Month: June 2012

Deadline Extended for Toxic Substances Control Act Chemical Data Reporting

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On June 18, 2012, the United States Environmental Protection Agency (EPA) amended the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2012 reports from June 30, 2012 to August 13, 2012. This is a one-time extension for the 2012 submission period only. The CDR regulations require manufacturers and importers of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report current data on the manufacturing, processing, and use of the chemical substances. Potentially affected manufacturers may include:
  • Chemical manufacturers and importers (NAICS codes 325 and 324110, e.g., chemical manufacturing and processing and petroleum refineries).
  • Chemical users and processors who may manufacture a byproduct chemical substance (NAICS codes 22, 322, 331, and 3344, e.g., utilities, paper manufacturing, primary metal manufacturing, and semiconductor and other electronic component manufacturing).
Manufacturers (including importers) are required by the CDR rule to report to EPA information concerning the manufacturing, processing, and use of certain chemical substances listed on the TSCA Chemical Substance Inventory. The CDR requirements have changed since the last collection, which occurred in 2006 (based on 2005 production data).
EPA amended the IUR rule in a final action promulgated on August 16, 2011. Manufacturers (including importers) are subject to the revised reporting requirements based on manufacturing (including importing) activities conducted during the principal reporting year (calendar year 2011).
The 2012 reports must be submitted via the Internet using e-CDRweb and EPA’s Central Data Exchange (CDX). e-CDRweb is a web-based reporting tool that allows companies to file a paperless CDR submission and receive instant receipt confirmation.
To determine whether you are required to report for each chemical substance that you domestically manufactured (including imports) in the United States during the principal reporting year (i.e. calendar year 2011), you should consider the following three steps:
  • Step I: Is your chemical substance subject to the CDR rule? A CDR reportable chemical is a chemical substance that is domestically manufactured or imported into the United States, is listed in the TSCA Inventory, and is not specifically exempted by 40 CFR 711.6(a).
  • Step II: Are you a manufacturer (including importer) who is required to report? If you determined from Step I that you manufacture (or import) a CDR reportable chemical substance, you should subsequently determine whether you are a manufacturer (or importer) who must report. You are subject to CDR reporting if you manufactured (or imported) a chemical substance in production volumes of 25,000 pounds or greater at any single site you owned or controlled during 2011.
  • Step III: What information must you report? If you determine from Steps I and II that you are a manufacturer (or importer) of a CDR reportable chemical substance and you are required to report, then you are required to report the information described in 40 CFR 711.15(b)(1), (b)(2), and (b)(3) in Parts I and II of Form U. Basic company and site identification information is required by 40 CFR 711.15(b)(1) and (b)(2). Chemical identification and information pertaining to the manufacture (including import) of chemical substances is required by 40 CFR 710.15(b)(3). Note that the basic company and site identification information is reported once per site, while the manufacturing information is reported separately for each reportable chemical substance at the site.
The CDR report can be a fairly complex effort, depending upon your company’s manufacturing or importing activities. CEC has noted that some manufacturing companies are not familiar with this reporting obligation, perhaps due to the long duration from the most recent reporting period (2006). In the future, EPA is planning to require TSCA CDR reporting every four years. Perhaps this is EPA’s way of “helping” U.S. manufacturing companies.

If you have any questions about the TSCA CDR reporting requirements and whether your facility may be subject to these regulations, please contact Paul Tomiczek III, REM, P.E. at ptomiczek3@cecinc.com or 800-365-2324. More information on the TSCA CDR reporting obligations and instructions for completing the report are provided here.

EPCRA Toxic Release Inventory Reports Due July 1, 2012

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Toxic Release Inventory (TRI) Reports mandated by the Emergency Planning and Community Right-to-Know Act (EPCRA) are due July 1, 2012 for the 2011 reporting year. The Superfund Amendments and Reauthorization Act (SARA) of 1986 created EPCRA, the statute that was designed to improve community access to information about chemical hazards and to facilitate the development of chemical emergency response plans.  Section 313 of EPCRA requires that “Form R” or “Form A” reports be filed by owners and operators of facilities that meet all of the following criteria.

