2014 is a big year for changes in the EPCRA Tier II Reporting, which by the way is due by March 1st. This year, OH EPA (and I am sure OH is not the only state) is now requiring the person responsible for the Tier II forms to obtain an “approval signature” from the responding fire department OR an LEPC representative. On page 13 of OH-EPA’s Facility Reporting Compliance Manual it states:
2014 is a big year for changes in the EPCRA Tier II Reporting, which by the way is due by March 1st. This year, OH EPA (and I am sure OH is not the only state) is now requiring the person responsible for the Tier II forms to obtain an “approval signature” from the responding fire department OR an LEPC representative. On page 13 of OH-EPA’s Facility Reporting Compliance Manual it states:
8) Your map is to include all the above information found in Sections (A), and (B) must be submitted to the SERC, LEPC, and the fire department, unless otherwise negotiated and agreed to by the LEPC or the fire department having jurisdiction over the facility. A letter signed by the fire department or LEPC representative must be attached to the map stating that they have agreed to the attached map. Information requested under (7) must be supplied not withstanding any agreement entered into under (8).
Now I point this out as a client who is in the midst of completing his Tier II reports met with the Fire Inspector today to do the annual assessment and pre-planning and while doing this he asked the Fire Official to either sign a letter he provided or to provide a signed letter stating they agree to the Tier II maps the facility will be submitting. The fire official was totally caught off guard by this request, so we asked him how many other of the neighboring facilities had contacted him about this need and he said ZERO. He also began scartching his head – wondering how in the hell he would manage this demand if all of his EPCRA facilities contacted him in the next week for his signature.
So I wonder if EPA has actually thought this through all the way. Did they even check with the local FD’s about resourcing this requirement. I can only imagine what is going to happen with those facilities covered by a volunteer department.
Is everyone getting the signature of your local FD official or LEPC offical for their TIER II submital?
Click Here to download OH-EPA’s Facility Reporting Compliance Manual
UPDATE on 3/10/14 – I have received hundreds of questions/comments regarding this posting. It seems that there is a large number of EHS professionals who believed this to be ONLY in the manual, which is not a “citable offense” by OH EPA. So here is the actual OH EPA Code (3750-30-20) regarding this requirement. This is a REGULATORY requirement; however, it ONLY applies when we wish to deviate from the map requirements in sections (b) thru (d) below. If we do NOT deviate, Ohio EPA does NOT require the approval signatures on the map. Many thanks to Mike the OH EPA Attorney who looked into this matter for us. He was not sure why anyone would deviate from the rule, except maybe for some confidentiality issues. OH EPA could not provide data as to how many facility actually do this or how many deviate from the required map data. I have posted the application section of the code below. PLEASE NOTE the level of DETAIL our maps are REQUIRED to provide if we do NOT wish to obtain “approval signatures”!
(8) The general location of each hazardous chemical present at the facility.
(a) An owner or operator shall submit a map indicating the following:
(i) Fixed and stationary items.
(ii) The storage locations of those hazardous chemicals present at the facility in quantities equal to or greater than the threshold quantity established under rule 3750-30-27 of the Administrative Code or those extremely hazardous substances present at the facility equal to or exceeding the threshold planning quantities established under rules 3750-30-27 and 3750-20-30 of the Administrative Code or five hundred pounds as reported on the annual inventory form.
(b) A map shall identify the facility buildings located at the site or on contiguous property including:
(i) Buildings;
(ii) Building openings;
(iii) Building or rooms including location;
(iv) Building floors.
Only those buildings or rooms used for chemical storage shall be identified.
If a room or building is used as a warehouse. the map shall identify such area by labeling the room as a “warehouse.”
For purposes of this rule “warehouse” means any area where chemicals are moved frequently to accommodate storage incidental to shipping.
(c) A map shall identify the facility’s surrounding are including:
(i) Drive though gates;
(ii) Bordering streets;
(iii) Access roads;
(iv) Surrounding land uses;
(v) Waterways.
(d) A map shall identify any storage structures or areas including:
(i) Inside storage tanks;
(ii) Outside storage tanks;
(iii) Inside storage areas;
(iv) Outside storage areas.
For purposes of this rule, “tank” means a totally enclosed container.
(e) A map shall identify portable containers stored in a single large areas as other storage.
For purposes of this rule, “portable containers” means any container which is not stored in a permanent place.
(f) A map shall indicate compass direction and scale representations.
(g) A map shall include the facility’s name and address.
(h) The information required in paragraphs (B) through to (D) of this rule shall be submitted to the commission, committee and fire department having jurisdiction over the facility unless otherwise negotiated and agreed to by the committee or the fire department. The negotiated information shall be approved by the committee or fire department and provided in a letter indicating approval to the commission, attached to the map.