TIER II Reporting Nebraska

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TIER II Reporting(Nebraska)

• Don Gansert
• Managing Consultant
• February 19, 2009

trinityconsultants.com
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Right to Know Program

• Bhopal, India disaster killed or serious injured
  approximately 2,000 people
• To reduce the likelihood of such a disaster in
  the United States, the Emergency Planning and
  Community Right-to-Know Act (EPCRA) was passed in
  response to concerns regarding the storage and
  handling of toxic chemicals.
• Emergency Planning and Community Right-to-Know
  Act (EPCRA) establishes requirements for federal,
  state and local governments, Indian Tribes, and
  industry regarding emergency planning and
  "Community Right-to-Know" reporting on hazardous
  and toxic chemicals.  
• Provides the public access to information on
  chemicals at facilities, their uses, and releases
  into the environment.  

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Nebraska Emergency Management Agency(NEMA)

• The NEMA website http//www.nema.ne.gov/
• The NEMA Right to Know link http//www.nema.ne.g
  ov/index_html?page/content/SERC/righttoknow.html
• Sections 81-15,191 to 81-15,235 cited as the
  Nebraska Emergency Planning and Community Right
  to Know Act
• Definition of an EHS
• According to 81-15,198 defines EHS as a substance
  which meets the threshold requirements identified
  on the List of EHS under 40 CFR Part 355,
  Appendices A and B
• Definition of a hazardous chemical
• According to 81-15,201 defines a hazardous
  chemical as having the same meaning as in 29 CFR
  1910.1200(c)
• Definition of a hazardous substance
• According to 81-15,202 defines a hazardous
  substance as having the same meaning as in 40 CFR
  302, Table 302.4
• Inventory Form
• Chemical inventory form required to be prepared
  by an owner or operator of a facility with
  MSDS-requiring hazardous chemicals on-site
• List of Chemicals
• Chemical list includes the hazardous chemicals
  for which a material safety data sheet is
  required under OSHA

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Notifications

• For an EHS exceeding threshold planning
  quantities (TPQs), the facility shall notify the
  commission and the LEPC of the chemical within 60
  days of exceeding the TPQ
• For facilities which have an MSDS for a hazardous
  chemical shall submit a copy of each MSDS or a
  list of the hazardous chemicals exceeding the TPQ
  within three months to the following
• LEPC,
• Commission coordinator for information, and
• Fire Department with jurisdiction over the
  facility

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Hazardous Chemical Exemptions

• Any food, food additive, color additive, drug, or
  cosmetic regulated by the federal Food and Drug
  Administration
• Any substance present as a solid in any
  manufactured item to the extent exposure to the
  substance does not occur under normal conditions
  of use
• Any substance to the extent it is used for
  personal, family, or household purposes or is
  present in the same form and concentration as a
  product packaged for distribution and use by the
  general public
• Any substance to the extent it is used in a
  research laboratory or a hospital or other
  medical facility under the direct supervision of
  a technically qualified individual or
• Any substance to the extent it is used in routine
  agricultural operations or is a fertilizer held
  for sale by a retailer to the ultimate consumer.

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TIER II Report

• According to 81-15,224 requires facilities to
  prepare a TIER II report annually on or before
  March 1 for hazardous chemicals meeting the TPQ
• Reports submitted to
• LEPC
• Commission coordinator, and
• Fire Department with jurisdiction over the
  facility
• The hazardous chemical reporting threshold is
  10,000 pounds on site at any time during the
  preceding calendar year.
• The facility to provide the following information
  on the Tier II form
• Chemical name or common name as provided on MSDS
• Estimate in ranges of max amount present
• Estimate in ranges of the average daily amount
• Brief description of the manner of storage
• Location at the facility
• Indication of whether the owner elects to
  withhold location information for a specific
  hazardous chemical

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Inventory Review

• Walk the facility
• Compare actual chemical storage to inventory
  records
• Verify chemical locations and type of storage
  units
• Review MSDSs, note if EHS present
• Use current MSDSs, most facilities have hard
  copies older than 5 years
• Develop table or spreadsheet
• List each EHS by in mixture
• List each hazardous chemical by in mixture
• Calculate the total quantity of each EHS and
  hazardous chemical
• Compare each EHS and hazardous chemical to the
  TPQ
• Once you have determined which chemicals are
  above the TPQ, fill out the Tier II report form

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Tier II Form
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Electronic TIER II Report

• If you want to submit electronically, go to
• EPA Website
• http//www.epa.gov/OEM/content/epcra/statetier2.ht
  m
• Then click Nebraska
• Or
• Go to Nebraska Website
• http//iis.deq.state.ne.us/iis/jsps/tl3/facilityAc
  cess/templates/tier2Welcome.jsp
• To enter TIER II Form Submission System
• Click
• TIER II Form Submission System to Register for
  online system,
• The facility must
• Enter Facility ID and
• Password
• Note Anyone can search for TIER II reporting
  facilities
• The system will allow users to re-enter system to
  make changes or to reprint or save Tier II forms

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Updates

• On October 17th, 2008, EPA finalized several
  changes to the Emergency Planning and Community
  Right-to-Know Act (EPCRA) regulations
• Changes to Forms
• Tier I and Tier II forms and instructions have
  been removed from the CFR. The forms and
  instructions are now located on EPAs website
  www.epa.gov/emergencies
• Reporting of North American Industry
  Classification System (NAICS) code on Tier I and
  Tier II
• Chemical or common name of the chemical as
  provided on the MSDS must be provided on the Tier
  II form
• Mixtures
• For EHS, in determining threshold quantity,
  facilities must include total quantity of the EHS
  present in the pure form as well as in any
  mixture, even if any mixture including the EHS is
  also being reported as a hazardous chemical
• For hazardous chemicals in mixtures (that do not
  contain any EHS), facilities have two (2) options
  in determining the threshold quantity
• 1 Add together the quantity present in its pure
  form and as a component in all mixtures (even if
  the mixture is also being reported as a hazardous
  chemical, or
• 2-- Consider the total quantity of each mixture
  separately

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Questions?