Superfund Amendments & Reauthorization Act (SARA TITLE III) OR Emergency Planning & Community Right-to-Know Act (EPCRA) Presented by Ian Ewusi IERC Field Representative 6/29/2010

EPCRA Regulations EPCRA Regulations AMENDMENTS 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 ] Amended  Emergency Notification—Section 304 & Comprehensive Environmental Response, Compensation, Liability Act CERCLA 103 [40 CFR Parts 302 & ] Amended  Hazardous Chemical Reporting—Sections 311 & 312 [40 CFR Part 370] Amended  Toxic Chemical Reporting—Section 313 [40 CFR Part 372]

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 (100 µ ) 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 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)

 Sections 302 & 303 (Emergency Planning)  Presence of one or more EHSs over TPQ  Report within 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 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 Exemptions Hazardous Chemical Reporting Sections 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

Toxic Chemical Reporting Section 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 State—IDEM

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

 Use options 1 or 2 to determine whether the threshold quantity is present for hazardous chemical mixtures that do not contain any EHSs 1. Add together the quantities present in pure form and as components in all mixtures 2. 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

 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 Amendment Summary Continued

EPCRA Reporting Options Sections 302, 311 & 312 State: Free Online Reporting— ONLY method after 2010 myIDEM ( general info ) ( reporting )LEPC: Tier2 Submit Free software yosemite.epa.gov/oswer/ceppoweb.nsf/content/tier2.htm Paper r Paper reporting by mail ( Fire Departments: Paper Paper reporting by mail (

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 CRKT(2785) NEW Submit signed Indiana Electronic Subscriber Agreement (IESA) form to IDEM prior to completing any reports electronically Start IESA submission IMMEDIATELY Mail original signed IESA form to IDEM Attn: Julian Mills MC 66-30, IGCN RM North Senate Avenue Indianapolis, IN 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

IESA Completion You will receive an 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

Workspace Access Facility Information

Sample IESA Form (page 1)

Step 1 Select Facility

Step 2 Enter 1 st -time Filer Information

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

Step 4 Enter Reporting Year

Step 5 Enter Additional Contact Information

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

Step 7 Enter Chemical Inventory Information

Step 8 Enter Storage Information

Step 9 Upload Attachments (site plans) You must attach a site plan

Step 10 Certification By user or approved agent If IESA Role is not LEGAL AUTHORITY

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

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

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

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

Step 15 Confirmation Screen

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:  Barbara Humphrey Program coordination and reporting information (317)  Nick Staller IESA registration & website information (317)  Julian Mills IESA registration authorization (317)  Ian Ewusi Statute & technical information

Ian Ewusi IERC Field Representative