EPCRA and UW System campuses
Information for compliance with the
Emergency Planning and Community Right-to-Know Act
for University of Wisconsin System campuses
(UWS Env 2005-01)
Table of Contents
General EPCRA information .......................................................................................... 1
Emergency Planning Notification for Extremely Hazardous Substances....................... 2
Emergency Release Notification..................................................................................... 3
MSDS Chemical List Submission .................................................................................. 4
Tier Two Emergency and Hazardous Chemical Inventory Reports ............................... 6
Toxic Chemical Inventory Release (TRI) Reporting...................................................... 8
This publication was prepared for University of Wisconsin System campuses, to assist in finding
resources and information for regulatory compliance. It is not intended to render legal advice.
?2005 Board of Regents of the University of Wisconsin System
EPCRA and UW System campuses UWS Env 2005-01
General EPCRA information
This guidance is intended to provide University of Wisconsin System campuses with
information on how the Emergency Planning and Community Right-to-Know Act
(EPCRA) affects campuses in Wisconsin. It covers the following topics:
?Emergency Planning Notification for Extremely Hazardous Substances
?Emergency Notification of Release and Wisconsin Spill Reporting Requirements
?MSDS Chemical List Submission
?Tier Two Emergency and Hazardous Chemical Inventory Reports
?Toxic Chemical Inventory Release (TRI) Reporting
See also "An Information Guide: Emergency Planning and Community Right-to-Know Act," published by
Wisconsin Emergency Management, November 2001.
Regulatory citations
Emergency Planning and Community Right-to-know Act
Code of Federal Regulations, 40 CFR Parts 355, 370, and 372.
Wisconsin Statutes, ?66.20.
Wisconsin Administrative Code, Chapters WEM 1 and WEM 3
References
?"An Information Guide: Emergency Planning and Community Right-to-know Act, Wisconsin Statute 166.20,"
published by Wisconsin Emergency Management, November 2001.
?"The Emergency Planning and Community Right-to-Know Act: Section 313 Release and Other Waste
Management Reporting Requirements." Environmental Protection Agency publication EPA 260/K-01-001,
February 2001.
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Emergency Planning Notification for Extremely Hazardous
Substances
Applicability -- This section applies to any campus that has present at any one-time an
extremely hazardous substance (EHS) in amounts that equal or exceed the
chemical-specific threshold planning quantity (TPQ).
EHS's and their TPQ's are listed at 40 CFR Part 355, or on the EPA's "List of Lists."
Requirements -- Campuses meeting the applicability threshold must provide
Emergency Planning Notification (Form DMA 1003) to Wisconsin Emergency
Management (WEM) and the appropriate Local Emergency Planning Committee
(LEPC) within sixty (60) days after an EHS is present at the facility at or above
the TPQ.
These campuses must also provide the LEPC with the name, address, and
telephone number of a facility representative "who will participate in the
emergency planning process as the facility emergency coordinator."
There is a one-time $800 planning fee also due within 60 days of the EHS being
present at or above the TPQ. A 20% late payment surcharge is due if the fee is
paid after 60 days.
Regulatory citation and authority --
o EPCRA section 302 and 303
o s. 166.20, Wis. Stats.
o Ch. WEM 1, Wisconsin. Administrative Code
o Regulated by Wisconsin Emergency Management.
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Emergency Release Notification
Applicability -- This applies any time there is an off-site release of a Comprehensive
Environmental Response Compensation and Liability Act (CERCLA) hazardous
substance or EPCRA extremely hazardous substance (EHS) which meets or
exceeds the listed reportable quantity (RQ).
This is also referred to as the Federal Substance Release Reporting Law.
Reportable quantities (RQ's) for both EHS's and CERCLA hazardous substances are listed on the
EPA's "List of Lists."
Requirements -- Campuses meeting the applicability threshold must immediately
provide verbal notification to the appropriate governmental entities (listed below)
that an applicable release has occurred.
o National Response Center at 800-424-8802
o WEM at 800-943-0003
o Campus-specific LEPCs
Regulatory citation and authority --
o EPCRA section 304
o EHS's at 40 CFR 355, Appendices A and B
o CERCLA hazardous substances at 40 CFR 302, Table 302.4
o s. 166.20, Wis. Stats.
o Regulated by Wisconsin Emergency Management, EPA, and Wisconsin
Department of Natural Resources.
Important Note -- DNR Spill Law
In addition to the above, Wisconsin also has its own release reporting law under s.
