Environmental Health and Safety Blog | EHSWire

By Paula Kaufmann, CIH

Here is a handy table we recently created for our clients — a gentle reminder to get organized! Even if you miss a deadline, it’s better to start playing catchup as soon as you find out that you are not in compliance.

As you begin to gather the information for your TSCA 2012 CDR submission, keep in mind that almost all polymers are exempt from reporting.

What polymeric substances are exempt from reporting?

• Chemical substances described with the word fragments “*polym*”, “*alkyd”, or “oxylated” in the Chemical Abstracts (CA) Index Name


• Chemical substance which is identified in the TSCA Master Inventory File as-    Siloxane(s) and silicone(s)

-       Silsesquioxane(s)

Bringing in the New Year is always an exciting time for everyone. People enjoy setting new goals, looking forward to the journey that the New Year brings and starting that resolution they promise they are going to keep. While the New Year brings many things to look forward to, it also is a time where we look back at the year that has passed and take a moment to reflect on what has happened.

At Emilcott, 2011 was a successful year where we were able to tackle new projects, serve our clients and continue to respond to current industry issues in the environmental, health and safety field. Though we have had many great memories from 2011, we would like to mention some of the things that stood out most in our business for 2011.

Hurricane Irene – the immense and powerful Atlantic hurricane that left a path of destruction and devastation was something that definitely stands out in 2011. We remember this event not only because of the wreckage caused by the storm, but also because of the after effects. The staff at Emilcott recognized the importance of addressing the legacy of water intrusion and the promise of mold after the storm and stressed to clients the importance of “timing” to address how to respond to this problem, as well as the importance of selecting the proper remediation technique along with an EHS mold expert and Emilcott’s mold remediation strategy. (Read more: Hurricane Irene Leaves a Legacy of Water Intrusion and the Promise of Mold)

Energy Sector – Emilcott has been thrilled to be able to participate in many different initiatives within the energy sector.  Regionally important to the growth of our economy, the ongoing infrastructure improvements have given us substantial health and safety support work. In EHSWire during 2011 we addressed many occupational hazards as Occupational Heat-related Illnesses where we went over the symptoms that workers may experience, as well as what should be done if someone does experience these symptoms. Besides dealing with working conditions such as heat, Emilcott also provided information on the truths about occupational slips, trips and falls which ended up costing American businesses $13.67 billion in workers compensation costs in 2008. Adhering to proper safety protocols and preventing injuries is something that benefits businesses and their workers. OSHA provides a Walking/Working Surfaces – Safety and Health Topic page which provides links to all the applicable standards.

With issues such as heat affecting the health of workers to preventing injuries on job sites, Emilcott has seen our fair share of mishaps. Being able to share our experiences and knowledge with others never gets old. From teaching someone the hazards about working near a crane, or things you should do when working in certain environments, Emilcott has always tried keeping people in the loop. We even have a 10-Hour Construction Industry Outreach Training Course based on the requirements established by OSHA which is a very hands-on and interactive class that we recommend to avoid a future work related issue. (Read more: Work Near a CRANE? Learn the Hazards!)

9/11 Tenth Anniversary – focused the changes that have occurred since 9/11/2001 such as the new precautions that have taken place on the American Chemical Security issue.   The DHS (the Department of Homeland Security) has been increasing their focus on utilities and chemical facilities which may become targets for terrorist activities and the DHS Chemical Facility Anti-Terrorism Standard (CFATS) now requires completing and submitting a Top Screen analysis to the DHS.

The James Zadroga Act , which was authorized to broaden, renew funding and extend benefits to Ground Zero workers whose death was a result of exposure, is of great significance and has put new emphasis on the importance of proper real-time environmental site monitoring. New technologies are available to protect site workers and the public from exposure to hazardous substances such as those from the collapse of the WTC towers. (Read more: 9/11 Tenth Anniversary Focuses on American Chemical Security)

Toxic Substance Control Act (TSCA) – was of major importance not only to Emilcott, but also to facilities who are manufacturers or importers of chemicals in amounts of 25,000 pounds or greater. With so many questions regarding TSCA and the changes, Emilcott decided to put on a free webinar along with posting a number of blogs that answered many of the concerns our clients had. Emilcott was able to use its expertise and help many clients with TSCA compliance questions and concerns regarding the developments of IUR reporting and reporting obligations in 2011 for the calendar year 2010. (Read more: August 2011 Update on the TSCA IUR-now-CDR Rule)

Though Emilcott has had many remarkable memories of 2011, we felt these 4 really left an impression on our business. Emilcott is privileged to know that we were able to assist our clients in many different businesses not only in 2011, but throughout our history. Emilcott looks forward to a productive 2012 and we are excited to see what this year has in store for us.

Do you have any environmental, health or safety concerns for 2012? If so, please share them with us below!

Paula Kaufmann, CIH

The EPA hosted a 3-hour webinar on November 16, 2011 that reviewed the reporting process for the 2012 Chemical Data Reporting (CDR) Rule with a focus on joint reporting, considerations related to the reporting of byproducts, and updated information about registering for electronic reporting and for using the electronic reporting tool/  The EPA has posted the presentation slides online and expects to have a recording of the webinar available for viewing by December 1.

Webinar Take Aways – Still Many Questions

• The Agency has prepared a detailed instruction manual for the 2012 CDR that presents the reporting requirements using a decision logic diagram.


• Registration for the EPA Central Data Exchange (CDX) for CDR submission is scheduled to be opened on December 1.  The sign-up link will be posted on the IUR/CDR Home Page. (Emilcott will also post it on our TSCA Resource Web Page.)


