As another year has just ended, businesses that store hazardous chemicals must begin addressing their annual reporting requirements under the Emergency Planning and Community Right-To-Know Act (EPCRA) Sections 311 and 312. Hazardous chemicals are defined as (1) any substances for which a business must maintain a Material Safety Data Sheet under (MSDS) OSHA’s Hazard Communication Standard (29 CFR 1910.1200) and (2) that are not excluded under EPCRA. Facilities covered by the EPCRA requirements must submit “Tier II” reports to the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and the local fire department by March 1st of each year. Tier II reporting is required for hazardous chemicals that are stored above specific threshold quantities at a facility.
The types of substances and the requirements for reporting are:
- Hazardous chemicals
- Hazardous chemicals stored in excess of 10,000 pounds, and
- Extremely Hazardous Substances (EHSs) stored in excess of 500 pounds or the Threshold Planning Quantity (TPQ), whichever is smaller.
- For retail gas stations, the threshold for reporting is 75,000 gallons, assuming the tank was stored entirely underground and in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements;
- For non-retail gas station facilities and facilities with above ground storage tanks, the reporting threshold for gasoline is 10,000 lbs.
- For retail gas stations, the threshold for reporting is 100,000 gallons, assuming the tank was stored entirely underground and in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements.
- For non-retail gas station facilities and facilities with above ground storage tanks, the threshold for diesel is 10,000 lbs.
A consolidated list of chemicals subject to specific reporting under EPCRA and their thresholds is available at http://www2.epa.gov/sites/production/files/2013-08/documents/list_of_lists.pdf.
Under Section 311 of EPCRA, facilities must submit the MSDSs or a detailed list of the chemicals they maintain to the SERC, LEPC, and local fire department. This is a one-time initial submittal that is due three months after the facility becomes subject to the OSHA regulations. Supplemental submittals of chemicals must be added to the initial list within 60 days after adding an Extremely Hazardous Substance to storage and 90 days for all other chemicals.
Facilities required to submit under Section 311 are also required to submit an annual inventory report for each hazardous chemical stored above its threshold quantity at any one time during the previous year. This report is due to the SERC, LEPC, and local fire department by March 1st of each year.
Additional information about EPCRA reporting is available at http://www2.epa.gov/epcra-tier-i-and-tier-ii-reporting. Indiana-specific reporting software is available at the IDEM Regulatory Services Portal at http://www.in.gov/idem/5290.htm.