Title III - Community Right-To-Know
NEPCRA Chemical Reporting Requirements (sections 311- 312)
Last updated November 26, 2012
If a company is covered by the OSHA Hazard Communication Standard and has OSHA-regulated chemicals above EPA-established thresholds found on the List of Lists, then it must report under these sections. The threshold for OSHA hazardous chemicals is 10,000 lbs. each; for all Extremely Hazardous Substances it is 500 lbs. each, or the Threshold Planning Quantity, whichever is lower.
If a hazardous substance is present at an OSHA facility, then it must submit either: 1) a list of regulated chemicals and their hazard class (preferred by NDEQ), or 2) material safety data sheets, to:
- State Emergency Response Commission; (Click here for a link to a page that provides SERC and LEPC information, located on the Nebraska Emergency Management Agency web site);
- the local fire department; (Click here for a link to a pdf listing, located on the Nebraska State Fire Marshal’s web site)
- the Local Emergency Planning committee for that county (Click here for a link to a page that provides SERC and LEPC information, located on the Nebraska Emergency Management Agency web site).
Annual Filing Requirement
Between January 1 and March 1 of every year, all regulated facilities in Nebraska must also submit Tier Two information. The NDEQ sends reminder postcards to facilities annually, as well as information for submitting information on-line. Facilities are encouraged to use the Online NDEQ Tier II System to submit the information. Those who cannot find or did not receive this information can contact the NDEQ Tier II representative at (402) 471-4251.
Even if the facility closed in the past year, Tier II information must still be completed for that part of the year it was active. The public can request this information through their Local Emergency Planning Committees or the State Emergency Response Commission. All information provided, except that which meets the test of being classified as confidential pursuant to trade secret and confidential information, is public information.
Toxic Chemical Release (section 313)
Manufacturing facilities which are in Standard Industrial Classification (SIC) codes 10xx, 12xx, 20xx-39xx, 4911, 4931, 4939, 4953, 5169, 5171, or 7389; employ ten or more people (the equivalent of 20,000 employee hours); and surpass the thresholds for any chemical on the toxic chemicals list, then you must annually submit EPA Form R by July 1. The list consists of over 600 chemicals and 20 chemical categories that are considered to have highly toxic characteristics when released. The threshold amounts are 10,000 lbs./year for usage and 25,000 lbs./year for manufacturing, importing or processing.
For more information and related forms, below is a link to information contained on EPA’s web site:
TRI Reporting Aides and Assistance Material
Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509