EH-413 Tree Logo EPCRA Instructions
for
Module 4:
 
Community Right-to-Know		 Module 4 graphic
 
     
 
Instructions for: Step 1, Step 2, Step 3, Step 4, Step 5, Step 6, Step 7, Step 8, Step 9, Step 10, Step 11, Step 12, Step 13, Step 14, Step 15, Step 16, Step 17, Step 18, Step 19, Step 20, , Step 21, Step 22, Step 23, Step 24, Step 25, Step 28, Step 29, Step 30, Step 31, and Step 32
  
 
 
 
Instructions for Step 1        Back to Step 1    GOTO: Top of Page
 
 
The Community Right-to-Know sections of EPCRA require regulated facilities to provide designated emergency response and planning agencies with information on the locations, storage conditions, and quantities of hazardous chemicals present at the facility. The agencies must then provide this information to the public upon request. Although DOE facilities are to comply to the fullest degree possible with EPCRA, national security interests may in some cases prevent a facility from disclosing certain information.
 
This section uses information collected in the Optional Inventory of the hazardous chemicals present at the facility. This inventory should have been completed when Module 1: Inventory of Chemicals was completed. The inventory is used to organize the chemical information so that threshold determinations can be made and compliance documents can be completed.
 
Entering the Roman numeral corresponding to the exemption rather than just a check-mark in the block provides a more thorough record of why the product is exempt. This record may be invaluable when audits are performed on the facility's compliance.
 
 
 
Instructions for Step 2        Back to Step 2    GOTO: Top of Note Page
 
 
The question concerns the products which are listed on the Optional Inventory Worksheets, but which meet on of OSHA's exemptions from the definition of a Hazardous Chemical (HC). These exemptions are in addition to EPA's exemptions from Section 311 and 312 of EPCRA. (29 CFR 1910.1200 (c))
 
OSHA's exemptions from the definition of a Hazardous Chemical are listed in the notes for Step 2 of this module. Congress only gave EPA authority to regulate OSHA HCs under Sections 311 and 312, so if a product is exempt from OSHA's definition of a HC, it is exempt from Sections 311 and 312 of EPCRA.
 
Instructions for Step 2 A
 
 
Entering the number corresponding to the exemption rather than just a check-mark in the block provides a more thorough record of why the product is exempt. This record may be invaluable when audits are performed on the facility's compliance.
 
 
 
Instructions for Step 3        Back to Step 3    GOTO: Top of Page
 
 
Using the Optional Aggregation Worksheet A is one of the most straight-forward ways of assuring that no EHSs present in the inventory are missed when determining whether any EHSs exceed the thresholds. However, using the Optional Aggregation Worksheet A is not a regulatory requirement. If the inventory of chemicals at the facility is small enough to be managed by written worksheets on other hard-copy means, then using the copies of the Optional Aggregation Worksheet A in its present form may be the best method of aggregating all EHSs. If the facility manages a more sizeable number of chemicals, it may be advantageous to use an alternate system which performs the same aggregation function, such as implementing a computer database using the Optional Aggregation Worksheet A as guidance for developing the database specifications. (40 CFR 370.28)
 
The aggregation of EHSs is a necessary part of fulfilling the Emergency Planning Notification requirements, Module 2 of EPCRA.
 
EHSs present in products which are exempt from Section 311 and 312 do not need to be reported for Section 311 and 312. It is therefore unnecessary to include them in the aggregation for Section 311 and 312. Remember to include them in the aggregation for Section 302 (Module 2) since that section has no exemptions. Every page of the Optional Inventory will need to be examined by this procedure.
 
 
 
Instructions for Step 4        Back to Step 4    GOTO: Top of Page
 
 
You will end up with one Optional Aggregation Worksheet A for each EHS present at the facility. It is advisable to familiarize yourself with the EHS list and those EHSs present at the facility to avoid starting two worksheets for the same EHS. Be particularly cautious for cases where the chemicals manufacturer used a synonym for the EHS rather than EPA's regulatory name. In these cases, use the CAS number as a type of fingerprint to give a positive identification to the chemical.
 