144.76, Wis. Stats. The Wisconsin Department of Natural Resources (DNR) has authority
over the law and it is commonly referred to as the DNR spill law. The law requires that
the release of any hazardous substance be promptly reported to the DNR. A hazardous
substance is one that may cause harm to human health and safety or the environment. The
state hotline is staffed twenty-four hours a day, seven days a week. To provide
notification, call the state hotline at:
1-800-943-0003 -- use menu option #1 for substance release reporting.
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MSDS Chemical List Submission
Applicability -- This applies to all University of Wisconsin System campuses that have
present, at any time, either of the following:
?A hazardous chemical in quantities of 10,000 lbs. or more.
?An Extremely Hazardous Chemical (EHS) in quantities at or above 500 lbs. or
the TPQ for that chemical, whichever is lower.
"Hazardous chemical" is defined at 40 CFR 370.2. According to WEM, Wisconsin law does not
allow research laboratories to use the federal exemption generally available to research
laboratories and medical facilities. Therefore, campuses will need to include laboratory chemicals
in their assessments.
Lists of Extremely Hazardous Chemicals can be found at 40 CFR 355 (Appendices A and B) or in
the EPA's "List of Lists."
For important information on calculating amounts of chemicals in mixtures, refer to the
Wisconsin Emergency Management publication "An Information Guide: Emergency Planning and
Community Right-to-Know Act."
Exemptions may apply to some of your chemical inventory, and reduce the amount counted toward
this applicability.
Requirements -- For all chemicals meeting the applicability threshold, campuses must
submit to WEM, LEPC, and the local fire department either of the following:
?an MSDS for each hazardous chemical, OR
?an MSDS Chemical List, listing hazardous chemical grouped by hazard
category.
Section 311 is not an annual reporting requirement. However, revised MSDSs or
MSDS chemical lists must be provided to WEM, LEPC, and the local fire
department within three months after the discovery of significant new information
concerning the hazardous chemical or when a new hazardous chemical becomes
present at the facility above the established levels.
Exemptions -- Chemicals that fall under the EPCRA Section 311(e) reporting
exemptions, OSHA (29 CFR 1910.1200(b)), or the Petroleum Marketing Facility
Exemption do not count under this requirement.
According to WEM, the federal exemption for substances used in research
facilities is not available under Wisconsin law. Campuses might still find useful
the Section 311(e) exemptions that exclude from the definition of "hazardous
chemical" any substance to the extent it is used either:
? in a hospital or other medical facility under the direct supervision of a
technically qualified individual, or
? in routine agricultural operations.
Consult the Wisconsin Emergency Management publication "An Information Guide: Emergency
Planning and Community Right-to-Know Act" for more information on the other exemptions.
Regulatory citation and authority --
o EPCRA section 311
o 40 CFR 370
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o s. 166.20, Wis. Stats.
o Regulated by Wisconsin Emergency Management.
Chemical Mixture Example
Nalco 356 is a rust inhibitor used in some heating plants. It has 10-30%
cyclohexylamine, which is an EHS with a TPQ of 10,000 lbs. In our example, the amount
on hand varies, but the maximum that the heating plant will have is 300 gallons. If the
density of Nalco 356 is 7.22 lbs./gal., then this campus would have a maximum of 2,166
lbs. of Nalco at any one time. Assuming the concentration of cyclohexylamine is 30%,
this would equate to 650 lbs. of cyclohexylamine.
Even though the TPQ for planning purposes is 10,000 lbs., cyclohexylamine is an
EHS. Under the MSDS chemical list submission and Tier Two reporting rules, the
threshold quantity is the TPQ or 500 lbs., whichever is less. In this case, 500 lbs. is the
applicable threshold quantity for MSDS chemical list submission and Tier II. Since the
calculated maximum amount of cyclohexylamine on this campus at any one time is 650
lbs., this campus would need to comply with the requirements for MSDS chemical list
submission and Tier Two reporting for Nalco 356.
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Tier Two Emergency and Hazardous Chemical Inventory Reports
Applicability -- This applies to all University of Wisconsin System campuses that have
present, at any time, either of the following:
?A hazardous chemical in quantities of 10,000 lbs. or more.
?An Extremely Hazardous Chemical (EHS) in quantities at or above 500 lbs. or
the TPQ for that chemical, whichever is lower.
"Hazardous chemical" is defined at 40 CFR 370.2. According to WEM, Wisconsin law does not
allow research laboratories to use the federal exemption generally available to research
laboratories and medical facilities. Therefore, campuses will need to include laboratory chemicals
in their assessments.
Lists of Extremely Hazardous Chemicals can be found at 40 CFR 355 (Appendices A and B) or in
the EPA's "List of Lists."
