Superfund Amendments

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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
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EPCRA RegulationsAMENDMENTS to 40 CFR Parts 355
and 370(Proposed 6/8/98, finalized on 10/17/08
and published 11/3/08

• Emergency PlanningSections 302 303
  40 CFR Part 355.30 Amended
• Emergency NotificationSection 304
  Comprehensive Environmental Response,
  Compensation, Liability Act CERCLA 103 40 CFR
  Parts 302 355.40 Amended
• Hazardous Chemical ReportingSections 311 312
  40 CFR Part 370 Amended
• Toxic Chemical ReportingSection 313 40
  CFR Part 372

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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 gt Powder form (100µ) or
• gt Molten form or
• gt Reactivity under the National
  Fire Protection Association rating of 2, 3, or
  4
  
• 10,000 lbs otherwise (level of lowest concern)

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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)

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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 LEPCNo 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

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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)

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ExemptionsHazardous Chemical ReportingSections
311 312

• SolidsTo the extent exposure does not occur
  under normal conditions of use
  (except when solid is modified and exposure can
  occur)
• FacilitiesMining
• TransportationSubstances in or being stored
  incident to transport
• SubstancesFDA-controlled for personal/household
  purposes, research labs/hospitals, and routine
  agricultural operations

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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)
• TimelineAnnual submission (due by July 1)
• Agencies
• EPACEPPO 800-535-0202
• StateIDEM 800-451-6027
• 317-232-8172

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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

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EPCRA Amendment SummaryContinued

• Use options 1 or 2 to determine whether the
  threshold quantity is present for hazardous
  chemical mixtures that do not contain 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

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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.

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EPCRA Reporting OptionsSections 302, 311 312

• State
• Free Online ReportingONLY method after 2010
  
• myIDEM www.in.gov/idem/5285.htm (general
  info)
• www.in.gov/idem/5290.htm (reporting)
• LEPC
• Tier2 Submit Free software
  yosemite.epa.gov/oswer/ceppoweb.nsf/content/tier
  2.htm
• Paper reporting by mail (www.in.gov/idem/la
  nd/crkt)
• Fire Departments
• Paper reporting by mail
  (www.in.gov/idem/land/crkt)

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Advantages of the States Online Method

• Previous years facility inventories are already
  in the states 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

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Overview-States 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.ht
  m
• 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

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Workspace Access Facility Information
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Sample IESA Form (page 1)
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Sample IESA Form (page 1)
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Sample IESA Form (page 1)
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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

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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

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Step 1 Select Facility
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Step 2 Enter 1st-time Filer Information
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Step 3 Enter Facility Information Note
Previously submitted facility information will be
pre-loaded
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Step 4 Enter Reporting Year
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Step 5 Enter Additional Contact Information
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Step 6 Enter Chemical Inventory Note Previous
year inventories will be pre-loaded
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Step 7 Enter Chemical Inventory Information
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Step 8 Enter Storage Information
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Step 9 Upload Attachments (site plans) 1st Time
filers must attach a site plan
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Step 10 Fee Information
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Step 11 By user or approved agent?
If IESA Role is not LEGAL AUTHORITY
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Step 12 Certification Print Option
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Step 13 eSignature Verification
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Step 14 eSignature Confirmation
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Step 15 Submission Confirmation
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Step 16 Printable Submittal Can be accessed
by clicking on the View link.
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Advantages of the States Online Method

• Previous years facility inventories are already
  in the states 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

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EPRCA Contact Information

• Barbara Humphrey
• Program coordination and reporting information
  bhumphre_at_idem.in.gov [phone]
• Nick Staller
• IESA registration website information
  nstaller_at_idem.in.gov [phone]
• Julian Mills
• IESA registration authorization
• jmills_at_idem.in.gov [phone]
• Ian Ewusi
• Statute technical information
• iewusi_at_dhs.in.gov [phone]

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Thank You
Ian Ewusi IERC Field Representative iewusi_at_dhs.in.
gov 317-695-2119