM UT-Dallas NC OMB/Office of State Controller/NCDPS Controller Merchant Processor & Bank

North Carolina Emergency Management Implementation 1 st Year Automated fee calculation based on reported chemicals User self-certification of voluntary reports 2 nd Year Automated comparison against TPQs/reporting requirements

North Carolina Emergency Management Resources for Filers E-Plan is familiar, but fees are new Guidance will be made available on NCEM’s Tier II website (Now to late November) FAQ & Video Tutorial How to file Tier II reports in E-Plan Who needs to pay fees? How are fees calculated?

North Carolina Emergency Management Resources for First Responders No changes currently planned for the first responder interface Opportunities for the future Incorporating GIS, ERG data

North Carolina Emergency Management Resources Tech Hazards Team is available for technical assistance Available by phone and LEPCs, Area Meetings, or as requested

North Carolina Emergency Management Challenges Current legislation does not include a robust enforcement mechanism or funding for outreach Maintaining and increasing Tier II reporting rates will depend on cooperation between local EMAs, LEPCs, and NCEM. Reversion & Per Entity Cap

North Carolina Emergency Management Opportunities Potentially a more stable source of RRT funding vs. declining appropriations Additional source of funding for local hazardous materials response planning Target gaps not covered by federal grants Possibility of working with E-Plan to develop additional planning capabilities

North Carolina Emergency Management Timeline 14 August 2014: Public announcement and vendor notification (Granville LEPC) Mid August-Mid October: Implement fee collection system 2 nd Week of November: Beta testing with UT-Dallas Mid October-November: NCEM rollout of training materials 1 January 2015: Beginning of 2014 Tier II reporting season 1 March 2015: Close of 2014 Tier II reporting season

North Carolina Emergency Management POC for Tier II Questions David Powell EPCRA Program Manager 1636 Gold Star Drive Raleigh, NC (o) Matt Kemnitz Tech Hazards Supervisor (acting) 1636 Gold Star Drive Raleigh, NC (o) (c)

North Carolina Emergency Management Thank you & Questions Matt Kemnitz Technological Hazards Supervisor (acting) North Carolina Emergency Management 10/14/2014