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Hazard Communication: Do You Know What You Have the Right-to-Know?

Posted by Shivi Kakar

Jul 3, 2011 11:51:26 PM

By John Defillippo, CHMP

Do you have hazardous chemicals in your workplace? If you think the answer is no, are you sure?


OSHA defines a hazardous chemical as one that presents either a physical or a health hazard. Many common and readily available products such as paints, cleaners, and other materials found in the workplace meet this definition. In fact, last year OSHA issued over 6,300 violations to companies that failed to comply with this standard. As we noted in a previous blog, non-compliance with the Hazard Communication standard was the third-largest source of OSHA violations in 2009 and 2010!

If you are an employer, you have a legal obligation to provide a workplace that is free of recognized hazards and to communicate any hazards present to those in the workplace.  In 1985, OSHA established the Hazard Communication Standard ( 1910.1200) to ensure, in part, that all workers have the "right-to-know" about the hazardous chemicals in their workplace.

Essentially, employees have a Right-to-Know about any hazardous substances that they may come into contact with at work and how to protect themselves from adverse affects. Employees, for their part, have a responsibility to follow directions and work safely by using products for their intended purpose and in accordance with the manufacturer’s instructions to reduce risk and chance of exposure. This is where the Hazard Communication Standard “kicks in”, as all workplace information about hazardous substances needs to be in a Written Hazard Communication Program.  This "HazCom" program must contain

  • A list of all hazardous chemicals in the workplace and a Material Safety Data Sheets (MSDS) for each chemical (or product) on that list

  • All employees must have access to that list and the MSDS’s during their work shift

  • Methods to communicate hazards of these chemicals to employees, on-site contractors and visitors such as signs and labels

  • Records showing that all employees have been properly trained to understand the hazards, read the MSDSs and understand labeling and signs.


In addition to the federal OSHA requirements for labeling, the State of New Jersey has specific labeling requirements for all vessels, piping and containers that contain hazardous chemicals.

So, do you have hazardous chemicals in your workplace? Are you rethinking your answer?


If you have products that arrive with an MSDS, and you have not implemented a written HazCom Program, you’ll need to get a program in place to be OSHA compliant. If you have been following the standard, consider the following:

  • Are you keeping up with its requirements?

  • When was the last time your HazCom Program was reviewed?

  • Is your hazardous chemical list and MSDS collection up-to-date?

  • Do you know what OSHA considers “Hazardous”?

  • Is every hazardous chemical container labeled properly – even the transfer containers?

  • Are ALL your employees trained about the workings of your HazCom program and the hazards of each chemical in their workplace?


Now do you know the answer? Or, do you have more questions?


If you are confused or intimidated, don’t worry.  A great resource is the Institute of Hazardous Materials Managers which certifies individuals as Hazardous Materials Managers (CHMM) and Hazardous Materials Practitioners (CHMP). These trained professionals must demonstrate various levels of knowledge, expertise, and excellence in the management of hazardous materials. And, there are EHS (Environmental, Health and Safety) experts like Emilcott everywhere – their job is to help companies stay in compliance with state and federal regulations while protecting employees. No matter what resource you find, just ask if they are experienced in developing Hazardous Communication programs. Not only will workers stay health and safety, you’ll see added benefits like prevention of property damage, reduced insurance claims and costs, and, of course, your company will not be cited for OSHA’s third most-common violation!

Have you found any chemicals in your workplace that you didn’t know are hazardous? Does your “right-to-know” increase your job comfort level or concern you? And, have you carefully reviewed the company HazCom plan so that you understand “what to do if…”?
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Topics: OSHA, General Industry H&S, OSHA Compliance, General EHS, H&S Training, Hazardous Waste Management, HazCom, health and safety, Compliance, regulation, General Industry, emergency response training, Exposure, hazardous chemicals, chemicals, MSDS, Hazard Communication Standard

DELAYED!! TSCA Form U Submission 2011 Period

Posted by Shivi Kakar

May 15, 2011 11:56:18 PM

Paula Kaufmann, CIH

We have some news on this year’s TSCA IUR Form U submission.  Well, it really isn’t information about the requirements – but we do know that this year’s Form U submission period will not be June 1 to September 30.  It will most likely be later this year.  So, we all can move that task to another segment of the calendar year!