  • The facility has 10 or more full-time employee equivalents; and
  • The facility is included in a North American Industry Classification System (NAICS) code listed in Table I (provided in the TRI instructions); and
  • The facility manufactures, processes, or otherwise uses any EPCRA Section 313 chemical in quantities greater than the established threshold in the course of a calendar year.

The number of full-time employees is dependent only upon the total number of hours worked by all employees and other individuals (e.g., contractors) for the facility during the calendar year and not the number of persons working. If the total number of hours worked by all employees for your facility is 20,000 hours or more, your facility meets the ten employee threshold.

Beginning with 2006 EPCRA Section 313 reporting, the TRI Program began requiring North American Industry Classification System (NAICS) codes instead of Standard Industrial Classification (SIC) codes. The list of NAICS codes for facilities that must report to TRI if all other threshold determinations are met is provided in Table I of the Toxic Release Inventory instructions and also on EPA’s website.

The term manufacture” means to produce, prepare, compound, or import an EPCRA Section 313 chemical. You should also consider the possible coincidental production of an EPCRA Section 313 chemical as a result of the manufacture, processing, otherwise use or disposal of another chemical or mixture of chemicals.

The term “process” means the preparation of a listed EPCRA Section 313 chemical, after its manufacture, for distribution in commerce. Processing is usually the incorporation of an EPCRA Section 313 chemical into a product. A facility may process an impurity that already exists in a raw material by distributing that impurity in commerce.  Processing includes preparation of the EPCRA Section 313 chemicals in the same physical state or chemical form as that received by your facility, or preparation that produces a change in physical state or chemical form.

The term “otherwise use” means the use of an EPCRA Section 313 chemical, including an EPCRA Section 313 chemical contained in a mixture or other trade name product or waste that is not covered by the terms manufacture or process.  Otherwise use of an EPCRA Section 313 chemical does not include disposal, stabilization, or treatment for destruction unless certain conditions are met.  Relabeling or redistributing of the EPCRA Section 313 chemical where no repackaging of the EPCRA Section 313 chemical occurs does not constitute an otherwise use or processing of the EPCRA Section 313 chemical.  Some “otherwise uses” of listed EPCRA Section 313 chemicals are also exempted by the regulations.

EPCRA Section 313 chemicals contained in “articles” that are processed or otherwise used at a covered facility are exempt from threshold determinations and release and other waste management calculations. The exemption applies when the facility receives the article from another facility or when the facility produces the article itself. The exemption applies only to the quantity of EPCRA Section 313 chemical present in the article. If the EPCRA Section 313 chemical is manufactured (including imported), processed, or otherwise used at the covered facility other than as part of the article, in excess of an applicable threshold quantity, the facility is required to report that use of a chemical (40 CFR Section 372.38(b)).

If the processing or otherwise use of all like items results in a total release of 0.5 pound or less of an EPCRA Section 313 chemical in a reporting year to any environmental medium, EPA will allow this release to be rounded to zero, and the manufactured items retain their article status. The 0.5 pound threshold does not apply to each individual article, but applies to the sum of all releases from processing or otherwise use of all like articles.

EPCRA Section 313 reporting is required if threshold quantities are exceeded. If you meet the other criteria noted above, you must submit a report for any EPCRA Section 313 chemical that:

  • Is not listed as a persistent bioaccumulative and toxic (PBT) chemical and which is manufactured or processed at your facility in excess of 25,000 pounds per toxic chemical or category over the calendar year.
  • Is not listed as a PBT chemical and that is otherwise used at your facility in excess of 10,000 pounds per toxic chemical or category over the calendar year.
  • Is listed as a PBT chemical and which is manufactured, processed or otherwise used at your facility above the designated threshold for that chemical.  The PBT chemical names, CAS numbers and reporting thresholds are listed in the TRI reporting instructions.

Facilities can only use TRI-MEwebor paper for submitting the Form R and/or Form A reports.  The report for the 2011 calendar reporting year will be due on or before July 1, 2012. If you have any questions about EPCRA Section 313 reporting requirements and whether your facility may be subject to these regulations, please contact Paul Tomiczek III, REM, P.E. at ptomiczek3@cecinc.com or 800-365-2324. More information on EPCRA Section 313 Reporting obligations and instructions for completing the report are provided here.