 
 
Instructions for Step 5        Back to Step 5    GOTO: Top of Page
 
 
Each EHS has been assigned a Threshold Planning Quantity (TPQ) and most have been assinged a Reportable Quantity (RQ) by EPA (EHSs which have not been assigned an RQ by EPA have a statutory RQ of one pound).
 
 
 
Instructions for Step 6        Back to Step 6    GOTO: Top of Page
 
 
Every page of the Optional Inventory Worksheets will need to be searched individually for each one of the EHSs for which an Optional Aggregation Worksheet A was begun.
 
This is the first step in the iterative procedure. In this step you choose the EHS for which you will be searching the Optional Inventory Worksheets.
 
 
 
Instructions for Step 7        Back to Step 7    GOTO: Top of Page
 
 
Information about each product containing that EHS is transferred to the Optional Aggregation Worksheet A for that EHS. This allows all information about that EHS to be aggregated, regardless of what mixtures or locations that EHS is present.
 
 
 
Instructions for Step 8        Back to Step 8    GOTO: Top of Page
 
 
The iterative procedure must be performed on all EHSs for which an Optional Aggregation Worksheet A has been started (i. e., all reportable EHSs present at the facility).
 
 
 
Instructions for Step 9        Back to Step 9    GOTO: Top of Page
 
 
Compare the weight on line V with the TPQ. The TPQ should be recorded with the other information at the top of the Aggregation Worksheet.
 
 
 
Instructions for Step 10        Back to Step 10    GOTO: Top of Page
 
 
Sections 311 and 312 require EHSs to be reported if their maximum on-site weight meets or exceeds the Threshold Planning Quantity (TPQ).
 
 
 
Instructions for Step 11        Back to Step 11    GOTO: Top of Page
 
 
Record the name and CAS number for this EHS in the column labeled Chemical Description on a copy of the Tier II form. This will be used later when the list or MSDS requirement and the Tier I or Tier II requirements are being fulfilled.
 
 
 
Instructions for Step 12        Back to Step 12    GOTO: Top of Page
 
 
Sections 311 and 312 also require EHSs to be reported if their maximum on-site weight meets of exceeds 500 pounds. This means that any EHS with a TPQ over 500 pounds would be subject to the 500 pound threshold. EHSs with TPQs below 500 pounds would be subject to the lower threshold, their TPQ.
 
 
 
Instructions for Step 13        Back to Step 13    GOTO: Top of Page
 
 
 
It is up to the facility to decide which reporting method to use. Reporting by products/mixtures may be simpler than reporting by hazardous chemical components of those products/mixtures. That is why EPA provided the facilities with the reporting options. However, because the method used for calculating thresholds based on HC components differs from the method used for calculating thresholds based on products/mixtures, one method may result in reporting a lower number of chemicals that the other. For example:
 
Reporting by Components
 
Facility A has 15,000 pounds of paint which contains 50% toluene and no other hazardous constituents listed on the MSDS. If the facility has no other toluene, the manager can calculate the quantity of HC present, 50% toluene x 15,000 pounds = 7,500 pounds of toluene. Since the manager is reporting based on HCs contained in the mixture, this quantity of the HC toluene is below 10,000 pounds and would not need to be reported under the 10,000 pound threshold.
 
Reporting by Mixtures
 
Facility B has 15,000 pound of paint which contains 50% toluene. The facility also stores from 2,000 to 8,000 pounds of each of seven different mixtures containing from 20% to 68% toluene. The manager of this facility may opt to report based on HC components and sum the quantity of toluene contained in each of the eight mixtures to see if it exceeds 10,000 pounds (the current threshold). The manager of Facility b may instead choose to simplify the threshold determination process by reporting based on the quantities of products present at the facility. Since the only product present at the facility at or above the 10,000 pound threshold is the paint, the manager can report the paint and avoid the trouble of considering the other seven mixtures. (Note: This example assumes that the seven mixtures do not contain EHSs. Non-EHS chemicals do not meet to be aggregated. If the products contained EHSs, the EHSs would need to be aggregated).
 
