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How-to-Comply Manual

  

TABLE OF CONTENTS

Introduction
List of Acronyms
EPCRA Telephone Numbers and/or Addresses
Local Emergency Planning Committee Map
Section 302 - Chemical Notification
Section 303 - Facility Representative Designation
Section 304 - Emergency Release Notification
Section 311 - Material Safety Data Sheets (MSDSs)
Sections 311 and 312 Reporting Exemptions
Hazard Category Comparison
Sample MSDS Request Letter
Section 312 - Chemical Inventory
Section 313 - Toxic Chemical Release Forms
Fees
Section 322 - Trade Secret Protection
Section 323 - Information for Health Professionals
Section 324 - Public Availability of Information
Section 325 - Federal Enforcement Penalties
Section 326 - Civil Actions
Section 327 - Exemption for Transportation

APPENDICES

A - Consolidated List of Chemicals
B - Reporting Forms and Instructions Package
C - Tier Two Confidential Location Information Sheet

 

INTRODUCTION

This document is designed to help a facility owner or operator comply with the reporting requirements of the Emergency Planning and Community Right-To-Know Act (EPCRA), Title III of the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. s. 11001, et seq. (SARA) and the Florida Hazardous Materials Emergency Response and Community Right-to-Know Act of 1988, Chapter 252, Part II, Florida Statutes.  Any facility, public or private that has present hazardous materials at or above established threshold amounts may potentially be subject to this law.  Because EPCRA is complex and has multiple reporting requirements, the State Emergency Response Commission (SERC), a policy board appointed by the Governor, developed this manual to assist facilities in meeting the state and federal requirements.

EPCRA is administered by the U.S. Environmental Protection Agency (EPA) and implemented by the Florida Division of Emergency Management.  The purpose of this law is to encourage emergency planning efforts at the state and local levels and to increase the public's access to information about the potential chemical hazards that may exist in their communities.  The data collected is used by 11 Local Emergency Planning Committees (LEPCs) to develop hazardous materials emergency plans to use in responding to and recovering from a release or spill of hazardous or toxic substances.  These plans are reviewed and approved by the SERC.  All of the chemical data collected, as well as the plans, are available for the general public to review upon request.

EPCRA is divided into three subtitles:

1) SUBTITLE A: Deals with emergency planning and notification of a hazardous materials incident
(Sections 301 through 304).
2) SUBTITLE B: Deals with the reporting of hazardous chemical inventories and toxic releases
(Sections 311 through 313).
3) SUBTITLE C: Deals with administration, enforcement and trade secret protection
(Sections 321 through 330).

NOTE: It is important to review each section independently of one another to determine whether your facility needs to comply with a particular section.

EPCRA utilizes the following three chemical lists and one chemical grouping:

1) the list of Extremely Hazardous Substances (EHSs);
2) the list of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
hazardous substances
; and
3) the Toxic Chemicals.

These three lists are found in the "Title III List of Lists," Appendix A

The referenced grouping of chemicals is those hazardous chemicals for which the Occupational Safety and Health Administration (OSHA)  requires a Material Safety Data Sheet (MSDS) to be maintained.  There is no list of these chemicals because approximately 500,000 chemicals and mixtures are covered.  OSHA defines a hazardous chemical under the Hazard Communication Standard as any chemical (element, compound, or mixture of elements and/or compounds) which is a "Physical Hazard" or "Health Hazard."  These four chemical groups were developed by EPA and the United States Department of Labor.  There is nothing in EPCRA which pre-empts any federal, state or local law.  The EPCRA reporting requirements are in addition to the requirements of any other laws to which you are subject. Additional information on hazardous chemicals and the Hazard Communication Standard can be found in 29 CFR 1910.1200 and the August 24, 1987 Federal Register, 52 FR 31852.

 In order to complete the reporting requirements under Sections 312 and 313, you will need to provide each facility's Standard Industrial Classification (SIC) Code and Dunn and Bradstreet number.  These can be obtained from the financial officer of your facility.  The SIC Code can also be found on your unemployment compensation insurance documents, searching for it on the Internet or by calling DCA, at (800) 635-7179 (Florida only).  If your firm does not have a Dunn and Bradstreet number, you may contact one of the regional offices of Dunn and Bradstreet to have a number assigned.  In Florida, the telephone number of the regional office of Dunn and Bradstreet is:  

Fort Lauderdale - (954) 472-0732 or (800) 234-3876

 NOTE:  Since current rules and regulations regarding additions, deletions and other requirements manifest legislative changes, it is the responsibility of the facility owner or operator to adjust reporting procedures to reflect any changes in the law.  

