The Community Right-To-Know Fund (CRTK) was established by the legislature to address the funding issues surrounding the administration of the federal Emergency Planning and Community Right-to-Know Act (EPCRA) by state and local governments in Maryland. The federal act established an infrastructure for emergency planning, preparedness, and response at all level of government. It accomplished this by requiring states to designate planning districts and appoint Local Emergency Planning Committees for each district. To provide the government with the information needed for planning, EPCRA contains chemical inventory and release reporting obligations for covered industries. States and LEPCs are required to collect this information annually. LEPCs must prepare a response plan and exercise that plan annually. EPCRA provided no money to support this mandate.
The Community Right-To-Know Fund fees apply only to those facilities covered by the federal EPCRA reporting requirements. Fees are assessed to facilities for reports filed with MDE pursuant to Section 312 (Emergency and Hazardous Chemical Inventory Reporting) and 313 (Toxic Release Inventory reporting) of EPCRA. There is an application fee of $100 per facility for each type of report. Owner/Operators of one or more facilities in Maryland will pay no more than $1,000 annually to the fund. The cap is a combined total for both programs. In other words, an owner/operator that remits $1,000 in fees with the Section 312 report in March will not pay any fees associated with Section 313 reports in July. The average Section 312 facility will pays $300 to the Department each year. Government agencies, charitable organizations, farmers, gasoline retailers, and marinas are not subject to the fees. Please note, while marinas are exempt from paying CRTK fees, they must still report provide chemical inventory reports as required under the federal law.
Section 312 Emergency and Hazardous Chemical Inventory Reporting
Reports for Section 312 are due on March 1st each year and cover those materials at the facility in excess of federal thresholds during the previous calendar year. The associated fee is due by June 1st. There is a $100 application fee for each facility required to submit a chemical inventory report. The inventory fees for Section 312 uses the quantity and level of threat posed by the materials present at an individual facility to determine the total fee for that facility. The ranges use the reporting range codes from the federal program. The fee amounts for each type of substance are outlined in tables below.
For Each Extremely Hazardous Substance (EHS)*
For Each Hazardous Substance*
Section 313 Toxic Release Inventory Reporting
Reports for Section 313 are due on July 1st each year and cover releases, transfers, and other activities with listed toxic chemicals during the previous calendar year. The associated fee is due each October 1st. There is an application fee of $100 for each covered facility. The type of reports submitted by each facility to MDE during a calendar year determines inventory fees for Section 313. Fees for each type of report are outlined in the table below.
For Each Toxic Release Inventory Report Submitted
Questions about EPCRA reporting in general or the Community Right-to-Know Fund should be directed to Patricia Williams at (410) 537-3800 or at the following email address email@example.com.
1800 Washington Blvd., Baltimore, MD 21230