More Information


On May 11, 2011, the EPA issued a Federal Register Notice amending the Toxic Substances Control Act (TSCA) Inventory Update Reporting (IUR) regulations by delaying  the June 1 to September 30 submission period for the 2011 Form U reports.  The notice indicated that this delay will not alter the timing of subsequent submission periods (e.g., the submission period from June 1, 2016 to September 30, 2016).  This is an interesting statement as one of the changes included in the proposed IUR Rule is a change of the reporting period cycle to every four (4) years from the current five (5) year cycle.

The EPA is delaying the submission period because the proposed IUR modifications rule has not yet been finalized.  EPA expects to have the final version of the changes to the IUR reporting requirements in the near future. The revised 2011 submission period will be announced with the publication of the final IUR modification rule. 

How does this delay what the EPA rule refers to as a “suspension” affect what needs to be done for the 2010 reporting period?  It seems that the EPA will mandate a new submission period but it is not clear when this will be during 2011.

  • We are assuming that the reporting period will remain as the 2010 calendar year. 

  • Our next assumption, or guess, is that the Form U submission period will shift to September 1 to December 31, but that will require that the final rule on the IUR modifications be published very soon.


“Food” for Thought…


As recently as March 4, 2011, representatives from the American Petroleum Institute (API) met with the EPA presenting concerns about several aspects of the proposed IUR modifications rule.  One topic the API presented was that when the last set of revisions of the IUR was finalized in 2003 with the next reporting period was extended by one year shifting from 2004 to 2005 with Form U submission in 2006.  During 2004 and 2005, the EPA held many workshops and issued clarification and guidance documents.

And, for now, we wait for the Final Rule and hope that the data we have all collected for the 2010 reporting period will be adequate.  Emilcott's recommendations for what to do while we wait are in my January blog:  “ TSCA IUR Update – What Are the Changes ?”. Essentially, we are advising our clients to proceed with the collection of 2010 inventory data with a threshold of 25,000 lbs.  Here are a couple of items to keep on your radar:

  • Be sure your list of manufactured chemicals is complete.  Your list should be based on all chemical processes and imported materials received at the site and not just on the products.

  • When calculating individual substance volumes – include imported mixtures with those manufactured at the site aggregating all mixtures containing that substance. 


...And, Emilcott will continue to keep you posted!

What to do if you need help or have questions?


If you need assistance related to the TSCA New Chemicals regulatory requirements or the potential changes due to the Inventory Update Reporting Rule, Emilcott can guide you through the reporting.  We can also help you navigate the maze of reporting a potential Form U violation from prior filing years to the EPA (See http://www.emilcott.com/services/svcenvcompliance.asp). 

As more information becomes available from the EPA regarding the IUR and as testing of the electronic tool begins, Emilcott will keep you up-to-date via EHSWire and our "Regulatory Updates" Newsletter.  

Please give me a call at 1-800-886-3645 or write a comment below if you have any questions or additional information to contribute.
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Topics: Emilcott, General EHS, EPA, health and safety, Compliance, TSCA & R.E.A.C.H., TSCA, Toxic Substance Control Act, reporting, regulation, chemicals

TSCA IUR Early Spring 2011 Update

Posted by Shivi Kakar

Apr 27, 2011 11:11:17 AM

by Paula Kaufmann

In the August 13, 2010 TSCA Inventory Update Reporting Modifications - Proposed Rule, the EPA anticipated the promulgation of the final rule by the Spring of 2011.  Spring arrived 3 weeks ago, and the final IUR Reporting Modification rule has not been published.  As such, the reporting modifications and specific reporting period have not been finalized.  In addition, the Agency has not released a test version of the revised Form U electronic reporting software.  It is possible that the Agency will change the proposed 2011 submission period (June 1 – September 30) to another 4–month period later in 2011.

EPA's intended final rule was sent to the White House Office of Management and Budget (OMB) on January 20, 2011.  Since the beginning of February, OMB has held meetings with the American Chemistry Council, the Society of Chemical Manufacturers and Affiliates Inc. (SOCMA), the Small Business Administration, the National Mining Association, and associations that represent companies that must comply with the regulations.

So -- once again, the question is “now what to do?”