For important information on calculating amounts of chemicals in mixtures, refer to the
Wisconsin Emergency Management publication "An Information Guide: Emergency Planning and
Community Right-to-Know Act."
Exemptions may apply to some of your chemical inventory, and reduce the amount counted toward
this applicability.
Requirements -- For all chemicals meeting the applicability threshold, campuses must
submit a completed Tier Two Emergency and Hazardous Chemical Inventory
form (Form DMA 1005) to Wisconsin Emergency Management (WEM), the
Local Emergency Planning Committee (LEPC), and the local fire department by
March 1st annually. Check exemptions to determine if they apply to portions of
your chemical inventory. Your report will frequently need to be accompanied by a
fee.
Copies of the completed form are required to be submitted to your LEPC and
local fire department with jurisdiction over the campus.
Exemptions -- Chemicals that fall under the EPCRA Section 311(e) reporting
exemptions, OSHA (29 CFR 1910.1200(b)), or the Petroleum Marketing Facility
Exemption do not count under this requirement.
According to WEM, the federal exemption for substances used in research
facilities is not available under Wisconsin law. Campuses might still find useful
the Section 311(e) exemptions that exclude from the definition of "hazardous
chemical" any substance to the extent it is used either:
? in a hospital or other medical facility under the direct supervision of a
technically qualified individual, or
? in routine agricultural operations.
Consult the Wisconsin Emergency Management publication "An Information Guide: Emergency
Planning and Community Right-to-Know Act" for more information on the other exemptions.
Regulatory citation and authority --
o EPCRA section 312
o 40 CFR 370
o s. 166.20, Wis. Stats.
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o Ch. WEM 1, Wisconsin Administrative Code
o Regulated by Wisconsin Emergency Management.
Typically reported Tier Two chemicals for
University of Wisconsin System campuses:
SARA Listed Chemical / Reportable Purpose / Location
Quantity / CAS #
Diesel Fuel #2 (10,000 lbs.) Fleet Use and Emergency Generators
68476-34-6
Ethanol (10,000 lbs.) Fleet Use
64-17-5
Freon HCFC R22 (listed for reporting) Campus Chilling System
(syn. Chlorodifluoromethane, CHClF2)
0075-45-6
Freon CFC R12 (5,000 lbs.) Campus Chilling System
(syn. Difluorodichloromethane,
CCl2F2) 0075-71-8
Fuel Oil #2 (10,000 lbs.) Campus Emergency Fuel Reserve
68476-30-2
Nitric Acid (1,000 lbs.) Laboratories
7697-37-2
Nitrogen, Cryogenic Liquid (10,000 Laboratories
lbs.)
7727-37-9
Sodium Chloride (syn. rock salt) Grounds Maintenance
(10,000 lbs.)
7647-14-5 (fee exempt)
Sulfuric Acid (1,000 lbs) Laboratories
7664-93-9
Unleaded Gasoline (10,000 lbs.) Fleet Use
8006-61-9
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Toxic Chemical Inventory Release (TRI) Reporting
Applicability -- By definition as a public agency under the emergency management
statute, University of Wisconsin System campuses are specifically included in the
EPCRA section 313 TRI regulations.
TRI Reporting applies to chemicals listed in EPCRA section 313. There are
approximately 650 chemicals and chemical categories, and they can be referenced
at 40 CFR 372.65 or in the EPA's List of Lists. As a subset of these chemicals,
the EPA has also established lower reporting thresholds for certain chemicals that
are Persistent, Bioaccumulative, and Toxic (PBT).
A report must be submitted for any EPCRA section 313 chemical that is not listed
as a PBT chemical, and which is manufactured or processed at a facility in excess
of the following threshold (this will probably not apply to any campus):
? 25,000 pounds per EPCRA section 313 chemical or category over the calendar
year.
A report must be submitted for any EPCRA section 313 chemical that is not listed
as a PBT chemical, and which is otherwise used at a facility in excess of the
following threshold ("otherwise used" includes sending off-site for disposal or
treatment):
? 10,000 pounds per EPCRA section 313 chemical or category over the calendar
year.
See 40 CFR 372.65 or the EPA's List of Lists to reference the section 313 chemicals and chemical
categories
A report must be submitted for any EPCRA section 313 chemical that is listed as
a PBT chemical, and which is manufactured, processed or otherwise used at a
facility above the designated threshold for that chemical. Names of PBT
chemicals, CAS Registry numbers, category codes for chemical categories, and
reporting thresholds are listed in the following table.