 
 
Instructions for Step 14        Back to Step 14    GOTO: Top of Page
 
 
Using the Optional Aggregation Worksheet B format is one of the most straight-forward ways of assuring that no HCs present in the inventory are missed when determining if any HCs exceed the thresholds. However, the Aggregation Worksheet B is not a regulatory requirement. If the inventory of chemicals at the facility is small enough to be manageable by written worksheets and other hard-copy means, then using copies of the Optional Aggregation Worksheet B in its present form may be the best method of aggregation all HCs. If the facility manages a more sizeable number of chemicals, it may be advantageous to use an alternative system which performs the same aggregation function, such as implementing a computer database using the Aggregation Worksheet B as guidance for developing the database specifications.
 
This choice must be tailored to the situation at each facility. This section is set up to allow you to choose either to report all HCs at the facility by mixture or by component. It is, however, acceptable to report some HCs by components and others by mixtures, provided no HCs are missed. Reporting by both components and mixtures can greatly complicate reporting and must be preformed cautiously
 
 
 
Instructions for Step 15        Back to Step 15    GOTO: Top of Page
 
 
Notice that you are beginning one Aggregation Worksheet B for each reportable product/mixture (this involves making copies of the Optional Aggregation Worksheet B). Since the threshold for reporting is currently 10,000 pounds, it is not necessary to record products that are present at the facility in very small quantities, provided no chemical which exceeds the threshold is missed.
 
 
 
Instructions for Step 16        Back to Step 16    GOTO: Top of Page
 
 
Complete each Aggregation Worksheet B based on the information contained in the Optional Inventory Worksheets.
 
 
 
Instructions for Step 17        Back to Step 17    GOTO: Top of Page
 
 
Notice that you are beginning one Aggregation Worksheet B for each reportable HC (this involves making copies of the Optional Aggregation Worksheet B).
 
 
 
Instructions for Step 18        Back to Step 18    GOTO: Top of Page
 
 
Complete each Aggregation Worksheet B based on the information contained in the Optional Inventory Worksheets.
 
 
 
Instructions for Step 19        Back to Step 19    GOTO: Top of Page
 
 
This should be the total weight of the HC or product/mixture present at the facility.
 
 
 
Instructions for Step 20        Back to Step 20    GOTO: Top of Page
 
 
At the time this guidance was issued, EPA only requires reporting of HCs or product/mixtures which meet or exceed the 10,000 pound threshold (provided they do not contain EHSs).
 
 
 
Instructions for Step 21        Back to Step 21    GOTO: Top of Page
 
 
These one-time requirements initiate a file on your facility at the Local Emergency Planning Committee (LEPC), State Emergency Response Commission (SERC), and the local fire department(s). The file only needs to be initiated once by the submission of a list of EHSs and HCs or by the submission of copies of the Material Safety Data Sheets (MSDSs) for the EHSs and HCs present at the facility. (40 CFR 372.21)
 
EPA gives facilities the option of satisfying the requirements of Section 311 by either submitting a list of all EHS and HC present at the facility above the threshold quantities and including which hazards are presented by each or by submitting copies of the MSDS for each of these chemicals. Most LEPCs and fire departments prefer the list because it is more compact and is easier to use. It is also generally easier to product a list of chemicals for a facility than it is to make three copies of each MSDS. Submitting a list also relieves the facility of the MSDS update requirement (STEP 29).
 
 
 
Instructions for Step 22        Back to Step 22    GOTO: Top of Page
 
 
Either option will fulfill the one-time submission requirements of Section 311 of EPCRA.
 
Instructions for Step 22 A
 
Use the second column of the Tier II form to indicate which of EPA's five hazard categories apply to each chemical. The five hazard categories are described in 40 CFR 370.2 as follows:
 
  1. Fire hazard - includes flammable, combustible liquid, pyrophoric, and oxidizer (as defined in 29 CFR 1910.1200),
     
  2. Sudden release of pressure - includes explosive and compressed gas (as defined in 29 CFR 1910.1200),
     
  3. Reactive - includes unstable reactive, organic peroxide, and water reactive (as defined in 29 CFR 1910.1200),
     
  4. Immediate (acute) health hazard - includes highly toxic, toxic, irritant, sensitizer, corrosive (as defined in 29 CFR 1910.1200), and other hazardous chemicals that cause an adverse effective to a target organ and which effect usually occurs rapidly as a result of short term exposure and is of short duration, and
     
  5. Delayed (chronic) health hazard - includes carcinogens (as defined in 29 CFR 1910.1200), and other hazardous chemicals that cause an adverse effect to a target organ and which effect generally occurs as a result of long term exposure and is of long duration.
 