As mentioned in my January blog “ TSCA IUR Update – What Are the Changes ?” we are advising Emilcott clients to proceed with the collection of 2010 inventory data with a threshold of 25,000 lbs.  Here are a couple of items to keep on your radar:

  • Be sure your list of manufactured chemicals is complete.  Your list should be based on all chemical processes and imported materials received at the site and not just on the products.

  • When calculating individual substance volumes – include imported mixtures with those manufactured at the site aggregating all mixtures containing that substance. 


Additional data that may be needed for the 2011 reporting are listed below.  Depending upon how you gather your information, you may want to request this along with the import or manufacturing volume information.

  • Production volumes at or above 25,000 lbs directly exported and not domestically processed or used.

  • All quantities of substances subject to rules and orders in the following sections:

    • Section 5(a)(2) Significant New Use Rules (SNURs)

    • Section 5(b)(4) Chemicals of concern to EPA

    • Section 6 Prohibitions for chemicals with unreasonable risks

    • Section 5(e) Requirements or restrictions on chemical production or use

    • Section 5(f) Chemical with an unreasonable risk




What to do if you need help?


If you need assistance related to the TSCA New Chemicals regulatory requirements or the potential changes due to the Inventory Update Reporting Rule, Emilcott can guide you through the reporting. We can also help you navigate the maze of reporting a potential Form U violation from prior filing years to the EPA (See http://www.emilcott.com/services/svcenvcompliance.asp).  As more information becomes available from the EPA regarding the IUR and as testing of the electronic tool begins, Emilcott will keep you up-to-date via EHSWire and our “Regulatory Updates” Newsletter. If you have any TSCA IUR questions or concerns, feel free to contact Emilcott or post your question below!
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Topics: EPA, Compliance, TSCA & R.E.A.C.H., TSCA, Toxic Substance Control Act, reporting, regulation, chemicals

TSCA IUR Update – What Are the Changes?

Posted by Shivi Kakar

Jan 23, 2011 10:51:51 PM



Paula Kaufmann, CIH

It’s time for an update on the EPA’s proposed changes to the Inventory Update Reporting Rule.  As of January 24, 2011, the EPA has been silent as to what changes will be included in the final rule.  A list of the proposed changes is presented on the Emilcott EHSWire.com blog: “ EPA Proposed Changes to the TSCA Inventory Update Rule ” .  

The EPA has stated that the Agency “expects to finalize the modifications to the chemical information reporting rule in time for the next reporting period, scheduled for June 1 - Sept. 30, 2011. EPA will make the electronic reporting software and associated guidance materials available before the start of the submission period.”  If you’re like me, “expects to finalize” is not very helpful for planning purposes or for engendering confidence.

Pull out the professional crystal ball!

As someone who has been working with the EPA for a long time, I am “reading between the regulatory lines” to forecast that the final rule will be published in April.  I’ve based this guess on information provided at the EPA's November webinar that introduced the new, electronic TSCA Reporting Tool, e-IURweb:

  • During the question and answer period  an EPA representative said that the final rule should be published in the Spring 2011-- at least 30 days prior to the start of the reporting period.  So… if the reporting period starts on June 1, then I expect the final rule to be published by May 1st at the latest.

  • The electronic tool designers said that a test version of the tool would be available for industry testing in April 2011.  (Emilcott will be posting a blog about this new tool in the next few weeks.)


What to do while we wait for the final rule to be published?

We are advising Emilcott clients to proceed with the collection of 2010 inventory data with a threshold of 25,000 lbs.  Additional data that may be needed for the 2011 reporting are listed below.  Depending upon how you gather your information, you may want to request this along with the import or manufacturing volume information.

  • Production volumes at or above 25,000 lbs directly exported and not domestically processed or used.

  • All quantities of substances subject to rules and orders in the following sections:

    • Section 5(a)(2) Significant New Use Rules (SNURs)

    • Section 5(b)(4) Chemicals of concern to EPA

    • Section 6 Prohibitions for chemicals with unreasonable risks

    • Section 5(e) Requirements or restrictions on chemical production or use

    • Section 5(f) Chemical with an unreasonable risk




What to do if you need help?

