This document summarizes an online presentation about developing best practices for EPCRA compliance. The presentation covers the basics of EPCRA regulations and reporting requirements. It then discusses the top five common issues that can lead to reporting errors, such as facilities not submitting reports when required, inconsistencies in chemical reporting, outdated contact information, incomplete storage location details, and certain chemicals not being reported. The presentation provides advice on how to avoid these issues and improve EPCRA compliance programs. It concludes by emphasizing that regulators are there to help facilities understand compliance requirements.

1. EPCRA Master Class:
A Regulator’s Lens on
Environmental Compliance
Presented by Encamp

2. Joining us today:
Julie Ragains
Director, Customer Success & Fulfillment
Encamp
Brandon Barlow
Customer Success Manager & Moderator
Encamp
Madison Roe-Martin
Compliance Program Associate
Encamp

3. Today’s Agenda
Starting with the Basics
Top 5 Common Issues & Reporting
Errors
Open Q&A
Concluding Remarks
The Regulator’s Lens
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance

4. Objectives
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance
Provide insights on how to
develop and implement a
best-in-class Tier II
compliance program.
Identify ways to increase
data transparency across
teams and facilities to
ensure timely and
accurate reporting.
Share best-practices to
help minimize Tier II
non-compliance risks.
Discuss opportunities
to improve productivity,
collaboration,
institutional knowledge
sharing, and employee
empowerment.
1 2 3 4

5. The Regulator’s Lens
“A regulator’s goal is to help
businesses fully understand and
comply with the regulations. They
are there to help you understand
how to get started and develop your
EPCRA compliance programs.”
Madison Roe-Martin

6. Starting with
the Basics

7. EPCRA Compliance and Reporting Refresher
Requires notification when Extremely Hazardous Substances (EHSs) are
present at facilities in quantities at or above the Threshold Planning Quantity
(TPQ) established under EPCRA, state, or local regulation (one time
notification).
SECTION
302
Requires facilities to submit a Safety Data Sheet (SDS) to the SERC (or
TERC), LEPC (or TEPC) and local fire departments for each hazardous
chemical (as defined by the Occupational Health and Safety Act) that they
handle or store (one time notification).
SECTION
311
Requires the same facilities to submit a Tier II hazardous chemical inventory
form to the SERC (or TERC), LEPC (or TEPC) and local fire department. These
forms identify the amount, location and potential hazards of each chemical
on site at the facility at any point during the year.
SECTION
312
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance

8. EPCRA Compliance and Reporting Refresher
Facilities must immediately report accidental releases of EHSs and
“hazardous substances” defined under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) that meet or exceed a
corresponding Reportable Quantities (RQs) to the SERC and LEPC (or TERC
and TEPC). A written follow-up report must also be submitted.
SECTION
304
Requires industrial and federal facilities throughout the United States to
submit an annual Toxic Release Inventory report that contains information
on the quantities of certain toxic chemicals released annually to air, water
and land, or otherwise managed as a waste. Reports are publicly available.
SECTION
313
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance

9. EPCRA compliance starts with knowing the basics
Who Must Comply?
○ Any facility that’s required to maintain Safety Data Sheets (SDS) under OSHA
regulations
What chemicals are regulated?
○ Extremely Hazardous Substances in Appendix A and Appendix B 500 pounds or the
listed TPQ, whichever is lower (states may have lower thresholds than the US EPA)
○ All hazardous chemicals ≥10,000 pounds (in most states)
○ Retail gas stations
■ Gasoline with a threshold level of 75,000 gallons (retail)
■ Diesel fuel with a threshold level of 100,000 gallons
Which reports need to be filed?
○ Each state defines the 302 and 311 notification process
○ All 312 reports are due by March 1
○ California HMBPs may be due before or after the March 1 due date - CUPAs
○ 313 report due by July 1
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance

10. How does your company manage EPCRA
302, 311, and 312 compliance and
reporting today?
Poll Question #1
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance

11. Top 5 Common Issues
& Reporting Errors…
How to Avoid, Minimize,
and Mitigate Them

12. Companies don’t
submit environmental
compliance reports
even though they
should.
Why this happens...
● Unaware that EPCRA applies to a
particular location
● No system/process in place to
identify when a threshold has been
reached
● State and local rule changes that
trigger reporting aren’t effectively
shared
1
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance

13. Who in the organization typically submits
302, 311, or 312 reports?
Poll Question #2
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance

14. Chemicals are
reported
inconsistently/
inaccurately.
Watch out for the following issues...
● Naming conventions may not be
standardized
● Haphazard hazard reporting
● Facility-level personnel may not be
aware of or understand how to
calculate inventories based on
percent makeup
● Data to calculate inventories doesn’t
always get to the the right person
○ E.g. Lead-acid batteries, various
solvents, other mixtures
2
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance

15. Chemical storage
location
information is
not detailed
enough.
These issues present a big risk to
first responders...
● Sitemaps are not properly drawn,
labeled, or maintained
● Sitemaps are not comprehensive
enough for first responders and
emergency management agencies to
make decision during an emergency
● Storage locations are not accurately
updated
3
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance

16. How many facilities are you directly
reporting for within your company?
Poll Question #3
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance

17. Outdated or
incorrect contact
information.
Tracking can be challenging for
the following reasons...
● No single system to track key contact
information for each site
● High or recent turnover not captured
anywhere
● Recent mergers, acquisitions or
divestitures of facilities
● No one deputized and trained to serve
as an emergency contact
4
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance

18. Certain
chemicals aren’t
reported when
they should be.
If you don’t have the ability to
track chemical usage, storage,
or manufacturing site-by-site,
beware of the following issue...
● Seasonal operational changes
● Episodic events, e.g.
Construction project or
product changes.
5
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance

19. EPCRA Master Class: A Regulator’s Lens on Environmental Compliance
How confident are you that your company
is fully in-compliance with state and
federal EPCRA regulations?
Poll Question #4

20. Don’t fear
regulators
Concluding Remarks
EPCRA Master Class: A Regulator’s Lens on Environmental Compliance
Compliance is a
partnership
Building and
maintaining a
best-in-class
compliance
programs takes time

21. Tier II Guide
2022 Edition

22. Learn more
at encamp.com
Questions?
info@encamp.com

23. Developing a robust EPCRA compliance program is essential
for companies that store, use, manufacture, and release
hazardous substances at or above threshold quantities.