PBT Chemicals
Chemical Name or Chemical CAS Number or Supplier Reporting
Category Name Category Code Notification Threshold
De Minimis (lbs. unless
Level1 noted)
Aldrin 309-00-2 1.0 100
Benzo(g,h,i)perylene* 191-24-2 1.0 10
Chlordane 57-74-9 0.1 10
1.02
Dioxin and dioxin-like compounds* N150 0.1 grams
Heptachlor 76-44-8 0.1 10
Hexachlorobenzene 118-74-1 0.1 10
Isodrin 465-73-6 1.0 10
Mercury 7439-97-6 1.0 10
Mercury compounds N458 1.0 10
Methoxychlor 72-43-5 1.0 100
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Octachlorostyrene* 29082-74-4 1.0 10
Pendimethalin 40487-42-1 1.0 100
Pentachlorobenzene* 608-93-5 1.0 10
0.13
Polycyclic aromatic compounds* N590 100
Polychlorinated biphenyl (PCBs) 1336-36-3 0.1 10
Tetrabromobisphenol A (TBBPA)* 79-94-7 1.0 100
Toxaphene 8001-35-2 0.1 10
Trifluralin 1582-09-8 1.0 100
* Newly added chemicals
Note that two new chemicals are being added to the polycyclic aromatic compound category.
1 Facilities cannot take the de minimis exemption when determining thresholds for PBT chemicals. However, for supplier
notification purposes, the de minimis level applies. Please see the Toxic Chemical Release Inventory Reporting Forms and
Instructions manual or contact the EPCRA Hotline for more information about Supplier Notification.
2 Except for 2,3,7,8-Tetrachlorodibenzo-p-dioxin, which is subject to the 0.1 percent de minimis.
3 Except for benzo(a)phenanthrene, dibenzo(a,e)fluoranthene, benzo(j,k)fluorene, and 3-methylcholanthrene which are subject to
the 1.0 percent de minimis.
See also the Environmental Protection Agency publication EPA 260/K-01-001, "The Emergency
Planning and Community Right-to-Know Act: Section 313 Release and Other Waste Management
Reporting Requirements."
Requirements -- For all chemicals meeting the applicability threshold, campuses must
submit annually by July 1st a completed section 313 TRI Form "R" to the
Wisconsin Department of Natural Resources. (Send to WDNR only -- do not
send the Form "R" report or a copy to U.S. EPA.)
Exemptions -- It is important to note that the exemption for laboratory chemicals is not
available to UW System campuses for TRI reporting purposes (see WEM 3.06,
Wisconsin Administrative Code).
The following is an overview of available TRI exemptions. For more information,
consult 40 CFR 372.38 (remember that the exemption at ?72.38(d) for
laboratory activities is not available to Wisconsin campuses).
(1) DE MINIMIS CONCENTRATIONS OF A TOXIC CHEMICAL IN A MIXTURE. In general,
applies to a toxic chemical in a concentration that is below one percent of
the mixture, or 0.1 percent of the mixture in the case of a toxic chemical
which is a carcinogen as defined in 29 CFR 1910.1200(d)(4). This
exemption does not apply to PBT chemicals.
(2) ARTICLES. Applies to a toxic chemical in an article. Campuses potentially
subject to this exemption should carefully review the definitions of article
and release in ?72.3.
(3) USES. Applies to a toxic chemical used as follows:
?Used as a structural component of the facility.
?Products used for routine janitorial or facility grounds maintenance.
Examples include use of janitorial cleaning supplies, fertilizers, and
pesticides similar in type or concentration to consumer products.
?In personal use by employees or other persons at the facility including
foods, drugs, cosmetics, or other personal items containing toxic
chemicals, including supplies of such products within the facility such
as in a facility operated cafeteria, store, or infirmary.
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稰roducts containing toxic chemicals for the purpose of maintaining
motor vehicles operated by the facility.
?Use of toxic chemicals present in process water and non-contact
cooling water as drawn from the environment or from municipal
sources, or toxic chemicals present in air used either as compressed air
or as part of combustion.
(4) OTHER EXEMPTIONS apply to:
?Certain owners of leased property.
?Reporting by certain operators of establishments on leased property
such as industrial parks.
?Coal extraction activities.
?Metal mining overburden.
Regulatory citation and authority --
o EPCRA section 313
o 40 CFR 372
o s. 166.20, Wis. Stats.
o Ch. WEM 3, Wisconsin Administrative Code
o Regulated by Wisconsin Department of Natural Resources and Wisconsin
Emergency Management.
10 November 9, 2005
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