If you need assistance related to the TSCA New Chemicals regulatory requirements or the potential changes due to the Inventory Update Reporting Rule, Emilcott can guide you through the reporting. We can also help you navigate the maze of  reporting a potential Form U violation from prior filing years to the EPA (See http://www.emilcott.com/services/svcenvcompliance.asp).  As more information becomes available from the EPA regarding the IUR and as testing of the electronic tool begins, Emilcott will keep you up-to-date via EHSWire and our “Regulatory Updates” Newsletter. If you have any TSCA IUR questions or concerns, feel free to contact Emilcott or post your question below!
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Topics: EPA, Compliance, TSCA & R.E.A.C.H., TSCA, Toxic Substance Control Act, IUR, chemical manufacturer, chemicals, Public Safety, reporting tool, Toxics Release Inventory, inventory update rule

The EPA’s New Year’s Resolutions: Replace PCB-Containing Light Fixtures in Schools and Radon Testing in January

Posted by Shivi Kakar

Jan 9, 2011 10:50:05 PM

Dale Wilson, CIH, LEED AP

The US Environmental Protection Agency (EPA) ended 2010 with two announcements that impact Indoor Environmental Quality (IEQ).   The first of these announcements involves polychlorinated biphenyls (PCBs) in school environments. In their press release and guidance document , the EPA is recommending the removal of all PCB-containing fluorescent light ballasts from school buildings.  The focus is on school buildings built prior to 1979 which have not undergone a complete lighting retrofit since that time.  (Note:  In 1979, the EPA banned the use and processing of PCB.)  The EPA makes these recommendations following the detection of elevated PCB concentration in indoor air at several schools where damaged PCB -containing light fixtures were present.  According to the EPA , “PCBs have been demonstrated to cause cancer, as well as a variety of other adverse health effects on the immune system, reproductive system, nervous system, and endocrine system

While this announcement is directed at schools, commercial and/or residential buildings with pre-1979 fluorescent light fixtures should also consider following this guidance to prevent exposure to their building occupants.  While replacing such fixtures will improve indoor environmental quality, there is another likely benefit:  energy costs are reduced when replacing these older light fixtures with modern, energy-efficient models.   The costs of installing lighting equipment upgrades may also be offset if there is an active incentive program offered by your state government and/or local utility such as these Clean Energy programs offered by the state of New Jersey.  This type of office or plant upgrade is a quadruple “win” opportunity for companies who qualify: 

  • Improve employee work conditions by enhancing their IEQ

  • Reduce your operating costs

  • Participate in an environmental or “green” program

  • And, best of all, have some or all of the equipment paid for by an outside resource!


EPA’s second end-of-2010 announcement recommends testing for radon, as January is National Radon Action Month.   Radon is a naturally-occurring, colorless, odorless gas that can impact your building’s IEQ if mitigation measures are not in place.  Radon exposure is the leading cause of non-smoking lung cancer.  Winter months such as January are the perfect times to test for radon as doors and windows generally remain closed for extended periods of time and heating equipment is in operation potentially creating a pressure differential between the soil and the building’s interior that would promote the migration of radon into the building’s indoor air. 

To find out if your building is located in an area prone to elevated indoor radon concentrations you can view the EPA Radon Map.  Buildings located in Zone 1 counties (red colored) have the greatest potential for elevated radon, followed by Zone 2 (orange) and, finally, Zone 3 in yellow. 

Two easy ways to start 2011 off on the right foot -- follow the EPA’s recommendation by eliminating two significant and relatively easy IEQ concerns, PCBs and radon, from your building.

Have you participated in a state or federal lighting retrofit program? Did the electrical contractor find anything suspicious? How easy was the process? And, have you tested your home or office building for radon? What were the results?
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Topics: General EHS, EPA, health and safety, indoor air quality, Air Sampling, Exposure, chemicals, schools, environmental air monitoring, indoor environmental quality, radon exposure, radon, fluorescent lighting, PCB

New Large Vehicle Greenhouse Gas Emission Standards from EPA

Posted by Shivi Kakar

Nov 28, 2010 11:22:41 PM

Megan Grennille

Your next visit to a truck stop may be more pleasant in a few years.  New standards were announced on October 25th from the DOT (Department of Transportation) and EPA (Environmental Protection Agency) to reduce greenhouse gas emissions in heavy-duty trucks and buses.  The standards, which are set to be phased in on new vehicles in 2014, will include requirements to improve fuel efficiency which benefits businesses, the shipping industry, and cities and towns.