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LIST OF ACRONYMS

CAS Number - Chemical Abstract Service Number
CERCLA - Comprehensive Environmental Response, Compensation and Liability Act
CFR - Code of Federal Regulations
DCA - Department of Community Affairs
EHS - Extremely Hazardous Substance
EPA - Environmental Protection Agency
EPCRA - Emergency Planning and Community Right-To-Know Act
LEPC - Local Emergency Planning Committee
MSDS - Material Safety Data Sheet
NFPA - National Fire Protection Association
NRC - National Response Center
OSHA - Occupational Safety and Health Administration
RCRA - Resource Conservation and Recovery Act
RQ - Reportable Quantity
SARA - Superfund Amendments and Reauthorization Act of 1986
SERC - State Emergency Response Commission
SIC Code - Standard Industrial Classification Code
TPQ - Threshold Planning Quantity
TQ -  Threshold Quantity

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EPCRA Telephone Numbers and/or Addresses
(Telephones answered during business hours, Monday - Friday)

State Emergency Response Commission
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(800) 635-7179 (Florida only)
(850) 413-9970
Web Site Address: http://www.floridadisaster.org/cps/SERC/serc.htm

U.S. Environmental Protection Agency
Post Office Box 70266
Washington, D.C. 20024-0266
(800) 424-9346
Web Site Address: http://www.epa.gov/swercepp/
[for information on EPCRA and Clean Air Act, Section 112(r)]

U.S. Environmental Protection Agency, Region IV
61 Forsyth Street, Southwest
Atlanta, Georgia 30303-3104
(404) 562-9176
Web Site Address: http://www.epa.gov/region4/reg4.html

Occupational Safety and Health Administration
Private Sector Complaints and Safety Issues - (800) 321-6742
Fatalities - (800) 219-8953
Fort Lauderdale - (954) 424-0242
Jacksonville - (904) 232-2895
Tampa - (813) 626-1177
Web Site Address: http://www.osha.gov

Dunn and Bradstreet Office
(813) 281-0700 or (954) 963-7807
(call to obtain your facility's identification number or have one assigned)
Web Site Address: http://www.dnb.com/

 

Emergency Telephone Numbers
(Telephones answered 24 hours a day, seven days a week)

  FOR REPORTING EMERGENCY RELEASES OR SPILLS ONLY:

National Response Center
(800) 424-8802

Florida State Warning Point
(850) 413-9911
(800) 320-0519

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Local Emergency Planning Committees

Click on area of Map or Links =====> Map of Florida's Local Emergency Planning Committees District 5 LEPC District 4 LEPC District 11 LEPC District 10 LEPC District 9 LEPC District 8 LEPC District 7 LEPC District 6 LEPC District 3 LEPC District 2 LEPC District 1 LEPC
District 1

District 2

District 3

District 4

District 5

District 6

District 7

District 8

District 9

District 10

District 11

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Chemical Notification and Facility Representative Designation 

Section 302 - Chemical Notification

 

Your facility must report under Section 302 if it has present an amount that meets or exceeds the threshold planning quantity (TPQ) of any of the Extremely Hazardous Substances (EHSs).  The EHSs can be found in the "Title III List of Lists" in Appendix A.  The EHSs are any of the chemicals listed under the column titled "Section 302." 

The TPQ is the amount, in pounds, found under the column titled "Section 302 (EHS) TPQ."  An EHS that is a solid in its natural chemical state is assigned two TPQs.  The first TPQ applies only if the solid exists in powdered form and has a particle size of less than 100 microns, or is handled in solution or molten form, or 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 second TPQ.

The list of EHSs may be revised by the Environmental Protection Agency (EPA).  It is the facility's responsibility to be aware of the changes made to the list and make any necessary notifications.  A facility has sixty days to make a notification after acquiring an EHS that meets or exceeds the TPQ.  A separate notification must be made for each facility.  This is a one-time notification. 

To determine whether the facility has an EHS that meets or exceeds the TPQ, the owner or operator must determine the total amount of that substance present at any one time at the facility, regardless of location, duration, number of containers, or method of storage.  The amount of an EHS present in mixtures or solutions in excess of one (1) percent must be included in the determination.

The calculation of the amount of any EHS in a mixture can be done in two ways:

1) The total mixture weight can be counted as the amount of EHS; or
2) The actual amount of the EHS in the mixture can be determined. The concentration of the EHS
(in weight percentage) is multiplied by the mass (in pounds) of the mixture to determine the actual quantity of the EHS.

Add together all sources of the EHS (pure form and mixtures, in all locations at the facility) and compare this to the TPQ.

Fees are assessed on facilities subject to Section 302. See below for a description of these fees.

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Section 303 - Facility Representative Designation

Any facility subject to Section 302 must send the SERC and LEPC the name and telephone number of a contact person (facility representative) at the facility.  The name of the facility representative must be kept current.  The purpose for reporting under Section 302 is to alert the LEPC to which facilities have EHSs and, therefore, must be included in emergency response plans.  The role of the facility representative is to provide the LEPC with the necessary data to develop emergency response plans.

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Reporting Procedures for Sections 302 and 303 

To report under Sections 302 and 303, use your company letterhead or use the form entitled, A Section 302/303 Form.  If you use your letterhead, the contents of the notification must include:

1) name of business;
2) business address or mailing address;
3) physical address of the facility, if different from the mailing address; and
4) name and telephone number of a facility representative.

