Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 10 - Adjutant General › Chapter 11 - State Emergency Management Agency › Section 11 CSR 10-11.240 - Reporting Procedures Under the State and Federal Emergency Planning and Community Right-to-Know Act (EPCRA)

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes reporting procedures
				  for persons and businesses in Missouri to comply with the state and federal
				  Emergency Planning and Community Right-to-Know Acts.
(1) The format for routine reporting under
				sections 302, 303, 311 and 312 of the federal Emergency Planning and Community
				Right-to-Know Acts (EPCRA) and sections
				292.605
				and
				292.617,
				RSMo of the state EPCRA is the Missouri Tier Two form. This form can be
				accessed on the Internet at
www.sema.state.mo.us/mercc.htm
.
				These reports are due to the department or postmarked by March 1 annually for
				the previous calendar year. The state EPCRA requires the names, current
				addresses and phone numbers of at least two (2) individuals familiar with the
				kind, location, nature and approximate quantities present in the facility, who
				may be contacted in the event of an emergency. The federal regulations for
				reporting under sections 302 and 303 of the EPCRA are in 40 CFR part 355.
				Federal regulations for reporting under sections 311 and 312 of the EPCRA are
				in 40 CFR part 370.
(A) Section 302 of the
				federal EPCRA requires anyone in Missouri having an extremely hazardous
				substance at or above the threshold planning quantity at a facility to provide
				that information to the Missouri Emergency Response Commission
				(MERC).
(B) Section 303 of the
				federal EPCRA requires that anyone having an extremely hazardous substance at a
				facility at or above the threshold planning quantity provide the Local
				Emergency Planning Committee (LEPC) with the name of a facility coordinator to
				work with LEPC to plan for hazardous chemical emergencies at the facility. The
				first person listed in the Emergency Contact section of the Tier Two form shall
				be the facility coordinator for any facility with an extremely hazardous
				substance at or above the threshold planning quantity.
(C) The information required in subsections
				(1)(A) and (B) of this rule must be updated within sixty (60) days of a new
				extremely hazardous substance being present at the facility at or above the
				threshold planning quantity. Also, the owner or operator of a facility subject
				to subsection (1)(B) shall inform LEPC of any changes occurring at the facility
				which may be relevant to emergency planning.
(D) Any person engaged in business in
				Missouri having ten thousand pounds (10,000 lbs.) or more of a hazardous
				chemical at a facility or five hundred pounds (500 lbs.) or more (or the
				threshold planning quantity, whichever is less) of an extremely hazardous
				substance shall complete the Missouri Tier Two form for all such hazardous
				chemicals and extremely hazardous substances.
1. The Missouri Tier Two form is due each
				March 1 for the previous calendar year.
2. If any new hazardous chemical or extremely
				hazardous substance comes onto the site in a quantity sufficient to require
				reporting under this subsection, an updated Tier Two form must be provided
				within three (3) months.
3. The
				Tier Two form shall be provided to the local fire department, LEPC and MERC
				under this subsection.
(E) Owners and operators of facilities where
				one hundred pounds (100 lbs.) or more of explosives or blasting agents are
				present shall notify the fire department within twenty-four (24) hours of those
				materials being on-site. If the explosives or blasting agents are on-site for
				fifteen (15) days or more, a Tier Two form shall be provided to the fire
				department, LEPC and MERC.