Environmental Health and Safety Blog | EHSWire

Highlights That You Should Know

• The 2012 Submission Period is scheduled to occur February 1, 2012 - June 30, 2012.


• Production (manufacture or import) volumes are required for 2010 and 2011--- with manufacturing, processing and use information from 2011.


• TSCA Form U impacts all chemical manufacturers and importers and certain chemical users and processors.


• IUR is now called CDR “Chemical Data Reporting” Rule.


• The CDR Rule includes significant changes.

How to Stay Up-to-Date with Incoming TSCA Information*

• A comprehensive summary of the revised requirements and critical changes to the 2012 Form U submission (available upon request within a week). 


• Notification of EPA seminars and other TSCA-related information activities. Emilcott will create updates for these sessions as they occur.


• Free informational TSCA-related CDR Rule Form U webinars.

*Continued technical information, updates and webinar invitations will be sent to subscribers of Emilcott's TSCA News Update. To subscribe or find out more information, call 800-886-3645 or send an email to pkaufmann (at) emilcott.com.

Additional Questions?

More Information

• 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…

• 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. 

What to do if you need help or have questions?

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

• 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. 

• 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?

Quick Reference Guide to Regulations and Submissions (Jan-Apr 2011)

Anyone who imports or manufactures a new polymer in 2010 that met the TSCA Exemption Criteria must submit a TSCA Polymer Exemption Report of manufacture or import by (postmarked) January 31 of the year subsequent to initial manufacture. The notice must include:

• 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.)

• 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 is the role of an Expert Witness?

• Review documents


• Conduct independent investigations


• Perform research – particularly on regulations


• Prepare an opinion about the facts


• Present an expert report – written or orally


• Give a sworn deposition


• Testify at trial

How do you shop for an EHS expert? 

• The American Board of Industrial Hygiene certifies professionals in the practice of industrial hygiene. ABIH is responsible for ensuring high-quality certification application and examination processes, certification maintenance and ethics governance and enforcement.


• The Board of Certified Safety Professionals certifies professionals within several designations – all related to safety in the workplace.


• The Institute of Hazardous Materials Management offers several professional certifications that demonstrate various levels of knowledge, expertise, and excellence in the management of hazardous materials.


• The Board of Environmental Auditor Certifications certifies four designation of EHS professionals which demonstrates the competency, professionalism, and ability of EHS auditors.


• The American Board for Occupational Health Nurses (ABOHN) is an independent nursing specialty certification board and is the sole certifying body for occupational health nurses in the United States and awards four credentials:  Certified Occupational Health Nurse (COHN), Certified Occupational Health Nurse - Specialist (COHN-S), Case Management (CM), and Safety Management (SM).

• 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.
  
  
  
  

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.

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).

• Charging the EPA and OSHA with more authority over the chemical industry.
  
  
  
  • OSHA created the Process Safety Management Standard (29 CFR 1910.119), a program that looks in depth at process technologies, procedures and management practices.
  
  
  • The EPA codified Chemical Accident Prevention Provisions (40 CFR Part 68) which requires facilities to conduct a hazard assessment, develop a prevention program, and implement a risk management plan.
  
  
  • Other laws that regulate the use of hazardous materials were enhanced.  These include the Toxic Substance Control Act (TSCA); the Resource, Conservation and Recovery Act (RCRA); and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
  
  
  
  


• Creating the U.S. Chemical Safety and Hazard Investigation Board (CSB). 

I recently read an article titled “Implementing Safety during Design: a Case Study” in the March 2009 edition of AIHA publication, The Synergist. The authors discuss how incorporating safety systems or measures in the design phase of a construction project can result in large cost savings for the overall project budget. Studies have shown that implementing safety during the planning phases of a project, compared with after construction costs, have a 1:10,000 ratio. This equates to $1 pre-construction costs versus $10,000 post-construction abatement. The authors focus on safety concerns following the guidelines established by The Institute for Safety through Design (established in 1995 by the National Safety Council's Business and Industry Division).

As an industrial hygienist, I have often been frustrated when working on remedies for minimizing exposure to chemicals, immediate safety concerns, chemical storage and waste handling concerns after the occupancy of new laboratory facilities. Construction design planners rely heavily on architects that create beautiful layouts, but often fail to incorporate the fire safety, hazardous material handling and life safety issues that are detailed in NFPA 45: Standard on Fire Protection for Laboratories Using Chemicals and NFPA 101: Life Safety Code®. The design planners and architects frequently look to the local fire department or permit authorities to approve the plans. These groups may be well versed in commercial building codes, but often are not experts in the potential hazards present in a laboratory operation. The costs of retrofitting a new facility to meet NFPA guidelines and OSHA standards can be staggering. The “take away” is to get an EHS professional involved in the upstream design process. Often cost of another “expert” is discouraged by the planners. Then again, studies (and our experiences) have shown that not getting the right experts at the planning table can be “penny wise but pound foolish”.