North Carolina Emergency Management

Tier II Reporting UpdateTier II Reporting Update

Matt KemnitzTechnological Hazards Supervisor (acting)North Carolina Emergency Management

10/14/2014

North Carolina Emergency Management

AgendaAgenda• Background of Changes• Hazardous Materials Facility Fees• E-Plan in NC• Resources• Challenges and Opportunities• Timeline• Questions

North Carolina Emergency Management

BackgroundBackground

• 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

BackgroundBackground• 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 PictureBig 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 Hazardous Materials Facility Fee StructureFacility Fee Structure

• $50 per Hazardous Substance • As defined in 29 C.F.R. 1910.1200(c)

• $90 per Extremely Hazardous Substance• 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 FeesExempt from FeesEXEMPTION FROM FEES DOES NOT AFFECT

REQUIREMENT TO FILE!•Family farm enterprises•State and local government facilities

• Federal facilities under immunity

•Nonprofit corporations•Commercial fuel stations (for fuels only)•Motor vehicle dealerships

North Carolina Emergency Management

How will fees be How will fees be collected?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 How will fee receipts be used?used?

• S.L. 2014-100 allows fees to be used three ways:• 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 PointsKey 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 SystemE-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

ImplementationImplementation• NCEM is working with UT-Dallas to

customize fee collection module• Multi-entity effort

• NCEM • UT-Dallas • NC OMB/Office of State Controller/NCDPS

Controller• Merchant Processor & Bank

North Carolina Emergency Management

ImplementationImplementation• 1st Year

• Automated fee calculation based on reported chemicals

• User self-certification of voluntary reports

• 2nd Year• Automated comparison against

TPQs/reporting requirements

North Carolina Emergency Management

Resources for FilersResources 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

• 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 Resources for First RespondersResponders

• No changes currently planned for the first responder interface

• Opportunities for the future• Incorporating GIS, ERG data

North Carolina Emergency Management

ResourcesResources

• Tech Hazards Team is available for technical assistance• Available by phone and email• LEPCs, Area Meetings, or as

requested

North Carolina Emergency Management

ChallengesChallenges• 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

OpportunitiesOpportunities

• Potentially a more stable source of RRT funding vs. declining appropriations

• Additional source of funding for local hazardous materials response planning• Target gaps not covered by federal grants

• Possibility of working with E-Plan to develop additional planning capabilities

North Carolina Emergency Management

TimelineTimeline

• 14 August 2014: Public announcement and vendor 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 QuestionsPOC for Tier II Questions

David PowellEPCRA Program Manager

1636 Gold Star DriveRaleigh, NC 27607

david.r.powell@ncdps.gov(o) 919.825.2277

Matt KemnitzTech Hazards Supervisor (acting)

1636 Gold Star DriveRaleigh, NC 27607

matthew.kemnitz@ncdps.gov(o) 919.825.2287(c) 919.609.2064

North Carolina Emergency Management

Thank you & QuestionsThank you & Questions

Matt KemnitzTechnological Hazards Supervisor (acting)North Carolina Emergency Management

10/14/2014