This notification must be sent to:

1) the SERC; and
2) the appropriate LEPC.

The map which shows the boundaries of the LEPCs and their addresses can be found above.

The SERC's address is:

State Emergency Response Commission
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100

NOTE:  Any change in the identity of the owner/operator of a facility requires a new notification and filing fee.

EPA's current rules implementing Sections 302 and 303 are in 40 CFR Parts 300 and 355.

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STATEMENT OF DETERMINATION

A Statement of Determination Form is provided to be used for indicating reporting status relative to Sections 302 and 303, as well as Sections 311, 312 and 313. This form may be used for either negative or positive declarations specific to sections of the law and reporting year.

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Section 304
Emergency Release Notification

Section 304 requires certain releases of chemicals to be reported by the facility owner or operator. There are two types of chemicals that require reporting under this section:

1) Extremely Hazardous Substances (EHSs); and
2) Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) hazardous substances.

Both the EHSs and the CERCLA hazardous substances are found in the "Title III Consolidated List of Chemicals."

If an amount equal to, or greater than, the reportable quantity (RQ) is released or spilled from a fixed facility, notification must be made immediately (within 15 minutes) to the SERC and LEPC by calling the Florida State Warning Point (SWP) at (850) 413-9911 or (800) 320-0519 (this telephone is answered 24 hours a day and is an EMERGENCY number only).  An RQ is the amount which requires notification if released into the environment (air, water or land).  In addition, CERCLA spills must also be reported to the National Response Center at (800) 424-8802.  In the event that the incident is transportation related, Section 304 requirements can be met by calling 911 or, in the absence of a 911 system, contacting the local telephone operator.

This emergency notification must include:

1) the chemical name;
2) an indication of whether the substance is an EHS;
3) an estimate of the quantity released into the environment;
4) the time and duration of the release;
5) the medium into which the release occurred;
6) any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals;
7) proper precautions, such as evacuation; and
8) the name and telephone number of a contact person.

EHS/CERCLA releases of greater than or equal to the RQ that occur under normal operations and are stable in quantity and rate are to be reported under "Continuous Release" reporting guidelines only if the release does not qualify as a "Federally Permitted Release."

The Section 304 Reporting Form was developed by the SERC to familiarize a facility with the information that will be needed when reporting a release over the telephone. Use of the form is not mandatory, and the form should not be mailed in. It is recommended that the form be reviewed and then filed for use if a release occurs.

As soon as practicable (within seven days) after a release which requires notification, the owner or operator of the facility must provide one or more written follow-up emergency notice(s).  The Section 304 Reporting Form must not be used for the written follow-up notice.  The written follow-up emergency notice(s) must include:

1) information setting forth and updating the information  required for the initial emergency notification;
2) actions taken to respond to and contain the release;
3) any known or anticipated acute or chronic health risks associated with the release; and
4) advice regarding medical attention necessary for exposed individuals.

This follow-up notice must be sent to:

1) the SERC; and
2) the appropriate Community Emergency Coordinator for the LEPC, at the LEPC mailing address.

The map which shows the boundaries of the LEPCs and their addresses is located above.

The SERC's address is:

State Emergency Response Commission
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Fax:  (850) 488-1739

EXEMPTION:  Section 304 does not apply to any release of an EHS which 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.

NOTE:  Releases of CERCLA hazardous substances are also subject to the release reporting requirements over their respective RQs of CERCLA Section 103 (40 CFR, Part 302).

EPA regulations implementing Section 304 are set out in 40 CFR Part 355.

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Section 311
Material Safety Data Sheet/Chemical List Submittal

The chemicals covered under Section 311 are:

1) any of the EHSs that meet or exceed the TPQ, or 500 pounds, at any one time, whichever is less; and
2) any of the hazardous chemicals that meet or exceed 10,000 pounds at any one time for which OSHA requires a Material Safety Data Sheet (MSDS) to be maintained.

The list of EHSs is found in the "Consolidated List of Chemicals."

There are over 500,000 chemicals and mixtures for which OSHA requires an MSDS to be maintained. There is no list of OSHA regulated chemicals. Refer to the OSHA Hazard Communication Standard, 29 CFR 1910.1200, to determine which chemicals OSHA defines as hazardous. 

The SERC encourages facilities to submit a list of the covered chemicals in lieu of the MSDSs; however, the list must be grouped by the five EPA physical and health hazard categories.

EPA Physical and Health Hazard Categories

1) fire hazard;
2) sudden release of pressure hazard;
3) reactive hazard;
4) immediate (acute) health hazard; and
5) delayed (chronic) health hazard.

These five categories are not mutually exclusive; a chemical can fall under more than one category. The form "Section 311 Reporting Form" can be used when submitting a list.

