Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment of or discarding of barrels, containers, and other closed receptacles) of any listed substance that exceeds the reportable quantity is considered an emergency release.

There are several lists of chemicals covered by this requirement:

Extremely Hazardous Substances identified under Federal EPCRA are listed in Alphabetical Order and in CAS Number Order in the Electronic Code of Federal Regulations.

Hazardous Substances identified under the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) are listed, along with their reportable quantities, in the Electronic Code of Federal Regulations.

Delaware’s regulations regarding Reporting of a Discharge of a Pollutant or Air Contaminant (7 DE Admin. Code 1203) also contains a list of regulated substances.

For each listed substance, a Reportable Quantity (RQ) is identified. Each list identified above must be consulted to determine if a substance is reportable.

Any facility or transporter that has an emergency release must report the release. Both initial and follow-up reporting are required.

Under the Federal EPCRA requirements, immediate notifications for covered releases must be made to the SERC and the Community Emergency Coordinator for the LEPC. If a facility is located such that a release is likely to affect more than one SERC and/or LEPC jurisdiction, the facility must provide the required notification to each of the SERCs and each of the LEPCs for areas likely to be affected by the release.

Per Delaware Code, notifications to the Delaware SERC are fulfilled by notifying the Department of Natural Resources and Environmental Control (DNREC). The number for notifying DNREC is 1-800-662-8802. For notifications to LEPC Community Emergency Coordinators in Delaware, a central phone number was established. The number is 1-866-274-0884. After dialing this number, callers will be prompted to select from Delaware’s 4 LEPCs. They will then be connected to a voice mailbox from the selected LEPC, and will be prompted to leave the required notification information.

Facilities are reminded that if emergency assistance is needed, they must also contact 911. Notification to the phone number for LEPC Community Emergency Coordinators serves to fulfill the Federal EPCRA requirements, and will not result in an immediate response to the facility. Facilities are also reminded that most releases also require notification to the National Response Center at 1-800-424-8802.

It should be noted that Federal EPCRA has different requirements for transportation-related releases. Emergency notification requirements involving transportation incidents (not at fixed facilities) can be met by dialing 911, rather than notifying the SERC and LEPC Community Emergency Coordinators.

Initial Notifications must include:

• The chemical name or identity of any substance involved in the release.
• Location of the release.
• An indication of whether the substance is on the extremely hazardous substance list.
• An estimate of the quantity of any such substance that was released into the environment.
• The time and duration of the release.
• The medium or media into which the release occurred.
• Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals.
• Proper precautions to take as a result of the release, including evacuation.
• The names and telephone number of the person or persons to be contacted for further information.

Under the Federal EPCRA requirements, a written follow-up emergency notice (or notices, as more information becomes available) must be submitted as soon as practicable after a reportable release. These written follow-up reports must be submitted to the appropriate LEPC(s) and to the SERC.

As specified in Delaware Code, submission to the SERC is fulfilled by sending reports to DNREC. A central repository for written follow-up reports has been established within DNREC, along with a specific address for submissions. The Federal EPCRA regulation, identifies those items required to be provided with initial notifications and written follow-up reports.

Follow-up notifications must include:

• An update of any information given in initial notification.
• Actions taken to respond to and contain the release.
• Any known or anticipated acute or chronic health risks associated with the release.
• Advice regarding medical attention necessary for exposed individuals.

Several additional items are required to fulfill the Delaware Regulation 6028/Regulation 1203 requirements. Please use the “Reporting of a Discharge of a Pollutant or an Air Contaminant” Incident Report Form to fulfill state and federal requirements.

Any facility required by U.S. Occupational Safety and Health Administration (OSHA) regulations or Delaware’s “Worker Right-to-Know” provisions to prepare or maintain an SDS for a chemical on-site may be covered.

Safety Data Sheets (SDS) (previously referred to as MSDS) provide important information concerning the identity, properties, and hazards of chemicals. They also contain other useful information, such as firefighting precautions.

Two groups of chemicals are covered:

Extremely Hazardous Substances identified under Federal EPCRA are listed in Alphabetical Order and in CAS Number Order in the Electronic Code of Federal Regulations.

Hazardous Chemicals – Any chemical considered a physical or health hazard under OSHA’s Hazard Communication Standard. (Note: there is not a list of these substances.)

If at any time during the year the amount of a chemical you have at your facility meets or exceeds the following threshold amounts, the chemical may be reportable:

Extremely Hazardous Substances – 55 gallons, 500 pounds, or the Threshold Planning Quantity (TPQ), whichever is lower.

Hazardous Chemicals – 55 gallons or 500 pounds, whichever is lower. (Note: There are some substances for which a higher threshold may apply; contact the Delaware EPCRA Reporting Program for more information).

In Delaware, the Tier II Manager^TM reporting system allows facilities to complete and submit Annual Hazardous Chemical Inventory (Tier II) reports and Safety Data Sheets online.

