Tier II Reporting Update
Matt Kemnitz
Technological Hazards Supervisor (acting)
North Carolina Emergency Management
10/14/2014
North Carolina Emergency Management
Agenda
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Background of Changes
Hazardous Materials Facility Fees
E-Plan in NC
Resources
Challenges and Opportunities
Timeline
Questions
North Carolina Emergency Management
Background
• 31 August 2013: Federal funding for E-Plan
was suspended
• 18 November 2013: EPCRA Committee
recommends Tier II Manager for NC
• Jan-July 2014: NCEM worked to implement
the Tier II Manager system
North Carolina Emergency Management
Background
• 29 May 2014: Tier II Fees introduced into
state budget
• 23 July 2014: EPCRA Committee reviewed
updated cost estimates and project
timeline, recommends staying with E-Plan
• 7 August 2014: 2014 State Budget Enacted
• 14 August 2014: Tier II Manager put on
hold, E-Plan service extended
North Carolina Emergency Management
Big Picture
• Hazardous materials facility fees will begin
to be collected January 1, 2015
• North Carolina will continue to use E-Plan
for Tier II reporting year 2014 (January 1,
2015 - March 1, 2015)
North Carolina Emergency Management
Hazardous Materials Facility
Fee Structure
• $50 per Hazardous Substance
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As defined in 29 C.F.R. 1910.1200(c)
• $90 per Extremely Hazardous Substance
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As defined in 40 C.F.R. Part 355, Appendix A or B
• Total fees capped at $5000 per entity
North Carolina Emergency Management
Exempt from Fees
EXEMPTION FROM FEES DOES NOT AFFECT
REQUIREMENT TO FILE!
• Family farm enterprises
• State and local government facilities
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Federal facilities under immunity
• Nonprofit corporations
• Commercial fuel stations (for fuels only)
• Motor vehicle dealerships
North Carolina Emergency Management
How will fees be collected?
• Fees will be assessed at the time of filing
• Users will be presented with a statement and
passed to a third-party payment processor
• Users will not be able to finalize their report
until payment is completed (unless exempt)
• System will accept Visa, MasterCard, Electronic
check
North Carolina Emergency Management
How will fee receipts be used?
• S.L. 2014-100 allows fees to be used three
ways:
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Pay costs associated with maintaining the Hazardous
Materials database (E-Plan)
Support the Regional Response Team program
(replacing state appropriation)
Provide county grants for hazardous materials
response planning and training
North Carolina Emergency Management
Key Points
• Fees begin 1 January 2015
• Fee receipts will support hazardous
material preparedness and response
• Net effect: financial burden shifts from
general public onto users of HazMat
North Carolina Emergency Management
E-Plan Reporting System
• Developed and maintained by
University of Texas at Dallas
• Used by NC facilities and first
responders since 2007
• Most fiscally responsible option based
on current cost estimates
• Existing fee collection module will be
customized and modified for NC
North Carolina Emergency Management
Implementation
• NCEM is working with UT-Dallas to
customize fee collection module
• Multi-entity effort
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NCEM
UT-Dallas
NC OMB/Office of State Controller/NCDPS
Controller
Merchant Processor & Bank
North Carolina Emergency Management
Implementation
• 1st Year
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Automated fee calculation based on
reported chemicals
User self-certification of voluntary reports
• 2nd Year
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Automated comparison against
TPQs/reporting requirements
North Carolina Emergency Management
Resources for Filers
• E-Plan is familiar, but fees are new
• Guidance will be made available on NCEM’s
Tier II website (Now to late November)
• FAQ & Video Tutorial
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How to file Tier II reports in E-Plan
Who needs to pay fees?
How are fees calculated?
North Carolina Emergency Management
Resources for First Responders
• No changes currently planned for
the first responder interface
• Opportunities for the future
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Incorporating GIS, ERG data
North Carolina Emergency Management
Resources
• Tech Hazards Team is available for
technical assistance
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Available by phone and email
LEPCs, Area Meetings, or as requested
North Carolina Emergency Management
Challenges
• Current legislation does not include a
robust enforcement mechanism or
funding for outreach
• Maintaining and increasing Tier II
reporting rates will depend on
cooperation between local EMAs, LEPCs,
and NCEM.
• Reversion & Per Entity Cap
North Carolina Emergency Management
Opportunities
• Potentially a more stable source of RRT
funding vs. declining appropriations
• Additional source of funding for local
hazardous materials response planning
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Target gaps not covered by federal grants
• Possibility of working with E-Plan to
develop additional planning capabilities
North Carolina Emergency Management
Timeline
• 14 August 2014: Public announcement and vendor
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notification (Granville LEPC)
Mid August-Mid October: Implement fee collection system
2nd Week of November: Beta testing with UT-Dallas
Mid October-November: NCEM rollout of training materials
1 January 2015: Beginning of 2014 Tier II reporting season
1 March 2015: Close of 2014 Tier II reporting season
North Carolina Emergency Management
POC for Tier II Questions
David Powell
EPCRA Program Manager
1636 Gold Star Drive
Raleigh, NC 27607
david.r.powell@ncdps.gov
(o) 919.825.2277
Matt Kemnitz
Tech Hazards Supervisor (acting)
1636 Gold Star Drive
Raleigh, NC 27607
matthew.kemnitz@ncdps.gov
(o) 919.825.2287
(c) 919.609.2064
North Carolina Emergency Management
Thank you & Questions
Matt Kemnitz
Technological Hazards Supervisor (acting)
North Carolina Emergency Management
10/14/2014
North Carolina Emergency Management