Superfund Amendments & Reauthorization Act (SARA TITLE III) OR Emergency Planning & Community Right-to-Know Act

1. 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

2. 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]

3. 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)

4. 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)

5. 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

6. 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)

7. 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

8. 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

9. 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

10. 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

11. 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.

12. 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)

13. 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

14. 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

29. Workspace Access Facility Information

30. Sample IESA Form (page 1)

34. Sample IESA Form (page 1)

35. Sample IESA Form (page 1)

36. 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

37. 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

38. Step 1 Select Facility

39. Step 2 Enter 1st-time Filer Information

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

41. Step 4 Enter Reporting Year

42. Step 5 Enter Additional Contact Information

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

44. Step 7 Enter Chemical Inventory Information

45. Step 8 Enter Storage Information

46. Step 9 Upload Attachments (site plans) 1st Time filers must attach a site plan

47. Step 10 Fee Information

48. Step 11 By user or approved agent? If IESA Role is not LEGAL AUTHORITY

49. Step 12 Certification & Print Option

50. Step 13 eSignature Verification