See the "Hazard Category Comparison for Reporting Under Sections 311 and 312" for assistance in converting the information on the MSDS into the five EPA physical and health hazard categories.

The MSDSs, or list, must be submitted to:

1) the SERC;
2) the appropriate LEPC; and
3) the local fire department.

The map which shows the boundaries of the LEPCs and their addresses is located above.

The SERC's address is:

State Emergency Response Commission
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100

This is a one-time reporting requirement; however, within 90 days of discovering significant new information on a chemical, or upon acquiring a new chemical that is covered, a facility must submit an 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.

To obtain an MSDS, contact the supplier of your chemicals.  A sample letter requesting an MSDS can be found below.

EPA's rules regarding Section 311 are in 40 CFR Part 370.

NOTE:  There are exemptions for reporting under Sections 311 and 312. Refer to "Sections 311 and 312 Exemptions from Reporting" to determine if any of your chemicals are exempt from reporting under Sections 311 and 312 or if your facility is affected by the recent reporting changes under those sections of EPCRA. 

Government bodies and private industries must submit a MSDS, or a list of the chemicals, for certain chemicals present at each facility.

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SAMPLE MSDS REQUEST LETTER

XYZ Chemical Corporation
Post Office Box 999
Anytown, Florida 12345

(Supplier Address)

Dear Supplier:

In connection with our purchase of your product, we require a Material Safety Data Sheet (MSDS) for that product which meets the standards prescribed by the Occupational Safety and Health Administration in that agency's Hazard Communication Standard.

We at XYZ Chemical take pride in our efforts with respect to the health and safety of our employees and with regard to appropriate disposal of materials and environmental protection. Your cooperation in promptly supplying us with the most recent MSDS for the product(s) we are purchasing with the Purchase Order would be most appreciated.

If a Material Safety Data Sheet is not required on this product, please indicate below and return a copy of this correspondence.

 

MSDS is not required on product(s) requested:

 

______________________________
Signature/Date

Please send the MSDS and/or this letter to:

MSDS Coordinator (name)
XYZ Chemical Corporation
Post Office Box 999
Anytown, Florida 12345

Very truly yours,

(NAME)

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Section 312
Tier II Emergency and Hazardous Chemical Inventory Form

The facilities and chemicals covered by Section 312 are the same as in Section 311.  Refer to this section for this information.

The SERC requires all facilities subject to Section 312 reporting requirements in Florida to submit a Florida specific Annual Emergency and Hazardous Chemical Inventory Tier Two Form (see the sample form and instructions).  This form contains information on the quantities and locations of chemicals.  For information on filing Tier II reports electronically, contact the SERC at (800) 635-7179 (Florida only) or (850) 413-9970.

This is an annual reporting requirement due every March 1, for reporting hazardous chemicals inventories on site at any one time during the previous calendar year.  The Tier Two Form must be sent to:

1) the SERC;
2) the appropriate LEPC; and
3) the local fire department.

The map which shows the boundaries of the LEPCs and their addresses is located above.

The SERC's address is:

State Emergency Response Commission
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100

The location of a specific chemical can be withheld from disclosure to the public. If you elect to do this, enter the word "Confidential" in the storage location section of the Tier Two Form. On a separate Tier Two Confidential Location Information Sheet , enter the name and Chemical Abstract Service (CAS) number, and the appropriate location and storage information for each chemical for which you are keeping the location confidential. Attach the Tier Two Confidential Location Information Sheet to the Tier Two Form and mail to the SERC and your local fire department. Send only the Tier Two Form to your LEPCFees are assessed on facilities subject to Section 312. See below for an explanation of fees.

EPA=s rules regarding Section 312 are in 40 CFR Part 370.

NOTE: There are exemptions for reporting under Sections 311 and 312 and there have been recent reporting changes under Sections 311 and 312 for certain qualified facilities.  Refer to  "Section 311 and 312 Exemptions from Reporting"  to determine if any of your chemicals are exempt from reporting under Sections 311 and 312 or if your facility is affected by the recent reporting changes under those sections of EPCRA.

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Hazard Category Comparison
For Reporting Under Sections 311 and 312

EPA's Hazard Categories OSHA's Hazard Categories
Fire Hazard Flammable
Combustible Liquid
Pyrophoric
Oxidizer
Sudden Release of Pressure Explosive
Compressed Gas
Reactive Unstable Reactive
Organic Peroxide
Water Reactive
Immediate (Acute) Health Hazard Highly Toxic
Toxic
Irritant
Sensitizer
Corrosive

Other hazardous chemicals with an adverse effect on a target organ that generally occurs rapidly as a result of short term exposure and with a short duration.

Delayed (Chronic) Health Hazard Carcinogens

Other hazardous chemicals with an adverse effect on a target organ that generally occurs as a result of long term exposure and with a long duration.

Blood Toxin, Eye Hazard, Kidney Toxin (Nephrotoxin), Liver Toxin (Hepatotoxin), Lung Toxin, Nervous System Toxin (Neurotoxin), Reproductive Toxin, and Skin Hazard may be classified as either Immediate or Delayed Health Hazards depending on how quickly the target organ is affected.