The large vehicles being targeted by the proposed standards are divided into three categories: combination tractors, heavy duty pickups and vans, and vocational vehicles.  Combination tractors will have a 20% decrease in CO 2 output as well as fuel consumption.  Heavy-duty pickup trucks and vans will have separate gas and diesel standards; by 2018 CO 2 emissions and fuel consumption will decrease by 10% in gas vehicles and 15% for diesel.  Vocational vehicles, such as buses and utility trucks, could see a 10% reduction in fuel consumption and CO 2 emissions by 2018.  

The new regulations bring environmental and economic benefits.  People who live near bus depots, cities, and highways should be happy.  And, on those hot smoggy days near the end of this decade, the air will be a little cleaner.

What do you think of the regulations? Will they impact your business?
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Topics: General EHS, EPA, DOT, Hazardous Materials, worker safety, Occupational Health, indoor air quality, Air Sampling, Exposure, chemicals, environmental air monitoring, Working Green, greenhouse gas emissions

Understanding and Applying the Pollution Prevention Act (PPA)

Posted by Shivi Kakar

Nov 15, 2010 1:29:58 AM

Charles Peruffo

The Pollution Prevention Act (PPA) of 1990 (42 U.S.C. §13101 et seq. (1990)) was a paradigm shift in the control of pollution (and hazardous waste). While previous regulations emphasized the “end of the pipeline”, the PPA moved the control of pollution upstream in the manufacturing process to prevent the waste from being generated in the first place. Closely related to the PPA is the NJ Pollution Prevention Act.  Passed in 1991, the NJ PPA implements the concept of reduction in waste production “upstream” by requiring affected companies to develop and submit a 5-year pollution reduction strategy and file  a Release and Pollution Prevention Report (RPPR). The NJ Release and Pollution Prevention Report collects data for New Jersey Right to Know Act ( NJRTK).

What does the Federal PPA require?


Facilities must account for their use of toxic chemicals  and, where feasible, reduce their use.  Toxic pollution that cannot be reduced should be recycled, and pollution that cannot be recycled should be disposed of in an environmentally safe manner. 

EHS professionals must have a firm understanding of the processes that use toxic chemicals in order to reduce their use.  Documenting these activities is an important step in PPA compliance and must include an accounting for the final disposal of toxic chemicals.  Generally this is done using the EPA’s Toxic Release Inventory (TRI) Reporting Form R.  

For facilities in New Jersey, what else is required?


The New Jersey Pollution Prevention Act (NJ PPA), enacted in August of 1991, requires a Pollution Prevention (“P2”) Plan for facilities that meet specific requirements:

  • A facility in New Jersey that files a Form R and a Release and Pollution Prevention Report (RPPR) under the New Jersey Worker and Community Right to Know Act for the same chemical(s) in two consecutive years.  Note that in New Jersey any employer required to submit a TRI Form R is also required to submit the RPPR.

  • The chemicals listed in the Form R and RPPR remain at or above the TRI activity thresholds.


The facility must  prepare a five-year Pollution Prevention (P2) Plan and submit a P2 Plan Summary by July 1 once they become covered (the second year they submit an RPPR for the same chemical).  This becomes the “base year”.  For each of the following years that the facility remains at or above the TRI activity thresholds, the facility completes the P2-115 which compares pollution prevention progress for the reporting year to the base year.

The PPA Filing Process by an EHS Professional


When recently preparing PPA paperwork for a small biotech site, I had to collect a variety of information for preparing a New Jersey P2 Plan.  A brief review of the steps is listed below.  For detailed instructions, look at NJDEP Form DEP-113.

  1. Contacted the company’s purchasing department to find out how much of each toxic chemical had been delivered to the facility. 

  2. Contacted the company’s hazardous waste management contractor to confirm that the amount purchased (Step 1) equaled the amount that was disposed. 

  3. Compare the purchased to disposed amounts. The amounts did not match. 

  4. Investigate the discrepancy.  It turned out the waste management contractor was using a less accurate method for calculating the percentage of toxic chemical in our waste stream.  Their laboratory data indicated that the company was disposing of more toxic chemical than purchased.  Ultimately, the volume data from the company’s purchasing department was used since no new toxic chemicals could be produced by the company’s processes. 

  5. Reviewed the company’s air permit for an estimation of the toxic chemicals lost to the air.

  6. Calculated the chemical remaining as residue in the empty drums, which were also removed by our hazardous waste management contractor.

