CT-State Emergency Response Commission
79 Elm Street
Hartford, CT 06106-5127

• Emergency Planning Notification Form (Section 302)
• List of Chemicals Form (Section 311)
• Annual Tier II Form (Section 312)
• Toxic Release Inventory (Section 313)

1) Emergency Planning Notification Form (Section 302)

There are 356 "Extremely Hazardous Substances" that must be reported if you store them in excess of the Threshold Planning Quantity listed for each substance. They are to be reported by submitting a Section 302 - Emergency Planning Notification Form [.pdf] to the CT-SERC, and the LEPC within 60 days of when the substance becomes present at the facility. Click here [.pdf] for the list of Extremely Hazardous Substances.

While the list is exhaustive, most marinas and boatyards are subject to this requirement for the presence of only a few Extremely Hazardous Substances. Sulfuric acid and chlorine are the most common.

• You must also report the sulfuric acid in lead acid batteries at your facility in excess of 1,000 pounds. This calculation includes the batteries in your equipment as well as in all of your customer's boats. The average small boat battery contains approximately 5 pounds of sulfuric acid. Therefore if you have over 200 batteries at your facility including the batteries in your customers boats, you must file a Section 302 - Emergency Planning Notification Form [.pdf].
  
  
• You must also report chlorine stored at your at your facility in excess of 100 pounds.
  
  
• In the unlikely event that you store chlorine in liquid or granular form (not tablets or powder), you must report storage of 100 pounds or more.

If you are required to file a Section 302-Emergency Planning Notification Form, you must also designate a facility emergency coordinator who will be the emergency contact person for your facility.


2) List of Chemicals Form
You must complete a "Section 311-List of Chemicals Form" if you have chemicals on site that are required under OSHA to have MSDSs, and you meet one of the following two conditions:

• you store one or more substance listed as an "extremely hazardous substance" in quantities equal to or greater than the listed "threshold planning quantity" or 500 lbs., whichever is less The list of extremely hazardous substances and their threshold planning quantities is available by clicking here [.pdf]. Under this category most marinas must report the sulfuric acid in lead acid batteries in excess of 500 pounds. The average small boat battery contains approximately 5 pounds of sulfuric acid. Note that this reporting requirements applies to the batteries that you store before or after use on your facility, but not the ones that boaters can physically move on and off their boats.
  
  
• you store 10,000 pounds or more of any hazardous substance requiring a MSDS. You must report storage of gasoline, diesel fuel, propane or fuel oil (all of which require MSDSs) in excess of 10,000 pounds. This does not include the fuel in boats dockside. (Gasoline weighs roughly 6.19 pounds pergallon, diesel weighs roughly 7.05 pounds per gallon, and propane weighs roughly 4.23 pounds per gallon at 60 degrees Fahrenheit.) . You must also report the lead in lead acid batteries in excess of 10,000 pounds. The average small boat battery contains approximately 30 to 40 pounds of lead per battery.

Although the law states that you may submit copies of the MSDS or a list of chemicals, Connecticut prefers the list of chemicals as provided in the form Section 311 - List of Chemicals [.pdf]. You must send the completed form to the CT-SERC the LEPC, and your local fire department. You must file the List of Chemicals Form" within 3 months of first having reportable quantities of hazardous chemicals at your facility, and it must be updated when new hazardous chemicals are stored in reportable quantities at your facility.


3) Annual Tier II Form (Section 312)

If you are subject to the Section 311 reporting requirements described above, you must also submit an annual Tier II Emergency and Hazardous Chemical Inventory form by March 1 of each year. The Tier II Emergency and Hazardous Chemical Inventory form is made available by the CT-SERC each year and can be downloaded from the Department of Environmental Protection's web page. The 2004 Tier II Emergency and Hazardous Chemical Inventory software is available for download and installation on your computer. When the 2005 form becomes available it will be posted here.

You must submit a completed Tier II report to the CT-SERC, and the LEPC, and your local fire department each year by March 1. The report must be accompanied by a signed Tier II Inventory Certification [.pdf].


4) Toxic Release Inventory (Section 313)

It is unlikely that any marina in Connecticut will be subject to these reporting requirements, EPCRA Section 313 (commonly referred to as the Toxics Release Inventory or TRI) requires certain facilities to complete a Toxic Chemical Release Inventory Form annually for specified chemicals.

You are required to submit a "Toxic Chemical Release Inventory Form" each year by July 1 to the US-EPA's EPCRA Reporting Center (address below) and the CT-SERC for each potentially toxic chemical that is stored in quantities above a certain amount if your facility:

• Is classified in major group 37 under Standard Industrial Classification code (primary classification), AND
  
• Has 10 or more full-time employees, AND
  
• Stores, uses, or otherwise processes a toxic chemical in an amount above the listed threshold quantity

If your facility meets these three criteria, you must file a Toxic Chemical Release Inventory Form, either a "Form R" or "Form A," annually by July 1 for each toxic chemical. The reports must be sent to the CT-SERC and EPCRA Reporting Center, P.O. Box 3348, Merrifield, VA 22116-3348, ATTN: Toxic Chemical Release Inventory. Copies of both forms can be obtained by calling the EPCRA hotline at (800) 424-9346, or at http://www.epa.gov/tri.


5) Accidental Release Notification (Section 304)

Any spill of a chemical substance into Connecticut's waters must be reported to the CT-DEP. In Connecticut, an accidental release, or spill, of any chemical substance is reportable under CGS §22a-450 to the CT-DEP's Oil and Chemical Spill Unit at (860) 424-3338 or (860) 424-3333.

Although any size spill must be reported to the state, you only need to report a chemical spill to the federal government under certain circumstances. If the spilled substance is a listed "extremely hazardous substance" or a Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) listed hazardous substance released in amounts greater than the listed Reportable Quantity, then you must notify the CT-SERC by calling (860) 424-3338 or (860) 424-3333, AND your LEPC, AND the National Response Center at (800) 424-8802. Under EPCRA, you are not required to report a chemical spill to the federal government above the Reportable Quantity if the release:

• does not affect persons off-property
• is federally permitted
• is a continuous release, except when statistically significant
• is of certain nuclear material
• results from pesticide or fertilizer applications and
• is petroleum, unless "extremely hazardous substance" present

Initial notification can be made by telephone, radio, or in person. Emergency notification requirements involving transportation incidents can be met by dialing 911, or in the absence of a 911 emergency number, calling the operator. This emergency notification needs to include:

• the chemical name
• an indication of whether the substance is extremely hazardous
• an estimate of the quantity released into the environment
• the time and duration of the release
• whether the release occurred into air, water, and/or land
• any known or anticipated acute or chronic health risks associated with the emergency, and where necessary, advice regarding medical attention for exposed individuals
• proper precautions, such as evacuation or sheltering in place; and oName and telephone number of contact person

The facility owner or operator is also required to provide a written follow-up emergency notice as soon as practicable after the release. The follow-up notice or notices must:

• Update information included in the initial notice, and
  
• Provide information on actual response actions taken and advice regarding medical attention necessary for exposed individuals

If you are a marine-related business owner, we encourage you to consider Joining the CMTA - because we are the voice of Connecticut's recreational boating.