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EPCRA
Sections 311 and 312 Exemptions from Reporting

OSHA regulations [29 CFR Section 1910.1200(b)] currently provide the following exemptions:

1) Any hazardous waste as such term is defined by the Solid Waste Disposal Act, as amended
(42 U.S.C. 6901 et seq.), when subject to regulations issued under that Act;
2) Tobacco or tobacco products;
3) Wood or wood products;
4) "Articles" - defined under Section 1910.1200(b) as a manufactured item:
a) which is formed to a specific shape or design during manufacture;
b) which has end use functions(s) dependent in whole or in part upon the shape or design during end use;
c) which does not release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use.
5) Food, drugs, cosmetics, or alcoholic beverages in a retail establishment which are packaged for sale to consumers;
6) Food, drugs, or cosmetics intended for personal consumption by employees while in the work place;
7) Any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety
Act (15 U.S.C. 1251 et seq.) respectively, where the employer can demonstrate it is used in the work place in the 
same manner as normal consumer use, and which use results in a duration and frequency of exposure which is
not greater than exposures experienced by consumers;
8) Any drug, as that term is defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), when it
is in solid, final form for direct administration to the patient (i.e., tablets or pills).

In addition, Section 311(e) of EPCRA excludes the following substances:

9) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration;
10) 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;
11) 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;
12) Any substance to the extent it is used in a research laboratory, a hospital or other medical facility under the direct supervision of a technically qualified individual;
13) 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 customer.

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REPORTING CHANGES FOR RETAIL PETROLEUM FACILITIES 

The following amendment to the Sections 311 and 312 reporting requirements applies to qualified retail petroleum facilities and was passed by final rule on February 11, 1999 [Federal Register: February 11, 1999 (Volume 64, Number 28, Pages 7031-7047)]: 

Retail gas stations that store gasoline and diesel fuel entirely underground and are in compliance with Underground Storage Tank (UST) requirements are subject to new reporting thresholds under Sections 311 and 312 of EPCRA: 75,000 gallons for all grades of gasoline combined and 100,000 gallons for diesel fuel.  Convenience stores and truck stops that sell gasoline or diesel fuel to the public also meet the definition of Aretail gas stations.@  Beginning with the 1998 reporting year, facility owners/operators of facilities whose gasoline and diesel/fuel inventories do not exceed the new reporting thresholds and who meet the above referenced criteria are no longer required to submit Material Safety Data Sheets/chemical lists or file Tier Two inventory reports for these substances.  For additional information on these requirements, please refer to the above referenced Federal Register citation.           

 

Section 313
Toxic Chemical Release Forms

This section applies to manufacturing facilities (facilities with an SIC Code between 20 and 39) and beginning January 1, 1998, facilities that fall within the following industry sectors:

Coal Mining (SIC code 12)
Metal Mining (SIC code 10)
Electric Utilities (SIC code 4911)
Commercial Hazardous Waste Treatment (SIC code 4953)
Chemicals and Allied Products-wholesale (SIC code 5169)
Petroleum Bulk Terminals (SIC code 5171)
Solvent Recovery Services (SIC code 7389)

In order to be covered under Section 313, a facility must have ten or more full-time employees and must manufacture, process, or otherwise use a listed toxic chemical that meets or exceeds specified threshold quantities, which are cumulative for the calendar year.

Federal facilities, per Executive Order 12856 issued in 1993, are also required to comply with Section 313 if they manufacture, process or otherwise use a listed toxic chemical that meets or exceeds specified threshold quantities, which are cumulative for the calendar year.  The requirement for federal facilities to report under Section 313 went into effect beginning with the 1994 reporting year.

The Toxic Chemicals and the chemical categories regulated under Section 313 are marked with an "X" or A313" in the column titled "313" in the "Consolidated List of Chemicals".

A Toxic Chemical Release Form, Form R or Form A, must be filled out for each toxic chemical above the threshold amount.  The form reflects releases during the preceding calendar year and is due annually on July 1.  Beginning in 1995, facilities that release less than 500 pounds of a listed toxic chemical and that also do not use, produce or manufacture in excess of one million pounds of that substance over the annual reporting period have the option of submitting an abbreviated Certification Form (Form A) in lieu of the more detailed Form R.  All reports must be submitted to the SERC and EPA at the addresses below:

State Emergency Response Commission
2555 Shumard Oak Boulevard  
Tallahassee, Florida  32399-2149

U.S. Environmental Protection Agency
EPCRA Reporting Center  
Post Office Box 3348  
Merrifield, Virginia 22116-3348  
ATTN: Toxic Chemical Release Inventory

To obtain reporting forms and instructions, contact the EPA Hotline at (800) 424-9346.

