This summary is to provide an introduction to EPCRA related responsibilities for Delaware businesses but does not attempt to fully explain all aspects of the applicable laws and regulations; the actual Federal and State regulations must be consulted for complete information. Compliance with this summary will not be a defense to a violation of the laws or regulations.
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 MSDS for a chemical on-site may be covered.
Two groups of chemicals are covered:
Extremely Hazardous Substances - A list of over 360 substances identified by the U.S. EPA.
List of Extremely Hazardous Substances
[Alphabetical Order] [CAS Number Order]
Hazardous Chemicals - Any chemical considered a physical or health hazard under OSHA's Hazard Communication Standard. 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).
Under the federal requirements, facilities must submit "Tier I", "Tier II", or State prepared forms. Delaware has established its own reporting forms containing Tier II information. By completing and submitting these Delaware forms, facilities will be complying with the Federal and State requirements. More recently, however, the requirements have been updated to allow electronic reporting of the required data through on-line Web-based systems. In Delaware, the Tier II Manager™ reporting system has been developed to allow facilities to complete their information on-line. We strongly urge all facilities to report on-line using Tier II Manager™. The on-line 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™ 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. Click on the link below for more information, and for a link to access the system.
What information is included on these forms?
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.
Federal EPCRA regulations require that the annual Hazardous Chemical Inventory report be sent to the SERC, to the LEPC and to the local fire department; however, in Delaware by submitting the report to the Delaware EPCRA Reporting Program
you fulfill your reporting requirements under both state and federal law.
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 is a $40 reporting fee per Hazardous Chemical and an $80 reporting fee per Extremely Hazardous Substance. 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™ system.