Instructions for Step 22 B
  
The list or MSDSs requirement can be satisfied by completing and submitting the first two columns of the Tier II (as you will need to do to complete the Tier II) to all LEPCs, SERCs, and local fire departments with jurisdiction over the facility. You may want to separate these two completed columns from the Tier II form and attach them to a separate sheet. It is important to indicate that this submission is distinct from the from the Tier II submission by labeling it "List submission for Section 311". This will allow any LEPC, SERC, and local fire department to file the list with the other list submissions (which are kept up to date within three months - please refer to Step ), rather than with the Tier II forms (which are kept updated yearly - Please refer to Steps 25 - 28).
 
 
Instructions for Step 23        Back to Step 23    GOTO: Top of Page
 
 
Make at least three copies of the MSDS for each EHS and HC which you have found to be present at the facility above the reportable thresholds during the previous calendar year. Send one of the copies to each LEPC, SERC, and local fire department with jurisdiction over the facility. Remember to keep the originals at the facility.
 
 
 
Instructions for Step 24        Back to Step 24    GOTO: Top of Page
 
 
The SERC can be found by calling the state environmental office. The LEPC can be found by call the SERC. The list or MSDSs must be submitted once, unlike many reporting requirements which must be submitted yearly. Although updates are required (Please refer to Steps 29 - 32), the original submission does not need to be repeated.
 
 
 
Instructions for Step 25        Back to Step 25    GOTO: Top of Page
 
 
These requirements call for yearly submissions. Therefore, the steps involved in fulfilling the requirements must be incorporated into the yearly routine of the facility to assure that the requirements are met. The Tier I form must be submitted by March 1, for all chemicals which met the reporting thresholds during the previous calendar year. (40 CFR 370.25)
 
The Tier I form may be easier for some facilities since it requires less detail. Although the Tier I form is sufficient to satisfy the federal EPCRA requirements, some states are requiring the Tier II form. Check with your state to see if the Tier I form will satisfy the requirements.
 
 
 
Instructions for Step 28        Back to Step 28    GOTO: Top of Page
 
 
Copies of the Tier I or Tier II form must be filed with every LEPC, SERC, and local fire department which has jurisdiction over the DOE facility. These organizations will use the forms in emergency planning and will make the forms available to the public.
 
 
 
Instructions for Step 29        Back to Step 29    GOTO: Top of Page
 
 
Incorporate these requirements into the facility's procedures such that they are always accomplished when the situations arise since there are no predictable reporting dates. (40 CFR 370.21, 370.25, 370.30)
 
Any time significant information on the MSDS is changed (i.e., TLVs changed by OSHA, new toxicological data developed), new MSDS that incorporated this information must be submitted to the LEPC, SERC, and local fire department. (40 CFR 370.21 (c)(1))
 
Since the information submitted on the list does not change when new MSDS information changes, facilities which submitted a list do not fall under this requirement.
 
 
 
Instructions for Step 30        Back to Step 30    GOTO: Top of Page
 
 
As soon as possible, but at least within three months of the discovery, submit newly discovered hazard information to the LEPC, SERC, and local fire department. This will keep their records up to date.
 
 
 
Instructions for Step 31        Back to Step 31    GOTO: Top of Page
 
 
LEPCs may request MSDSs or Tier II forms for any EHS or HC present at the facility regardless of the quantity of the chemical present.
 
 
 
Instructions for Step 32        Back to Step 32    GOTO: Top of Page
 
 
Fulfill the LEPC request within 30 days, unless legitimate national security interests prevent you.
 
 
 
DOE Office of Environmental Policy and Guidance