  7. Contacted the site Controller for the facility SIC code.

  8. Prepared a “Five-Year Use Reduction Goal” based on pollution prevention activities such as process improvements after a review of documentation of meetings where possible improvements were discussed with personnel who work with toxic chemicals as well as process engineering diagrams. (Sets site five year pollution prevention goals).

    • Progress towards these goals needs to be reviewed yearly and documented on the site P2 Plan.



  9. Obtain signatures for plan from the “highest ranking corporate official with direct operating responsibility” and the “highest ranking corporate official at the facility”.


Note --- A P2 Plan Summary needs to be updated and submitted every five years for the chemicals referenced in the original P2 Plan submission.

This process needs to be repeated for each toxic chemical at each applicable facility in New Jersey with all of the information included as part of one P2 Plan regardless of the number of toxic chemicals reported.  The facility does need to file one RPPR for each chemical. Does this seem like a lot of work? Consider this:  In the twenty years since adoption, the PPA and NJ PPA have helped to substantially reduce the use and improper disposal of toxic chemicals by requiring industry to examine their work processes.

How about your facility?


As a facility, are you tracking your toxic chemicals and filing the appropriate PPA/NJ PPA documentation? Have you noticed that a mindful approach to the processes and paperwork have resulted in reduced usage and better, more healthful disposal of chemicals?

About Our Guest BloggerCharles Peruffo is an EHS professional specializing in laboratory health and safety. Prior to his EHS career, Charles spent many years as chemist in the pharmaceutical industry with responsibilities ranging from laboratory safety to analyst training.  He holds a Bachelor of Science in Biology from Montclair State University and is pursuing his Master of Science in Occupational Safety Health Engineering from New Jersey Institute of Technology.
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Topics: General Industry H&S, General EHS, EPA, Emergency Response, Hazardous Waste Management, HazCom, health and safety, Compliance, Air Sampling, reporting, chemical manufacturer, regulation, chemicals, Hazard Communication Standard, pollution prevention, pollution, chemical disposal, Right to Know

EPA Proposed Changes to the TSCA Inventory Update Rule (IUR)

Posted by Shivi Kakar

Sep 13, 2010 12:00:15 AM


Paula Kaufmann, CIH

In a recent blog about the rapidly approaching Toxic Substance Control Act (TSCA) Form U submission in 2011, I mentioned that the EPA published a Proposed Rule detailing TSCA Inventory Update Reporting Modifications. The EPA anticipates promulgating a final rule by the spring of 2011 as the next scheduled IUR submission period is currently scheduled to run from June 1, 2011 through September 30, 2011.

Some of these modifications are really a big deal and will require a lot additional effort for most submitters. We should be seeing some commentary in response to the proposed rule about the cost of compliance with the modifications along with the benefits of having this collection of information about chemical importation, manufacture and use in the US. Hopefully this will be a spirited discussion and we will keep you posted on the outcomes and what they mean to you.

Although we don’t know what the final rule will look…the following is a list of the proposed changes that may affect many of our clients and you:

  • Electronic reporting of the IUR data, using an Agency-provided, web-based reporting software

    • After the final rule’s effective date, paper submissions would no longer be accepted.



  • Form U submission every 4 years (instead of every 5 years)

  • All submissions would require processing and use information (Part III of Form U)

  • No minimum manufacture (or import) quantity for certain chemical substances

    • This an elimination of the 25,000 lb. threshold for the chemical substances that are subject to rules or orders in following TSCA sections:

      • Section 5(a)(2) Significant New Use Rules (SNURs)

      • Section 5(b)(4) Chemicals of concern to EPA

      • Section 6 Prohibitions for chemicals with unreasonable risks

      • Section 5(e) Requirements or restrictions on chemical production or use

      • Section 5(f) Chemical with an unreasonable risk





  • IUR exemption changes for the following chemical substances:

    • No exemption for those with an enforceable consent agreement (ECA) to conduct testing.

    • Full exemption water.

    • Removal of polymers that are already fully exempt from the partially exempt list of chemical substances.



  • Significant new reporting requirements Form U completion:

    • Name and address belonging to the parent company.

    • Current Chemical Abstracts (CA) Index Name, as used to list the chemical substance on the TSCA Inventory, as part of the chemical identity.

    • Production volume for each of the years since the last principal reporting year. For the 2011 report this would include 2006, 2007, 2008 AND 2009 in addition to 2010.

