Local Emergency Planning Committee
Electronic Tier II Submission
The State of Colorado and the Adams County LEPC require electronic
Tier II Submission (t2s) files to be sent via email, and if necessary by CD or disk. Only files using the
Environmental Protection Agency (EPA) Tier II Submission software or the exact Tier II Submission file format can be accepted. Please submit your electronic submission to the
Adams County Local Emergency Planning Committee (LEPC). For information regarding these reports, please call Ryan E. Doyle, LEPC Coordinator at 303.523.6602.
How It All Began
Adams County Local Emergency Planning Committee was created by the
Colorado Emergency Planning Commission pursuant to the
Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. section 11001 et seq.
LEPC Mission
The mission of the Local Emergency Planning Committee is to enhance and create plans addressing the response to hazardous materials incidents, increase compliance with hazardous materials reporting requirements and continue to offer access to information on hazardous materials for the benefit of county residents, businesses and industries. The LEPC shall carry out compliance with SARA Title III and other federal, state and local requirements that meet both the letter and spirit of those requirements and that enhance and encourage a partnership between county residents, businesses and industry though an exchange of information and mutual planning.
Current News and Discussions
Agricultural Retailers Association (Member Alert) - WASHINGTON (May 14, 2013) - "The
U.S. Environmental Protection Agency (EPA) Office of Emergency Management is classifying any agricultural retailers that blend fertilizer as a manufacturer for reporting purposes under Section 312 of the
Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986. Any agricultural retailer that blends (i.e. non-chemical reaction) dry fertilizer at their facility should include these products on an annual inventory report (Tier 2 report) that must be submitted to the State Emergency Response Commission (SERC). Local Emergency Planning Committee (LEPC) and the local fire department. The information must also be available to the public. Facilities must submit their Tier 2 reports by March 1 of each year. ARA recommends each facility review their Tier 2 reports to ensure information on all blended fertilizer stored on-site has been included."
Question and Answer on EPCRA Section 311 (e)(5): Tier II Reporting of Urea
Retailer Selling Ammonia as a Fertilizer or Coolant
Q. Ammonia is held for sale by a retailer in a large storage tank. The retailer sells the ammonia as both an agricultural fertilizer and as a coolant for air conditioning systems. Section 311 (e)(5) of EPCRA exempts from the definition of a hazardous chemical "(a)ny substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer." For purposes of EPCRA Sections 311/312 reporting, how would this combined usage of the ammonia tank be affected by the agricultural use exepmtion under EPCRA Section 311 (e)(5)?
A. The ammonia in the tank is held for use as coolant is not exempt from reporting under EPCRA Section 311 (e)(5) since it will not be "...used in routine agricultural operations..." Neither is ammonia held for use as coolant "...a fertilizer held for sale by a retailer to the ultimate consumer." Therefore, the amount of ammonia held for sale as coolant is reportable under EPCRA Sections 311/312. The amount of ammonia held for sale as a fertilizer to the ultimate customer, however, would be exepmt from reporting. [
Note that, since the retailer has a "mixed use" tank, she/he may find it easier to count all the materials in the tank (both fertilizer and coolant) when determining whether or not to report. This is an appropriate option but it is not, however, required]
Retailer Selling Ammonia and Phosphoric Acid
Q. Ammonia and phosphoric acid are held for sale by a retailer in large storage tanks. The retailer sells both ammonia and phosphoric acid to farmers to be used as fertilizers. The retailer also blends ammonia with phosphoric acid to produce a new compound which, in turn, is also sold to farmers as fertilizer. Are the amounts of ammonia and phosphoric acid that are held for blending at the retailer's facility exempt from the definition of "hazardous chemical" under Sections 311/312?
A. Section 311 (e)(5) exempts from the definition of hazardous chemical " any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ulitmate customer." In the above example, the ammonia and phosphoric acid are intended for blending are not exempt from the definition of "hazardous chemical" since they are not ".. a fertilizer held for sale by a retailer to the ultimate customer." They are, in essence, chemicals held for the purpose of producing a fertilizer. In other words, the ammonia and phosphoric acid held for blending are the starting materials used to make a fertilizer; they are not, in this instance, fertilizers themselves. The retailer should report the amounts of ammonia and phosphoric acid that are held for blending to produce new fertilizer. The amounts of ammonia and phosphoric acid that are sold directly to the ultimate customer (without blending) are fertilizers exempt from the definition of "hazardous chemical" and would, thus, be exempt from reporting under Sections 311/312.
In conclusion, facilities are required to report urea if they have 10,000 stored on site. They may fall under the exemption if they sell "urea" as is. Any amount that will be mixed with something else would have to be reported.
Additional Readings