You may also obtain forms, reporting requirements, guidance documents and information on training by accessing the EPA Web Site at the following address:  http://www.epa.gov/tri/

Copies of technical guidance documents for certain specific industrial situations are available from the SERC.

Thresholds: If you manufacture, import, or process any of the listed toxic chemicals, the threshold amount is:

1) 75,000 pounds during calendar year 1987;
2) 50,000 pounds during calendar year 1988; and
3) 25,000 pounds during calendar year 1989 and subsequent years.

Thresholds are different for certain PBT chemicals, see EPA's "PBT Final Rule Summary".

If you use any listed chemical in any other way (without incorporating it into any product or producing it at the facility), the threshold amount is 10,000 pounds in calendar year 1987 and subsequent years.

EPA's rules regarding Section 313 are contained in 40 CFR Part 372.

Fees are assessed on facilities (except federal facilities) subject to Section 313. See below for an explanation of fees.

On October 29, 1999, the U. S. Environmental Protection Agency issued a final ruling (64 FR 58666) that establishes much lower reporting thresholds for certain persistent bioaccumalative toxic (PBT) chemicals.  The PBT chemicals and reporting thresholds are shown on EPA's "PBT Final Rule Summary".  This rule goes into effect starting with the 2000 reporting year.

On June 26, 2000, the U. S. Environmental Protection Agency issued a final ruling (65 FR 39552) that deleted phosphoric acid (CAS #7664-38-2) from the list of chemicals subjected to reporting requirements under Section 313 of EPCRA.  This rule relieves facilities of their obligation to report releases for phosphoric acid during the 1999 reporting year, and for future years.

The U. S. Environmental Protection Agency is expected to issue a final ruling after October of 2000, that would greatly lower the reporting thresholds for lead and lead compounds.  The new reporting threshold maybe established as low as ten pounds per year.  To look for this final ruling, go to www.epa.gov/tri/ and browse the "What's New" section.

View EPA's "PBT Final Rule Summary" here. 

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Fees

The Florida Hazardous Materials Emergency Response and Community Right-to-Know Act of 1988, Chapter 252, Part II, Florida Statutes, provides a funding mechanism to support emergency planning efforts and the extensive community right-to-know requirements. The following summary outlines the four fees:

1) One-time filing fee - Pursuant to Section 252.85(2), Florida Statutes, any "public or private" facility subject to Section 302 shall pay a one-time filing fee of $50 per facility (the form, entitled Section 302 - Emergency Planning Notification, can be used when submitting the filing fee). The one-time filing fee shall not be required for any agricultural facilities with a Standard Industrial Classification code of 01, 02, or 07 subject to the emergency notification requirement solely because of the presence of EPCRA listed substances in temporary or portable storage units located at the facility for less than 48 consecutive hours. NOTE: Any change in the identity of the owner/operator requires a new Section 302 notification and filing fee.

2) Annual registration fee - Pursuant to Section 252.85(1), Florida Statutes, any "private" facility subject to either Section 302 or 312 must pay an annual registration fee due every March 1 (governmental bodies are exempt from the annual registration fee). This fee is based on the number of employees that an employer has in the State of Florida. Annual registration fees are calculated in one of three ways:

A) Facilities regulated under Chapter 368 (gas transmission and distribution facilities), Chapter 527 (sale of liquefied petroleum gas), or Section 376.303 (aboveground and underground storage tanks), Florida Statutes, which do not have present extremely hazardous substances equal to or in excess of threshold planning quantities will pay $2.50 per employee (minimum $25, maximum $500). The number of employees is based on the total number of each full-time and part-time employee reported to the Department of Labor and Employment Security (DLES) for unemployment compensation tax purposes for the last month of the calendar year.

NOTE:  Owners/operators of retail petroleum facilities (i.e., gas stations, convenience stores, truck stops) that store gasoline and diesel fuel entirely underground in tanks that hold less than 75,000 gallons of gasoline or 100,000 gallons of diesel fuel and are in compliance with Underground Storage Tank requirements and do not have any other EPCRA covered substances in threshold amounts on site are not required to file under Sections 311/312 or pay annual registration fees.  For additional information on the reporting changes for retail petroleum facilities, refer to the following citation: [Federal Register: February 11, 1999 (Volume 64, Number 28, Pages 7031-7047].

B) "Agricultural facilities" which have hazardous materials present which qualify for the routine agricultural use exemption under EPCRA, Section 311(e), will pay $10 per employee (minimum $25, maximum $1,000). The number of employees is based on the total number of each full-time and part-time non-seasonal employees reported to DLES for unemployment compensation tax purposes, the total number of which shall not be less than the number for the month reflecting the lowest number of employees for the calendar year.

C) All other facilities will pay $10 per employee (minimum $25, maximum $2,000). The number of employees is based on each full-time and each part-time employee employed within the state by the owner or operator of a facility as reported to DLES for unemployment compensation tax purposes for the last month of the calendar year.