    • Production volume directly exported and not domestically processed or used.

    • Volume of manufactured chemical substance (such as a by product) that is recycled, remanufactured, reprocessed, reused, or reworked .

    • Company Business Information (CBI)

      • Submission of substantiation for CBI claims in Section III (processing and use information).





  • Proposed changes for AFTER 2011 Form U submissions

    • Require reporting if the production volume of a substance met or exceeded the 25,000 pound threshold in any calendar year since the last principal reporting year.




With this significant list of proposed changes, Emilcott is paying close attention to TSCA-related news so that we can advise and guide our clients to be in compliance. We have worked with multiple U.S. and International clients with U.S. facilities that have misunderstood or ignored TSCA regulations resulting in a big problem that could have been avoided. If your facility falls under the TSCA guidelines, are you paying close attention to modifications to the TSCA IUR program? What do you think of the company cost vs. informational and monitoring benefits? What are you doing to be a part of the debate or prepare for submission?
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Topics: Emilcott, General EHS, EPA, Hazardous Materials, Compliance, TSCA & R.E.A.C.H., TSCA, Toxic Substance Control Act, reporting, chemical manufacturer, regulation, chemicals, regulatory

TSCA Form U Submission Year is 2012 (no longer 2011)!!!

Posted by Shivi Kakar

Sep 8, 2010 12:07:44 AM

Paula Kaufmann, CIH

August 2011 Update:   Information from the EPA regarding TSCA requirements and submission has changed significantly since this post was originally written in August 2010. Please also read BREAKING NEWS: New EPA TSCA Inventory Update Requirements (IUR) for 2012   and additional posts following to ensure that you have the most up-to-date information.

-PKaufmann

Is your facility a manufacturer or importer of chemicals in amounts of 25,000 pounds or greater?  If so, your company may need to participate in the next round of the EPA’s Toxic Substance Control Act (TSCA) Inventory Update Rule (IUR) program and submit a Form U to the EPA.

Here’s how the EPA explains this rule:  “The IUR  requires manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory to report site and manufacturing information for chemicals manufactured (including imported) in amounts of 25,000 pounds or greater at a single site.  Additional information on domestic processing and use must be reported for chemicals manufactured in amounts of 300,000 pounds or more at a single site. EPA uses the IUR data to support many health, safety, and environmental protection activities.”  For more information go to http://www.epa.gov/oppt/iur/

When Is the Next Reporting? THIS IS IMPORTANT!!!

The next submission period is currently planned for June 1 - September 30, 2011 when manufacturers and importers will report information on their 2010 production (and the EPA has proposed adding data for years 2006, 2007, 2008 and 2009) . See revised information post:   BREAKING NEWS: New EPA TSCA Inventory Update Requirements (IUR) for 2012

How is IUR Changing for 2011 Reporting?

  1. Inorganic chemicals are no longer partially exempt from the IUR rule. This was a one-time exemption for 2006 reporting only.

  2. On August 13, 2010 the EPA published its proposed IUR Modifications Rule, beginning a 60-day comment period. The proposal would require electronic reporting and expanded manufacturing, processing, and use information.  The EPA anticipates promulgating a final rule by the spring of 2011. As aspects of the proposed rule have yet to  be finalized, Emilcott will  provide a definitive, easy-to-read list here on EHSWire.


So…stay tuned to EHSwire.com or www.emilcott.com to stay informed about any IUR reporting developments and reporting obligations in 2011 for the calendar year 2010.   If you have any questions about the upcoming IUR reporting or TSCA compliance question, please comment below, contact us directly or read more at http://www.emilcott.com/services/svcenvcompliance.asp.  Emilcott provides comprehensive support for TSCA compliance, including assisting with inventory and chemical substance use information subject to the IUR program.

Some interesting Form U questions and facts -

Did you know that 1,541 companies submitted a Form U in 2006?

Some submitted multiple Forms because as each manufacturing site that originates a chemical substance is required to report. The 2006 IUR public data are available on the IUR web site (www.epa.gov/iur).

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Topics: EPA, Hazardous Waste Management, Hazardous Materials, Compliance, TSCA & R.E.A.C.H., TSCA, Toxic Substance Control Act, reporting, chemical manufacturer, regulation, chemicals, regul

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