SARA TITLE III PROGRAM OVERVIEW

Transcription

1 SARA TITLE III PROGRAM OVERVIEW Michael Young Michigan SARA Title III Program - DEQ

2 HISTORY OF THE REGULATION Tragically on December 3, 1984 in Bhopal, India Union Carbide chemical plant Methyl isocyanate release 4,000 deaths 40,000 maimed & seriously Injured Plants defoliated Livestock died 2

3 HISTORY OF THE REGULATION The Bhopal tragedy sparked an overhaul of U.S. chemical reporting rules and in 1986, congress expanded and reauthorized the Superfund Act. Now Called: Superfund Amendments and Reauthorization Act of 1986 (SARA) SARA Title III = Emergency Planning and Community Right-to-Know Act (EPCRA) 3

4 SARA TITLE III IN MICHIGAN Federal Regulation Enforced by EPA Implemented under Executive Order from the Governor No complimentary State law 4

5 SARA TITLE III - COMPONENTS Emergency Planning Sections 302 & 303 Emergency Release Notification Section 304 Hazardous Chemical Inventory Sections 311 & 312 Toxic Chemical Release Inventory Section 313 5

6 SARA TITLE III - COMPONENTS Emergency Planning Sections 302 & 303 Emergency Release Notification Section 304 Hazardous Chemical Inventory Sections 311 & 312 Toxic Chemical Release Inventory Section 313 6

7 EMERGENCY PLANNING SECT. 302 FACILITY REQUIREMENTS A facility is subject to section 302 if it has an Extremely Hazardous Substance (EHS) at or above the Threshold Planning Quantity (TPQ) Non-reactive solid EHSs have 2 TPQs Lower TPQ applies if EHS is in Powder form, Solution, or Molten form 7

8 WHAT IS A TIER II REPORT? A report required under SARA Title III Section 312 of Hazardous substances at a facility that are above the threshold, Submitted annually to state and local officials, and Made available to the public upon request. 8

9 SARA TITLE III TIER II REPORTING Ask yourself the following questions regarding your facility s chemical storage Is your facility storing 10,000 pounds of a chemical that requires a Safety Data Sheet? Are you storing a chemical that has been identified as an Extremely Hazardous Substance (EHS)? Check your safety Data Sheet under the regulatory information section. Is your facility storing multiple chemicals that may be hazardous? (You may need to do a detailed inventory and quantify what you have stored on site). Does your facility have forklifts or equipment that require large lead acid batteries? Did your facility file a Tier ll Report last year or are you new and replacing someone who did Tier ll Reporting for your facility in the past?

10 WHO MUST SUBMIT A TIER II REPORT? The owner or operator of a facility If required under OSHA to prepare or have available SDSs for hazardous substances present at the facility, If exemptions do not apply, and If the threshold amount or more of a hazardous substance was present at the facility at any time during the past calendar year. 10

11 HAZARDOUS SUBSTANCES Hazardous Substances = all substances for which OSHA requires an SDS. There is NO LIST of these OSHA hazardous substances. 11

12 ALL SUBSTANCES COVERED BY SARA TITLE III OSHA: Tier II EHS: Emergency Plan & Release Report CERCLA: Release Report TOXIC: TRI RCRA hazardous waste CERCLA OSHA Hazardous (SDS required) EHS TOXIC CERCLA & EHS & TOXIC are in the List of Lists 12

13 HAZARDOUS SUBSTANCES Thresholds for reporting: OSHA hazardous substances = 10,000 pounds EHS = 500 pounds or TPQ (whichever is lower) Requests by LEPC/Fire Dept = zero pounds 13

14 TIER II THRESHOLD The threshold for reporting in response to requests is zero Requests can be made by the SERC, LEPC, Fire Dept with jurisdiction over facility 14

15 ONLINE REPORTING Tier II Manager Off-the-shelf program customized for Michigan. The program was rewritten on a new platform and includes new data elements. All facility reports must be entered in this online program. 15

16 ACCESS THE PROGRAM Access Tier II Manager SARA Title III Hazardous Chemical Inventory Click on the big brown button 16