3) Toxic Chemical Release Inventory (TRI) reporting fee - An owner or operator of a facility with a Standard Industrial Classification Code between 20 and 39 that is required to submit a United States Environmental Protection Agency TRI report to the Commission under Section 313 of EPCRA, shall be required to pay an annual reporting fee of $150 per TRI Form R report for those Section 313 listed EPCRA substances in effect on January 1, 1997, (the TRI reporting fee form can be used when submitting the fee, due on July 1 of each year). A $75 fee per chemical is required to be submitted with the Certification Form A report.

4) Late fees - Pursuant to Section 252.85 (3)(a)(b), Florida Statutes, late fees will be assessed for failure to file a report that substantially complies with the requirements of EPCRA, or for failure to pay any fee. A written notification will be sent to the facility that explains which report or fee has not been submitted. The first late notification assesses a fee of up to $2,000, and the second notification assesses a maximum fee of $4,000.

Checks for fee payments must be made out to "Cashier, Department of Community Affairs," and mailed to:

State Emergency Response Commission
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100

 

Summary of Fees

SECTION FEE AMOUNT DUE DATE
302 $50 PER FACILITY
(public and private)
ONE-TIME FILING
302
(agricultural facilities subject to the "routine agricultural use" exemption)
$10 PER EMPLOYEE
$25 MINIMUM
$1,000 MAXIMUM
MARCH 1
EACH YEAR
302 OR 312
(private only)
$10 PER EMPLOYEE
$25 MINIMUM
$2,000 MAXIMUM
MARCH 1
EACH YEAR
312
(certain regulated industries covered by Chapters 368, 527, or s. 376.303, F.S.)
$2.50 PER EMPLOYEE
$25 MINIMUM
$500 MAXIMUM

Companies are eligible for the reduced fee only if they do not have present EHSs that meet or exceed the TPQ.

MARCH 1
EACH YEAR
313 $150 PER FORM R REPORT

$75 PER CHEMICAL LISTED ON FORM A REPORT

JULY 1
EACH YEAR

*The one-time filing fee shall not be required for any agricultural facilities with a Standard Industrial Classification code of 01, 02, or 07 subject to Section 302 or Section 312 solely because of the presence of EPCRA listed substances in temporary or portable storage units located at the facility for less than 48 consecutive hours.

Who must pay the annual registration fee? Every March 1, any private facility subject during the previous calendar year to either Section 302 or Section 312 of Title III of the Superfund Amendments and Reauthorization Act of 1986, EPCRA, must pay the annual registration fee.

Who is subject to Section 302? The owner or operator of any facility that has present at any one time an amount that meets or exceeds the TPQ of any of the EHSs.

Must a facility have EHSs present for a specified period of time before Section 302 reporting requirements are triggered? No, if EHSs are present in amounts equal to or in excess of established TPQs, the facility must comply with Section 302 regardless of the amount of time those substances were present in those amounts.

Who is subject to Section 312? The owner or operator of any facility that has either of the following:

1) any of the EHSs that meet or exceed the TPQ, or 500 pounds, whichever is less; or
2) any of the hazardous chemicals that meet or exceed 10,000 pounds for which OSHA requires an MSDS to be maintained.

How do I determine the amount of the fee? The fee is based on the number of employees employed within the state by the facility owner or operator during the preceding year. The amount of the registration fee is either $2.50 or $10 per employee, with a minimum amount of $25, and a maximum amount of $2,000 per year.

What types of facilities qualify for reduced fees? Any facility owner or operator regulated under Chapters 368 (gas transmission and distribution facilities) or 527 (liquefied petroleum gas), or Section 376.303 (aboveground and underground storage tanks), Florida Statutes, which does not have present an EHS that meets or exceeds the TPQ pays an annual registration fee of $2.50 per employee, with a minimum of $25, and a maximum of $500 per year.

NOTE: The owner or operator pays only one registration fee per year regardless of the number of facilities that are subject. The fee is based on the total number of employees that the owner or operator has employed in the state.

When do I pay the annual registration fees? The annual registration fees are due by March 1 of each year. The filing fee is a one-time fee due within 60 days of the time a facility becomes subject to Section 302.

NOTE: Any change in the identity of the owner/operator of a Section 302 facility requires a new Section 302 notification and filing fee.

What is the definition of an employee? Employee means any employee who is eligible for coverage by Unemployment Compensation Insurance under the laws of the State of Florida as of December of the preceding year.

How do I determine the number of employees? Use the number of employees statewide that you register with the Department of Labor and Employment Security, Division of Unemployment Compensation (UC), on your quarterly unemployment compensation tax and wage report for the quarter that includes December of the preceding year. You can find the number of employees on LES FORM UCT-6W (Rev. 7/86) or LES FORM UCS-1 (10/83).

NOTE: Agricultural facilities which have chemicals which qualify for exemptions under Section 311(e) of EPCRA should determine number of employees based on non-seasonal employees (see above for fees and for a list of exemptions).

