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6.1
Chemical and Hazardous Substance Inventory
The information and sources in this chapter will help you determine your regulatory status for:
Figure 6.1 below shows the process you should follow in managing your facility’s SARA requirements. The first step in managing your facility's possible EPCRA requirements is to conduct a facility-wide inventory for the type and volume of all chemicals and hazardous substances. Once the inventory is complete, you must then determine if your facility is regulated by EPCRA. If your facility is EPCRA regulated, be sure to determine your reporting and notification requirements. Figure 6.1
6.1 Chemical and Hazardous Substance Inventory The first step in identifying which EPCRA regulations apply to you is to conduct a facility-wide survey of all chemicals, hazardous substances ("HS"), and extremely hazardous substances ("EHS") used at your facility. You will need to identify and document the chemicals, their physical states, and maximum quantity present at any one time of each chemical and hazardous substance. The best sources for this information will most likely be your facility's purchasing and operations departments. Remember, you need to determine what the maximum quantities at any one time are for each of your identified chemicals and hazardous substances. Once complete, it will be easier for you to determine if your facility is regulated by EPCRA. 6.2 Emergency Planning Notification and Emergency Coordinators (EPCRA 302/303) 6.2.1 Determine Applicability of EPCRA 302/303 Your facility must notify State of Ohio Emergency Response Commission ("SERC") under Section 302 if it has present an amount of any of the Extremely Hazardous Substances ("EHS") that meets or exceeds the threshold planning quantity ("TPQ"). The EHSs can be found in Appendices A and B of 40 CFR 355 as well as in EPA's "Title III List of Lists." Refer to Figure 6.2 and the following narratives to help you further determine your regulatory applicability under EPCRA Sections 302/303. In the "Title III List of Lists," the EHSs are those chemicals with a number listed under the column titled "Section 302 (EHS) (TPQ)." The TPQ is the amount, in pounds, that triggers the reporting requirements under Sections 302/303. An EHS that is a solid in its natural chemical state is assigned two TPQs. The lower TPQ (on the left) applies only if the solid: (1) exists in powdered form and has a particle size of less than 100 microns, or (2) is handled in solution or molten form, or (3) meets the criteria for a National Fire Protection Association ("NFPA") rating of 2, 3, or 4 for reactivity. If the solid does not meet any of these criteria, it is subject to the upper TPQ (on the right). To determine whether your facility has an EHS that meets or exceeds the TPQ, you must determine the total amount of that substance present at any one time at the facility, regardless of location, duration, or number of containers. Solutions in excess of one (1) percent must also be included in the determination.
Figure 6.2
1 The Threshold Planning Quantity’s (TPQ’s) can be found in both 40 CFR 355 Appendices A and B, and the EPA “Title III List of Lists.” For mixtures and solutions, there are two (2) ways to calculate the amount of any EHS:
For both cases, compare the total EHS weight to the appropriate TPQ. If the EHS weight is equal to or greater than the TPQ, again you are most likely regulated under EPCRA Sections 302/303. 6.2.2 Regulatory Requirements If your facility contains an EHS above the TPQ (a condition determined through the use of Figure 6.2), you must notify the State of Ohio Emergency Response Commission ("SERC") and your Local Emergency Planning Committee ("LEPC") within sixty (60) days of acquiring the EHS. This is a one-time notification, and a separate notification must be made for each facility. There is no special form required for this notification. It is recommended that a letter be submitted to the SERC on company letterhead explaining that the facility is subject to the notification requirements of EPCRA Section 302 in accordance with the requirements found at OAC 3750-20-05. This fulfills your facility’s Section 302 requirement. Any facility subject to Section 302 (i.e. a company required to notify the SERC) must also inform the LEPC with the name and telephone number of a facility contact person designated the Emergency Coordinator ("EC"), in accordance with EPCRA Section 303. The role of the EC is to provide the LEPC with current and necessary data needed to develop local emergency response plans. These plans are developed by the LEPC with assistance from the EC's; facilities are not required to develop on their own local emergency response plans under Section 303. The EC must contact the LEPC of any significant changes at the facility, including changes in the EC. Note: Any change in the identity of the owner/operator of a facility requires a new notification. 6.3 Emergency Release Notification (EPCRA 304) 6.3.1 Determine Applicability of EPCRA 304 Section 304 requires the facility owner or operator to report releases of certain chemicals. There are two types of chemicals that require reporting under this section:
Refer to Figure 6.3 to determine your requirements under EPCRA Section 304. Both the EHSs and the CERCLA HSs are found in EPA's "Title III List of Lists." For the purposes of triggering the notification requirements of Section 304 and CERCLA HSs, you are concerned with the listed Reportable Quantity ("RQ") that has been assigned to the chemicals on these two lists.
