Community Right to Know
Table of Contents
Purpose
The Emergency Planning and Community Right-to-Know Act (EPCRA), also known as the Superfund Amendment and Reauthorization Act (SARA) Title III, has two major purposes:
- To encourage and support emergency planning for responding to chemical accidents; and
- To provide local governments and the public with information about possible chemical hazardous in their community.
Reporting Requirements
To achieve these goals there are four main parts to reporting;
1) Section 302 of SARA Title III outlines requirements if an Extremely Hazardous Substance (EHS) is present at a facility in a quantity greater than or equal to the established Threshold Planning Quantity (TPQ). The presence of EHSs in such quantities designates a facility as a planning facility.
Form 302 Emergency Planning Notification [PDF]
The facility must therefore, submit written notification within 60 days of storing an EHS to the following:
Indiana Emergency Response Commission
c/o IDEM
Attn: Tier II
100 N. Senate Ave., Rm. 1101
Indianapolis, IN 46204-2241
2) Section 304 of SARA Title III details the requirements for a facility's reporting of accidental releases of hazardous substances which will migrate off site. The release of any CERCLA hazardous substance or any EHS in excess of the established reportable quantity (RQ) for the substance must be reported immediately.
3) Section 311 reporting is the submission of either a Material Safety Data Sheet (MSDS) or a list of reportable chemicals under Section 312 of SARA Title III (stored chemicals in quantities greater than or equal to the minimum threshold levels), grouped by hazard category. If at any time after the initial submission
- a facility obtains a new unreported substance,
- a hazardous chemical present at a facility meets or exceeds its threshold level for the first time, or
- significant new information concerning the hazards of a chemical stored by a facility is communicated via a revised MSDS, then either the updated list or the relevant MSDS must be sent to the IERC, appropriate LEPC, and local fire department.
Form 311 Reporting [PDF] The address listed on this form is not correct. Please use the address listed below.
This supplemental information is due within 90 days of receiving the new chemical or information and must be submitted to the following:
Indiana Emergency Response Commission
c/o IDEM
Attn: Tier II
100 North Senate Avenue
IGCN Room 1101
Indianapolis, IN 46204-2241
4) A facility required to prepare or have available MSDSs for hazardous chemicals/substances under OSHA must prepare and submit an emergency and hazardous chemical inventory form (Tier II). The types of chemicals and the requirements for reporting are
- hazardous chemicals that are stored in excess of 10,000 pounds and
- EHSs stored in excess of 500 pounds or the TPQ, whichever is smaller.
Form 312 Non Confidential Location Information [PDF]
This is an annual reporting requirement due by March 1 of each year and must be sent to the IERC/IDEM, appropriate LEPC, and local fire department at the following:
Indiana Emergency Response Commission
c/o IDEM
Attn: Tier II
100 North Senate Avenue
IGCN Room 1101
Indianapolis, IN 46204-2241
Local Emergency Planning Committee (LEPC)
LEPC - County where the facility is located
Report Online
IDEM’s new online reporting tool will be available January 1, 2009. Go to the Tier II Reporting Options Web page for more information.
HC-500
Owners and operators are required to file the Hazardous Chemical Inventory Fee Return. It is important to note that 90% of the hazardous chemical inventory fees collected are returned to the local community for public education and implementation of safety measures concerning hazardous chemicals. The Indiana Department of Revenue will mail the HC-500 form to facilities.
Direct any questions about fees to:
Indiana Department of Revenue
Chris Scheller
Environmental Tax Section
5150 Decatur Blvd.
Indianapolis, IN 46241
(317) 615-2589
Additional Information
- Tier II Reporting Options
- Tier II regulations and legislation
- Tier II list of list
- CRTK Tier II Reports for 2001 through 2007
For help contact Marcus Johnson at mjohnson at idem.IN.gov (317) 233-0066 or call the federal hotline at (800) 424-9346.
