1. Emergency Planning and Community Right-to-Know Act Tier II Inventory Form Preparing to Submit Part 1 of 2 October 2014 1

2. Topics Purpose of forms Who has to submit What chemicals are included/excluded Reporting thresholds Confidential information Related regulatory programs 2

3. Purpose of Forms EPA requires facilities to provide specific information on hazardous chemicals present at your facility to state and local officials and the public – Especially important for emergency responders 3

4. Who Has to Submit, A facility that has hazardous chemicals present in an amount equal to or greater than its reporting threshold, OR A facility that has been designated for emergency planning purposes, after public notice and opportunity for comment, by one of the following three entities: – The State Emergency Response Commission (SERC). – The Governor of the State in which your facility is located. – The Chief Executive Officer of the Tribe for the Indian Tribe under whose jurisdiction your facility is located 4

5. What Hazardous Chemicals Are Excluded? Foods, food additives, color additives, drugs, or cosmetics regulated by the Food and Drug Administration (FDA). Substances present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use. Substances 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. – In a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; or – In routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer. Items exempt from requirement to prepare SDS under OSHA Hazard Communication (HazCom) Standard (29 CFR 1910.1200)(b)(6) 5

6. What Hazardous Chemicals Are Included? safety data sheet (SDS) Anything that you have a safety data sheet (SDS) for OR Meets OSHA’s definition of a hazardous chemical – 29 CFR 1910.1200(c) Start with the facility's list of hazardous chemicals – Required under OSHA Hazard Communication (HazCom) Standard (29 CFR 1200)(e)(1)(i) 6

7. Reporting Thresholds Based on maximum amount stored in calendar year – Gasoline at retail station: 75,000 gallons* – Diesel fuel at retail station: 100,000 gallons* – Extremely hazardous substances (EHS): – Extremely hazardous substances (EHS): 500 pounds Listed in 40 CFR Part 355 – Appendix A: Alphabetical – Appendix B: CAS Number Order – All other hazardous chemicals: 10,000 pounds Get year-end/monthly inventories of hazardous chemicals. * If in compliance with EPA Underground Storage Tank (UST) requirements (40 CFR 280) 7

8. What About Mixtures To determine the quantity (in pounds) of the hazardous chemical in a container, multiply the concentration of the hazardous chemical (in weight percent) by the weight (in pounds) of the mixture in the container. – If the concentration of a hazardous chemical is less than or equal to one percent in the mixture, you do not have to count that hazardous chemical. If an EHS is present in a mixture If an EHS is present in a mixture, determine the total quantity of the EHS present throughout your facility at any one time, by adding together the quantity present as a component in all mixtures and all other quantities of the EHS – You must include the quantity present in a mixture even if you are also counting the quantity of that particular mixture toward the threshold level for that mixture. If a mixture does not contain an EHS If a mixture does not contain an EHS, determine either: – The total quantity of the hazardous chemical present throughout your facility at any one time by adding together the quantity present as a component in all mixtures and all other quantities of the hazardous chemical OR You must include the quantity present in a mixture even if you are also applying that particular mixture as a whole toward the threshold level for that mixture – The total quantity of that mixture present throughout your facility at any one time. 8

9. Putting It All Together For hazardous chemicals that are stored in quantities greater than 500 pounds – Review SDSs – List hazardous chemicals Include Chemical Abstracts Service (CAS) number Include concentration of each component – Cross-reference facility hazardous chemicals list with EHS list This is where CAS numbers come in handy – If quantity stored is greater than reporting threshold, chemical must be included in Tier II inventory form. 9

10. Trade Secrets and Confidential Information Trade secrets – You may be able to withhold the name of a specific chemical when submitting MSDS reporting or inventory reporting information if that chemical name is claimed as a trade secret Confidential location information. – You may request that the SERC or the LEPC not disclose to the public the location of any specific chemical required to be submitted in Tier II information. Talk to your facility security and business development folks to find out if any information about hazardous chemicals and/or their location should not be reported. 10

11. Other Information to Start Gathering Get facility location – Use Google “What’s here” for lat/long Know the maximum number of occupants – Include contractors & vendors Get names of officially designated representative – Go to 40 CFR 122.22 for definition Get North American Industry Classification System (NAICS) code – Visit http://www.census.gov/eos/www/naics/http://www.census.gov/eos/www/naics/ 11

12. Do Other Related Regulations Apply to Your Facility? Emergency planning (40 CFR Part 355) – EHS stored in quantity greater than threshold planning quantity – Need to notify state Chemical accident prevention (40 CFR Part 68) – Greater than threshold quantity of any of the 77 substances listed in 40 CFR 68.130 – Need to prepare and submit Risk Management Plan to EPA Toxic release inventory (40 CFR Part 372) – Applies to substance listed in 40 CFR 372.65 – long list – Need to prepare and submit Form R to EPA, if facility Manufactured greater than 25,000 pounds Otherwise used greater than 10,000 pounds 12

13. Next Training Session State requirements Filling out the form(s) Certifying information Submitting the form(s) 13

14. References EPA Regulations – Electronic Code of Federal Regulations (CFR) (www.ecfr.gov)www.ecfr.gov – Title 40 – Protection of Environment – Part 370 – Hazardous Chemical Reporting Community Right-to- Know OSHA Regulations – www.osha.gov www.osha.gov – Regulations tab – General industry sub-tab – 1900.1200 – Hazard Communication Tier II Inventory Form Instructions – http://www2.epa.gov/epcra http://www2.epa.gov/epcra 14

15. Questions? Sara Thomas simple.harmonic@hotmail.com 15