Tier II / Related Forms & Compliance Assistance
District 1 LEPC staff, West Florida Regional Planning Council at 850-332-7976.
Tier II and March 1 Forms / Section 302 and 311 Declarations / Section 304 Releases / Section 313 Releases / Risk Management Planning
Tier II and March 1 Form
Businesses, industries, and utilities must complete a number of forms to remain compliant with the Emergency Planning and Community Right-To-Know Act of 1986. Hazardous substances that must be reported can be easily identified as needing to be listed on appropriate forms when proper reference materials are available or consultation with SERC, LEPC, a risk manager, environmental health and safety expert, or private consultant is sought. SERC and LEPC can provide free assistance upon request. Reporting is required by March 1 each year if thresholds for reporting are met on even one day of the previous year. Tier II forms are similar to IRS 1040 forms in that they report substances that were present at a facility for the previous 365 (or 366) days prior to January 1 of the current year.
Obtain the Florida SERC How-To-Comply Handbook and other publications (electronic or hardcopy). The HTC Handbook and electronic reporting software are available online. Visit the Florida SERC website for copies of forms, handbooks, and reporting software.
D1 LEPC staff can provide assistance, as well. Make an appointment to see a staff member at our offices. Have paperwork (Tier II, 302 Declaration forms, etc.) and go over each form step by step with LEPC or SERC staff. Fax a draft form to LEPC staff for review and provide comments on before you make it final. D1 LEPC staff can also provide some assistance in identifying the fire district with jurisdiction over your reporting facility.
REMEMBER - The deadline for Tier II reporting is March 1. It is your responsibility to meet this deadline.
Section 302 and 311 Declarations
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:
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The total mixture weight can be counted as the amount of EHS; or |
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The actual amount of the EHS in the mixture can be determined. The concentration 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. EPCRA requires that substances reaching thresholds for reporting be documented and reported within sixty days (60) of being brought to a facility. Section 302 Declarations and Section 311 forms should be used for this reporting. Facility owners should not wait to report new substances reaching thresholds on the next year's Tier II forms. The purpose of EPCRA is to notify the emergency response community of the substance's presence in order to protect safety, health and the environment in case of an accident or emergency.
Visit the Florida SERC website for more information, or contact LEPC staff at 850-332-7976 Ext. 259 or 800-226-8914 Ext. 259.
Section 304 Releases/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:
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Extremely Hazardous Substances (EHSs); and |
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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:
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the SERC; and |
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the appropriate Community Emergency Coordinator for the LEPC, at the LEPC mailing address. |
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.
Section 313 Releases
Routine emissions from manufacturing facilities are often reportable on Section 313 forms, or Form R. This information is eventually published by the U.S. Environmental Protection Agency as the Toxic Release Inventory, or TRI, report.
For more information, contact the staff of the State Emergency Response Commission.
Risk Management Planning
Section 112(r) of the Clean Air Act implemented Risk Management Planning (RMP) for certain manufacturing, business, and utility facilities that store certain amounts of extremely hazardous substances.
The LEPC can provide important information when preparing or updating RMP's. For example, staff can help identify critical facilities and populations nearby a subject RMP location. For more information, contact the staff of the State Emergency Response Commission or LEPC staff at 850-332-7976 Ext. 259 or 800-226-8914 Ext. 259.