17 ONLINE REPORTING 3 Types of Reports 1. Tier II Report Annual 2. Tier II Report Annual Revision 3. Tier II Report Update Use the UPDATE to keep the data current! Add and remove chemicals in real time. 17

18 ONLINE REPORTS & DUE DATES (see Pg 1-10) SARA Title III Description Report Due Date Section 312 Annual Hazardous chemical Inventory Tier II Report Annual & Revision Annually by March 1 Section 311 Initial Hazardous Chemical Inventory Tier II Report Update &/or Annual Within 3 months after threshold reached Section 302 Emergency Planning Notification Tier II Report Update &/or Annual Within 60 days after threshold reached 18

19 SARA TITLE III - COMPONENTS Emergency Planning Sections 302 & 303 Emergency Release Notification Section 304 Hazardous Chemical Inventory Sections 311 & 312 Toxic Chemical Release Inventory Section

20 EMERGENCY RELEASE NOTIFICATION SECTION Hazardous Substances (CERCLA - published list) 355 Extremely Hazardous Substances (EHS) (SARA Title III- published list) Reportable Quantity (RQ) List of Lists has reportable chemicals and RQs 20

21 EPA S LIST OF LISTS CERCLA - Hazardous SARA Title III EHS Toxic (section 313) CAA - Extremely Hazardous Air Pollutant - section 112(r) Updated March

22 LIST OF LISTS 22

23 LIST OF LISTS CAS = Chemical Abstracts Service number EHS = Extremely Hazardous Substance TPQ = Threshold Planning Quantity RQ = Reportable Quantity CAA = Clean Air Act TQ = Threshold Quantity Amounts in POUNDS 23

24 LIST OF LISTS Ammonia Section 302 (EHS) TPQ = 500 Section 304 EHS RQ = 100 CERCLA RQ = 100 Section 313 = 313 RCRA Code = none CAA 112(r) TQ = none 10,000 if anhydrous 24

25 25 SARA Title III Section 304 Ammonia Release CERCLA Hazardous substance Extremely Hazardous Substance (EHS) lbs 100 Ammonia released to the environment that migrates beyond facility boundaries.

26 EMERGENCY RELEASE NOTIFICATION FACILITY REQUIREMENTS There are 28 state and federal regulations with release reporting requirements that apply in Michigan. Permits, licenses, local ordinances, contingency and pollution prevention plans might have additional release reporting requirements. Significant changes to Part

27 EMERGENCY RELEASE NOTIFICATION Immediately (within 15 mins) notify: 911 LEPC SECTIONS 304 SERC DEQ Pollution Emergency Alerting System (PEAS) Or MDARD Hotline (Agriculture) U.S. Coast Guard National Response Center (NRC) Follow-up report to SERC & LEPC 27

28 EMERGENCY RELEASE NOTIFICATION FACILITY REQUIREMENTS Bottom Line: For any release, IMMEDIATELY notify: LOCAL 911 STATE PEAS FEDERAL NRC Then assess the situation and make additional notifications as required. 28

29 SARA TITLE III - COMPONENTS Emergency Planning Sections 302 & 303 Emergency Release Notification Section 304 Hazardous Chemical Inventory Sections 311 & 312 Toxic Chemical Release Inventory Section

30 TOXIC CHEMICAL RELEASE INVENTORY (TRI) - SECTION 313 Annual TRI Report due by July 1 st Submit Form R to via TRI-MEweb: Michigan SARA Title III Program EPA Toxic = ~ 650 listed chemicals & chemical compounds Cumulative releases & waste transfers Release = allowed and accidental Subject facilities 30

31 TOXIC CHEMICAL RELEASE INVENTORY Subject Facilities: (TRI) - SECTION 313 At least 10 full time employees Subject North American Industrial Classification System (NAICS) codes Amount manufactured*, processed, or otherwise used exceeds a toxic chemical activity threshold *Manufacture includes chemicals created as an impurity or byproduct 31

32 TIER II REPORT & ONLINE REPORTING QUESTIONS? MICHIGAN SARA TITLE III PROGRAM SARA ( ) 32