USEPA Announces Significant Changes to EPCRA Tier II Reporting
The USEPA recently took action to amend certain aspects of its Tier II reporting requirements as outlined in the Emergency Planning and Community-Right-to-Know Act (EPCRA). According to the USEPA website:
Summary of USEPA Action
On July 3, 2012, EPA amended the Emergency and Hazardous Chemical Inventory Forms under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) to add new data elements and revise some existing data elements. The amendments are intended to meet the purpose of EPCRA, which is “…to encourage and support state and local planning for emergencies caused by the release of hazardous chemicals and to provide citizens and governments with information concerning potential chemical hazards present in their communities.”
• respond to stakeholder requests, EPA is proposing to add new data elements to the Tier I and Tier II forms in an effort to make the forms more useful for state, local, and tribal agencies;
• make reporting easier for facilities;
• are intended to provide clarity in reporting while maintaining protection of human health and the environment; and
• may impose minimal reporting burden on facilities since the data elements proposed are readily available to the facility. Revising the existing data elements will make the forms more user-friendly and ease reporting requirements for facilities.
Organizations and facilities subject to section 312 of EPCRA and its implementing regulations found in 40 CFR 370 may be affected by this rule.
Summary of Reporting Changes:
According to information found in the Federal Register Vol. 77, No. 135 dated July 13, 2012 the following information must now be reported on the Tier II report:
- Latitude & Longitude
- TRI Identification Number of reporting Tier II facility
- Location of hazardous chemicals storage & whether or not the storage area is manned or unmanned
- Maximum number of occupants that may be present at the facility at any one time
- Contact information of the facility emergency coordinator, Tier I & II contact information, and email addresses of the owner/operator, and emergency contacts
- Facilities must provide emergency coordinator contact information for facilities subject to EPCRA 302
- Additionally, for facilities subject to EPCRA 302 AND CAA 112(r) – RMP, page one of the revised Tier II inventory form must include the table of range codes & amounts for reporting maximum amount and daily average amounts.
- The form will add separate data fields for reporting pure chemical and mixtures in the chemical reporting section of the Tier II inventory form
- Facilities must provide a description for the storage types and conditions (instead of using reporting codes)
- The Tier II inventory form will be revised so that facilities can report additional State or local reporting requirements or to voluntarily report hazardous chemicals that are present below the reporting thresholds
- Rule goes into effect January 1, 2014
- Facilities should take note and make sure that during CY2013 that they collect the necessary information so that they can properly prepare information that must be included on the new Tier II report which will be due March 1, 2014
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