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\ S1211263.doc\M121126\2012 Council Agendas <br /> <br />ECC <br />UGENE ITY OUNCIL <br />AIS <br />GENDA TEM UMMARY <br /> <br /> <br /> <br /> <br />Action: An Ordinance Adopting Amended Hazardous Substance Tracking <br />Instructions for Reports Due Beginning April 1, 2013, and Removing Three <br />Hazardous Substances from the List of Reportable Chemicals <br /> <br /> <br />Meeting Date: November 26, 2012 Agenda Item Number: 3 <br />Department: Fire/EMS Staff Contact: Jo Eppli <br />www.eugene-or.gov Contact Telephone Number: 541-682-7118 <br /> <br /> <br /> <br />ISSUE STATEMENT <br />The Toxics Board recommends adoption of an ordinance amending the Hazardous Substance <br />Tracking Instructions for reports due beginning April 1, 2013, and removing three hazardous <br />substances from the List of Reportable Chemicals for the Eugene Toxics Right-to-Know Program. <br /> <br /> <br />BACKGROUND <br /> The Eugene Toxics Right-to-Know Program was created in 1996 by an amendment to the Eugene <br />Charter that requires certain manufacturers to provide information to the public concerning the <br />use and disposition of federally listed hazardous substances. The Charter Amendment provides in <br />part that hazardous substance users in Eugene shall file an annual materials balance report that <br />lists inputs and outputs of all hazardous substances obtained, used or generated. As part of the <br />annual reporting process, the Toxics Board issues guidance to businesses required to report with <br />a handbook entitled Hazardous Substance Tracking Instructions, and maintains a corresponding <br />List of Reportable Chemicals. The Hazardous Substance Tracking Instructions include text of the <br />Charter Amendment, and detailed instructions for tracking and reporting chemicals. <br /> <br /> Beginning in 1998, the City Council has adopted the Hazardous Substance Tracking Instructions <br />via Ordinance. In 2001, City Council adopted an Ordinance for the Hazardous Substance Tracking <br />Instructions that included a provision making council adoption effective for subsequent years, <br />until and unless City Council adopts further revisions. The City Council last adopted the Hazardous <br />Substance Tracking Instructions by Ordinance No. 20306 on December 3, 2003, and this version <br />has remained in effect for subsequent reporting years. <br /> <br /> Pursuant to Section 54, Article III, Section 3 of the Eugene Charter, the Eugene Toxics Right-to- <br />Know Program requires reporting of chemicals that are federally listed in Sections 302 and 313 of <br />the Emergency Planning and Community Right-to-Know Act (EPCRA); the Clean Air Act (CAA); the <br />Clean Water Act (CWA); the Comprehensive Environmental Response, Compensation, and Liability <br />Act (CERCLA); and the Resource Conservation and Recovery Act (RCRA). Chemicals meeting <br />federal definitions of hazardous waste for the characteristics of toxicity, reactivity, corrosivity, or <br /> S:\CMO\2012 Council Agendas\M121126\S1211263.doc S:\CMO <br />