SARA Title III Reporting is also known as Emergency Planning and Community Right-to-Know Act (EPCRA) Reporting and serves to help communities plan for and manage chemical emergencies. EPCRA Reporting requires industrial facilities to report the storage, use, and release of hazardous materials which allows local governments and emergency responders to improve the quality of their emergency planning. The vast majority of industrial facilities are required to report because it is extremely common for a facility to store or use at least one reportable hazardous material in its business operations. Review of the state environmental regulator’s website is typically required to determine which reporting system is used as it can vary from state to state. There are also several types of reporting included under the EPCRA reporting umbrella:
Section 302 Reporting – Deadline: Within 60 Days of First Storage:
A facility is required to maintain knowledge of the materials stored onsite along with Safety Data Sheets (SDSs) that describe the associated hazards of the material. If a facility stores an amount of an Extremely Hazardous Substance (EHS) exceeding its Threshold Planning Quantity (TPQ), then a 302 Report is required. EHSs are identified on the EPA’s List of Lists, which detail a specific substance’s TPQ. TPQ’s can be as low as 100 lbs depending on the severity of hazards associated with a particular material. This report is a one-time submittal and is required within 60 days of the chemical first being stored at the facility. Even though the reporting is only required once, a subsequent report might be required if significant storage changes are made.
Section 304 Reporting – Deadline: Immediately:
If a facility has a release of any chemical that exceeds the Reportable Quantity (RQ) detailed on the List of Lists within a 24-hour period, the facility is required to submit a Section 304 Report immediately. Depending on the chemical released, a facility may be required to notify its Local Emergency Planning Committee (LEPC), State Emergency Response Commission (SERC), and/or the National Response Center (NRC). The Notifications should be made verbally immediately after discovering a release, with the written report being sent as soon as practicable. Verbal reports should be made by phone, while the written report can be made using state-specific methods.
Annual Section 311/312 Reporting – Deadline: March 1st:
If a facility stores a hazardous material on site in quantities greater than or equal to 10,000 pounds at any time during the previous calendar year, the facility is required to submit a 312 Report. The 312 Report is also commonly referred to as the Tier II Report. A material is classified as hazardous based on review of its SDS. If the SDS lists a single hazard, then the material is considered to be hazardous. In addition to the 10,000 pound threshold, if a facility stores an EHS in quantities greater than or equal to 500 pounds or the chemical’s TPQ (whichever is lower), then a 312 Report should also be submitted for that material as well. Tier 2 Reports are annual reports that must be submitted by March 1st for the previous year.
The Section 311 Report is a one-time report that includes the material’s SDS as well as other information pertaining to the chemical’s storage. The 311 Report is required when a facility stores a hazardous material onsite for the first time. The 311 and 312 Reports are required to be submitted to the facility’s SERC, LEPC, and local fire department. Each SERC, LEPC, and local fire department may have different requirements regarding the submission of the 311 and 312 reports, so a facility should ensure the proper submittal methods are being utilized each year.
Annual Section 313 Reporting – Deadline: July 1st:
If a facility uses a hazardous chemical identified in the Section 313 column of the List of Lists, the facility may have to submit a Section 313 Report, otherwise known as a Form R/Form A Report or Toxic Release Inventory (TRI) Report. A Form A is a much simpler version of the Form R, but it comes with many requirements that limit who can submit this report in lieu of the Form R. Before a determination can begin on chemical usage, a facility should ensure it is required to submit a Section 313 Report. If a facility has at least 10 full-time employees and has a covered Standard Industrial Classification (SIC) code, the facility should continue to determine if it is required to report for Form R.
Once a facility determines it has the potential to submit Form R reports, a full inventory of the chemicals used at the facility should be taken. If any of the chemicals used at the facility include a 313 Reportable Chemical as identified in the Section 313 column of the List of Lists, your facility should determine the total amount of the chemical used in the previous calendar year.
After the inventory has been fully prepared, a facility should determine how the chemicals were used. If a chemical was manufactured or processed in quantities greater than or equal to 25,000 pounds, the facility is required to submit a Form R report for that specific chemical. If a chemical was otherwise used (a chemical not incorporated into a product such as a cleaning chemical) in quantities greater than or equal to 10,000 pounds, the facility is required to submit a Form R report for that specific chemical. Once the determination has been made, a facility is then required to report all the different types of releases of that chemical that occurred during the previous year whether the chemical was emitted, disposed of, discharged to streams, etc. The facility is also required to calculate the amount, in lbs, of each type of release. The 313 Report is required to be submitted to the EPA by July 1st of each year using TRI-ME Web.
What to do next?
CTI has had over 30 years of experience working with industrial facilities to complete SARA Title III Reporting. If you find that your facility is required to report under SARA Title III, Conversion Technology Inc. (CTI) can provide consulting assistance to match whatever your needs are. This can include determination of reporting requirements and preparation/submittal of all SARA Title III Reporting and Notifications, review of current SARA Title III Reporting to ensure all hazardous materials have been accounted for, and review of release calculations specific to TRI Reporting. We will be happy to assist you with whatever consulting services you are in need of.