Figure 6.3 6.3.2 Regulatory Requirements If an amount equal to, or greater than, the RQ is released or spilled from a fixed facility, notification (to the required authorities) must be made immediately (i.e. within 30 minutes). First you need to gather the pertinent release information. The information you need to provide in your emergency notification includes:
A list of Emergency Release Notification Contacts and contact numbers should be created for your facility. The list is a reference and should be periodically updated by your facility’s EC. This list should have the names and numbers of all the people and agencies that require notification, including:
Note: All CERCLA Hazardous Substance releases over their respective RQs must be reported to the National Response Center regardless of whether the exposure extends off-site or is contained on-site. In the event that the release is transportation related, Section 304 requirements can be met by calling 911 or, in the absence of a 911 system, contacting the local operator to notify emergency personnel. Section 304 does not apply to any release of an EHS that results in exposure to persons solely within the site on which the facility is located. However, caution dictates that notification be made anyway, unless you are certain that the release will not result in exposure to persons outside the site. As soon as practicable (i.e. within 30 days) after a release which requires notification, the owner or operator of the facility must provide written follow-up notice. The written follow-up notice must include:
This follow-up notice must be sent to the:
6.4 Material Safety Data Sheets and Chemical Inventory Reporting (EPCRA 311/312)
The applicability of this section is dependant on the chemicals in use, and whether or not they are listed as an EHS or as hazardous by OSHA. The chemicals covered under Sections 311 and 312 are:
Refer to Figure 6.4 and the following narrative to determine your regulatory requirements under EPCRA Sections 311/312. OSHA
Classification The following is a brief description of the five hazardous characteristics (OSHA Hazard Communication Standard, 29 CFR 1910.1200):
You should refer to the OSHA Standard when determining which chemicals OSHA defines as hazardous. Figure 6.4 Regulatory Determination for EPCRA Sections 311/312 - Material Safety Data Sheets and Chemical Inventory Reporting (ORC 3750.07 & ORC 3750.08)
6.4.2
Regulatory Requirements For compliance with Section 311, you must submit the MSDSs, or a list of the hazardous chemicals (as defined by OSHA), for all those chemicals that are above the quantity thresholds. The MSDSs, or list, must be submitted to:
Note: See OAC 3750-30-15 for additional requirements when submitting a list. This is a one-time reporting requirement. However, within three (3) months of discovering significant new information on a chemical, or upon acquiring a new chemical that is covered by Section 311, a facility must submit a MSDS or a list of those chemicals. A facility must submit a revised list, or an addition to the list, if the new information about that chemical changes the hazard category under which it falls, or if the facility acquires a new substance that meets or exceeds the threshold that was not included on the initial list. EPA may lower the threshold of 10,000 pounds for hazardous chemicals. If this happens, information will have to be submitted on the chemicals at or above the new threshold.
The facilities and chemicals covered by Section 312 are the same as in Section 311. The Ohio SERC requires all facilities subject to Section 312 reporting requirements to submit a Facility Identification Form (EPA 0316), an Emergency and Hazardous Chemical Inventory Form (Tier II) (EPA 0317), a facility map, and any other pertinent correspondence concerning this program. This is an annual reporting requirement due every March 1, and the information must be sent to:
The Ohio SERC manual, "Facility Reporting Compliance Manual," contains these EPA forms and other information (such as fees) you will need in fulfilling your Section 311/312 requirements. You must contact the Ohio SERC at 1-888-644-2260 to get your yearly-updated manual. The Ohio EPA also maintains a site containing the necessary reporting forms and instructions at; http://www.epa.state.oh.us/derr/serc/invforms.html. When completing the Tier II form, you may elect to withhold the name of a chemical because of Trade Secrets, in accordance with the criteria specified in EPCRA Section 322. If this applies to you, enter the generic class or category that is structurally descriptive of the chemical, and check the box marked "Trade Secret." The location of a specific chemical can also be withheld from disclosure to the public. If you elect to do this:
Note: The Ohio EPA's regulations applicable to the Section 311 and 312 requirements are codified in OAC 3750-30. 6.5
Toxic Chemical Release Inventory 6.5.1 Determining Applicability of EPCRA 313 In order to be covered under Section 313, a facility must:
Refer to Figure 6.5 to determine further your regulatory applicability under EPCRA Section 313. The Toxic Chemicals and the chemical categories regulated under Section 313 are marked with an "X" or "313 " in the column titled "313 " in EPA's "Title III List of Lists." They can also be found in 40 CFR 372.65. Figure 6.6 Regulatory
Determination for EPCRA Section 313-Toxic Chemical Release Inventory START
6.5.2 Regulatory Requirements A Toxic Chemical Release Form, "Form R" (EPA Form 9350-1), must be filled out annually by July 1 for each toxic chemical above the threshold amount. Facilities that release less than 500 pounds of a listed toxic chemical and that also do not manufacture, process, or otherwise use in excess of one million pounds of that toxic chemical over the annual reporting period, have the option of submitting a Certification Statement in lieu of the more detailed Form R. You must take care to retain all forms, data, information, documentation, etc. that relates to Section 313 reporting for at least three (3) years from the report submission date. Refer to 40 CFR 372.10 for the specifics of what needs to be kept on file. To obtain reporting forms and instructions, contact the Ohio SERC at (614) 644-4830, or submit written requests to:
These forms and instructions are also available on floppy disk. Be sure to specify in your request which media type you prefer. You may also obtain forms, reporting requirements, guidance documents and information on training by accessing the EPA website at http://www.epa.gov/opptintr/tri/. All reports must be submitted to the Ohio SERC, and to U.S. EPA at the addresses listed below.
State Emergency Response Commission
U.S. Environmental Protection Agency For detailed information concerning how to comply with Section 313, contact the Ohio SERC to request a copy of the most recent version of the Ohio SERC EPCRA "Facility Reporting Compliance Manual." You will also need the latest version of the U.S. EPA "Toxic Chemical Release Inventory Reporting Forms and Instructions." The regulations that correspond to the Section 313 requirements are codified at 40 CFR 372. Be sure to retain all forms, data, information, documentation, etc. that relates to Section 313 reporting for at least three (3) years from the report submission date. You should understand the specifics of what needs to be kept on file by consulting 40 CFR 372.10. Sources of Additional Information Ohio State Emergency Response Commission U.S. EPA Preparedness - Emergency Planning and Community Right-to-Know
Emergency Planning and Community Right-to-Know. Ohio Revised Code Chapter 3750 Facility Compliance Manual. Ohio State Emergency Response Commission, Columbus, Ohio (1994).
Toxic Chemical Release Inventory Reporting Forms and Instructions. Section 313 of the Emergency Planning and Community Right-to-Know Act. U.S. Government Printing Office, Washington, DC. Document EPA749-K-98-001.
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