The online system has built in edit checks that help avoid routine errors. Even more importantly, data reported on-line is immediately available for use by emergency planning and response agencies, avoiding delays associated with processing of paper submittals.

An added benefit of using Tier II Manager^TM is that the system will accept reporting fee payments electronically on-line. However, you can also report on-line and mail a check if you would prefer. No special software is needed to report on-line. All you need is a computer and internet access.

Under the Federal requirements, facilities may satisfy the Safety Data Sheet (SDS) reporting requirement by submitting a copy of the SDS for each hazardous chemical or by preparing a list of hazardous chemicals for which an SDS is maintained and the physical and health hazards associated with each of the chemicals. In Delaware, a list is requested in lieu of SDS. Actual copies of SDS for certain substances will be requested as necessary for emergency planning and response references, or to fulfill public requests.

Aside from facility location and emergency contact information, the identity, hazards, amounts and locations of reportable chemicals at the facility are outlined on the forms. Site plot plans must be provided as well.

Federal EPCRA regulations require that the Hazardous Chemical Inventory and the Safety Data Sheet reports be sent to the SERC, to the LEPC and to the local fire department; however, in Delaware by submitting the report through the online Tier II Manager^TM System, you fulfill your reporting requirements under both state and federal law.

Safety Data Sheet reporting includes an initial submittal and periodic updates. Once an initial submittal has been made, updates should be prepared and submitted within three months of the receipt of a new chemical, a chemical first exceeding the threshold, or a significant change in hazard information for a chemical.

Tier II Hazardous Chemical Inventory reports are due annually by March 1 covering activities at the facility during the previous calendar year.

Facilities submitting Hazardous Chemical Inventory forms may be subject to an annual fee based upon the number and type of substances reported. There are exemptions from reporting fees for certain substances and facilities. These funds are used to support the activities of LEPCs and to gather the data in a usable format to support local fire fighters and other emergency personnel in planning for and responding to emergencies at or near your facility. Reporting fees can be paid online within the Tier II Manager^TM system.

There are no fees required for Safety Data Sheet reporting.

Facilities covered under TRI are required to report on-site releases, off-site transfers, and on-site waste management activities related to their use of certain toxic chemicals. This information is compiled and made available to the public.

Reports must be filed by owners/operators of facilities that meet all three of the following criteria.

The facility has the equivalent of 10 or more full-time employees.

The facility is classified in a covered North American Industrial Classification System (NAICS) Code, or is a federal facility.

The facility manufactures (defined to include importing), processes, or otherwise uses a listed toxic chemical in quantities equal to or greater than the established threshold in the course of a calendar year. The thresholds for non-Persistent Bioaccumulative Toxic (PBT) chemicals are:

• Manufactured or Processed – 25,000 pounds
• Otherwise Used – 10,000 pounds

For PBT chemicals, the thresholds are in the range of 10-100 pounds and are specific to the chemical. The threshold for Dioxins, a special PBT, is 0.1 grams.

For more specific information regarding covered NAICs codes or other reporting criteria, such as the definitions of full-time employee, manufacture, process, and otherwise use, please contact the Delaware EPCRA Reporting Program or the U.S. EPA Toxics Release Inventory (TRI) Program.

Facilities must complete a Form “R” for each reportable chemical, utilizing EPA’s Automated TRI-ME web reporting application. Although facilities that meet certain criteria may submit an abbreviated report called Form “A” for a reportable chemical, DNREC recommends all reports be submitted on Form R. After a facility determines that it must report on a given chemical, the facility is eligible to use Form A for that chemical if,

For non-PBTs:

• The sum of releases does not exceed 500 pounds , and
• The total annual amount of the chemical manufactured, processed, or otherwise used does not exceed 1,000,000 pounds.

For PBT’s, NO PBT’s may be reported on Form A

DIOXINS must be reported using Schedule 1, available in TRI-ME web.

Form A is a two-page report that only provides facility information (essentially the same as Part 1 on the Form R) and the identification of the chemical, but no release, transfer, and waste management data. Because of the lack of data, DNREC does not recommend use of Form A.

Reporting instructions can be obtained by contacting either the Delaware EPCRA Reporting Program or the U.S. EPA Toxics Release Inventory (TRI) Program.

For Delaware facilities, reports are to be submitted using EPA’s TRI reporting program, TRI-ME web, and submitted over the internet to EPA’s Central Data Exchange (CDX) system. TRI-ME Web does not require loading on your computer to file the reports. Completed reports submitted to the EPA TRI-ME web CDX system will be automatically forwarded to DNREC and do not require an additional certification letter. There are no reporting fees associated with Toxics Release Inventory reporting in Delaware.

Forms are due annually by the first business day following June 30 (normally July 1) covering activities at the facility during the previous calendar year.