What are the penalties for not complying in a timely manner? Late fees are assessed for failure to pay the fee or submit a report due in a timely manner. Late fees can be assessed in amounts of up to twice the amount of the annual registration or filing fee required for timely submission, up to $4,000 per late submission.

How do I submit the annual registration fee? You must submit the annual registration fee along with your Tier Two Forms to the SERC. Reminder: you must also submit a copy of your Tier Two Form to the appropriate LEPC and local fire department.

How do I make out my check? Checks must be made out to the "Cashier, Department of Community Affairs."

Where do I send my check? Checks must be mailed to the State Emergency Response Commission, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.

Are there any exemptions to the annual registration fee? Governmental bodies are exempt from paying the annual registration fee.

Is there a fee for Section 313 Form R Reports? Yes, a fee of $150 is assessed for each chemical reported on a Toxic Chemical Release Inventory Report, due July 1 of each year.

Under Section 313, is there a fee for the Certification Form (Form A)?  Yes, a $75 fee applies for each chemical reported on the Certification Form (Form A).

What are the statutory authorities for the fees? Section 252.85(1)(2), Florida Statutes. For definitions and late fees, see Section 252.85(3)(a), (b), Florida Statutes, and Rule 9G-14, Florida Administrative Code.

Whom do I call if I have additional questions? The Compliance Planning Section at (800) 635-7179 or (850) 413-9970 (between 8:00 a.m. and 5:00 p.m., Monday through Friday) is available to respond to questions. They also have available, at no charge, reporting forms, chemical lists, "How-To-Comply" manuals, and other information about EPCRA, the state law, and the administrative rule. This information may also be obtained from the State Emergency Response Commission's Web Site.

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General Provisions

The general provisions of EPCRA address trade secret protection, provision of information to health professionals, public availability of information, enforcement, citizen suits, and the exemption for transportation.

 

Section 322
Trade Secrets

Specific chemical identity of a trade secret chemical can be withheld from an MSDS, Emergency Inventory Reporting Form, or Toxic Chemical Release Form. Applications for trade secret protection are made to EPA. There are penalties for frivolous claims for trade secret protection. The withholder must show each of the following:

1) the information has not been disclosed to any other person other than a member of the LEPC, a government official, an employee of such person, or someone bound by a confidentiality agreement, that measures have been taken to protect the confidentiality, and that the withholder intends to continue to take such measures;
2) the information is not required to be disclosed to the public under any other federal or state law;
3) the information is likely to cause substantial harm to the competitive position of the person; and
4) the chemical identity is not readily discoverable through reverse engineering.

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Section 323
Provision of Information to Health Professionals, Doctors, and Nurses

This section requires disclosure of information including trade secret chemical identity information to health professionals, doctors, and nurses, in certain specified situations.

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Section 324
Public Availability of Information

Each emergency response plan, MSDS, MSDS list, Chemical Inventory Form (Tier Two), Toxic Chemical Release Form, and follow-up emergency notice shall be made available to the general public upon request.

NOTE: There is a copying charge of 15 cents per page for up to 25 pages and one dollar per page for over 25 pages of copy requested. You may schedule an appointment to view our files by calling (800) 635-7179 or (850) 413-9970 between 8:00 a.m. and 5:00 p.m., Monday through Friday.

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Section 325
Federal Enforcement Penalties

Section 325 provides for administrative, civil and criminal penalties for violations under the following sections:

Requirement Section Administrative Civil Criminal
Emergency Planning Notification 302   $27,500  
Facility Representative 303   $ 27,500  
Emergency Release Notification 304 $27,500
or
$82,500
$27,500
or
$82,500
$27,500/2Y
or
$55,000/5Y
MSDS Submission 311 $11,000 $11,000  
Chemical Inventory 312 $27,500 $27,500  
Toxic Release Inventory 313 $27,500 $27,500  
Frivolous Trade Secret Claim 322 $27,500 $27,500  

Section 252.86, Florida Statutes, provides for civil and criminal penalties for the provision of false information. Furthermore, any provision of Section 325 or 326 of EPCRA which creates a federal cause of action, other than an administrative proceeding, provides a corresponding cause of action under the state law, with jurisdiction in the circuit courts. Sections 252.86(3)(a) and (b) provide for the assessment of late fees for failure to submit a report that substantially complies with the requirements of EPCRA or Section 252.87, Florida Statutes, by the specified date or for failure to pay any fee required under Section 252.85, Florida Statutes.

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Section 326
Civil Actions

This section authorizes citizen suits, and civil suits by state or local governments, against owners or operators of a facility, for failure to comply with specific provisions of the Act. It also authorizes citizen suits against the EPA Administrator and state officials for failure to comply with the obligations imposed on them by the Act.

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Section 327
Exemption for Transportation

The transportation exemption applies to substances being transported, not to particular facilities. Substances present at a terminal which are being transported, or stored while waiting for transport, are exempt from reporting requirements. The exemption does not apply to the emergency reporting of chemical release requirements of Section 304.

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