Are you required to submit reports under the Emergency Planning and Community Right to Know Act (EPCRA)? If you are not sure about your potential reporting obligations in 2015, we have provided what we hope is a brief, but helpful, blog.
Who is Required to Complete a Tier II EPCRA Report?
Tier II reporting is NOT just for typical “smoke stack” industries. Section 312 of SARA, specifies that if your facility is required under the OSHA Hazard Communication Standard to prepare or have MSDSs on hand, then you may be required to submit annual emergency and hazardous chemical inventory forms under EPCRA.
The Tier II forms are submitted to the state emergency response commission, the local emergency planning commission, and local fire department. Also, you should note that local and state regulators can, and often do, require additional reporting.
The Tier II threshold reporting levels (for chemicals stored on site are):
- the threshold planning quantity (TPQ) or 500 pounds at any one time, whichever is less, for extremely hazardous substances (EHS);
- 10,000 pounds at any one time for hazardous substances.
Also note that the reporting threshold for retail gas stations is 75,000 gallons for gasoline and 100,000 gallons for diesel fuel.
The reporting deadline for Tier II reporting is March 1st of each year.
Helpful Hint: Don’t forget to account for lead-acid batteries, such as those used in forklifts and other material-handling equipment. Depending on the size of the batteries, the sulfuric acid contained within these types of batteries can easily exceed the TPQ of 1,000 pounds.
Who is Required to Complete a TRI Report?
Unlike the Tier II reporting, a SARA Section 313 Toxics Release Inventory (TRI) report is more typically associated with industrial manufacturing. If you meet all of the following, you are required to submit a TRI report:
- Your facility is a “covered industry” (defined by SIC code), which includes manufacturing, mining, utilities, chemical production, and more.
- Your facility has 10 or more full-time employees. This includes equivalent hours for full/part time employees.
- Your facility manufactured (including imported), processed, or otherwise used a “toxic chemical” in excess of the threshold quantity during the calendar year.
The quantities that trigger TRI reporting include
- 25,000 pounds manufactured or processed, or
- 10,000 pounds otherwise used
Also note that certain Persistent Bioaccumulative Toxic (PBT) Chemicals have lower reporting thresholds. There are currently 16 PBT chemicals and 4 PBT chemical-compound categories subject to TRI reporting. For more information on PBT Chemicals, see the EPA’s website.
TRI Reports are due July 1st of each year.
For those who have TRI reporting obligations, you should note that the EPA is making considerable “noise” about their enforcement efforts under TRI and is routinely offering training programs to many communities.
Helpful Hint: Section 313 contains an exemption for items that are processed at a facility but do not release any chemicals during the processing. The Article Exemption applies when the items:
- Are formed to a specific shape or design during manufacture,
- Have end-use functions dependent in whole or in part upon its shape or design, and
- Do not release a toxic chemical under normal circumstances of processing or otherwise use of the item at the facility.
This is a very brief, and by no means exhaustive, overview of EPCRA reporting requirements. I would encourage you to work closely with your environmental advisory firm to make sure you understand what your reporting obligations might be and if they may have changed for 2015.
If you have any questions or need assistance with your EPRCA reporting, please feel free to contact me at 248-932-0228, ext. 117, or via email mschroeder@dragun.com.