• e-CDR web, the CDR reporting tool, is scheduled to be available in January.


• The TSCA Substance Registry Services (SRS) will be updated in January.


• Additional resources will continue to be posted at www.epa.gov/cdr.


• A few of the new requirements highlighted during the presentation brought in many questions during the subsequent 2-hour webinar Q&A – specifically concerning Contract Manufacturing, Joint Submission, and byproducts reporting.

Some of the questions not answered during the webinar that we found of particular interest are:

• What are the reporting responsibilities for toll manufacturers where the volume of a chemical made for one customer is less than 25,000 lbs but they manufacture for several customers putting the cumulative volume above the threshold?


• What does one do since the XML Schema that is currently posted does not function properly, and is stated to be the final version?


• Does starting material that is recycled (and reused) need to be reported since the material was not manufactured at the site?


• If off-specification material is reprocessed, does the material gained from the reprocessing get reported as a byproduct or is it included in the overall production volume?


• How does one account for non-isolated intermediates that are isolated and then reprocessed due to maintenance activities or upset conditions?


• What are the reporting responsibilities for an importer if the supplier does not agree to be a joint submitter?

As the reporting period nears we will be taking a careful look at the rationales and explanations provided in the Preamble to the Final Rule as the buck stops with the final rule as published.

If you need guidance for the EPA TSCA 2012 CDR Submission, Emilcott offers three helpful options

1. Contact Emilcott  directly with your questions about TSCA or other regulatory issues.


2. Subscribe to our free TSCA newsletter which delivers TSCA-related information just like this right to your mailbox.


3. Register for our free Dec 6 webinar:  Do You Understand TSCA 2012 CDR Requirements?

Paula Kaufmann, CIH

TSCA questions are pouring in and we are responding.  To ensure that the information is available in a reasonable (and non-overwhelming) way, Emilcott has created a TSCA resource section of our web site for centralizing all kinds of intelligence, notifications, links, and summaries about Toxic Substance Control Act (TSCA) 2012 Chemical Data Reporting (CDR).

All these pages (just click on the headers) are available from the Emilcott Home page but we suggest you bookmark the pages that are most relevant and don’t forget to register for our December 6^th Free Webinar!

Emilcott TSCA Resource Center

The TSCA Resource Center has moved from the Emilcott home page to a new page – lots of information including all our TSCA-related EHSwire blogs (CDR and IUR) and EPA Chemical Data Reporting Links, EPA New Chemicals Links, and EPA Import/Export Links. This page will stay updated so that you have a one-stop location for all TSCA information. If you have specific issues you’d like to see addressed here, please let us know.

aula Kaufman, CIH

If you are a foreign or domestic business in the US who is either a chemical importer (resells for use in blending, repackaging) or chemical manufacturer (make new chemicals out of chemicals purchased from others with the exception for pharmaceutical companies), this update is about mandatory compliance with the EPA’s Toxic Substances Control Act (TSCA), specifically filing the 2012 TSCA Form U “Chemical Data Report”.

Emilcott recently participated in an industry preview (the unveiling!) of the e-CDRweb tool.  Based on this peek, we are optimistic that the tool will be functional and surmountable IF all the required information is gathered together prior to preparing the submission.  As a test run, we entered simulated data and found the online tool to be logical and the built-in validation system should assist submitters with identifying inconsistent or incomplete entries.

Our conclusion: The difficulty will most likely not be the use of the e-CDRweb tool, the greater challenge will be the effort and time required to gather the right data needed for the submission.

Our advice: START GATHERING THE REQUIRED DATA NOW!!

Start with the following 2010 and 2011 inventory and volume data:

• Review the Form U data needed, consider the time you will need to obtain these data, and then allow additional time for getting follow-up, incomplete or missing information.


• Determine Co-Submitters for chemicals that are toll manufactured.


• Get the CAS number for all chemicals at or above the 25,000 lb threshold. Prescient warning:  the need to submit a CAS number or accession number for each chemical may require significant effort and time for submitters with suppliers that list “confidential” for the component.
  
  
  
  • Define which suppliers will need to be joint submitters.
  
  
  • Discuss and agree upon this with the supplier.
  
  
  
  

Get the CDX registration and authorizations completed… a multi-step, multi-party and possibly lengthy process.

• CDX registration for e-CDRweb will be available on November 1, 2011.


• Primary Authorized Official must be registered first as this activates the account.
  
  
  
  • Designate the Primary Support
  
  
  
  


• Establish the Secondary Authorized Officials (joint submitters) by chemical substance

In summary, if you were to compare filing the EPA’s TSCA submission to the IRS’s income tax form, the e-CDRweb tool is definitely going to be easier. However, understanding what to get and where to get it and then digging up the required information for the TSCA submission is going to be challenge.

If you need guidance with what data you should for the EPA TSCA 2012 CDR Submission, please contact Emilcott!

You can also subscribe to our free TSCA e-newsletter which delivers information right to your mailbox. Want more info? Enroll for our free Dec webinar by sending an email to pkaufmann@emilcott.com.

Feel free to post any questions below in the comments section and we will respond quickly.

Paula Kaufmann, CIH

If you are a foreign or domestic business in the US who is either a chemical importer (resells for use in blending, repackaging) or chemical manufacturer (make new chemicals out of chemicals purchased from others with the exception for pharmaceutical companies), this update is about mandatory compliance with the EPA’s Toxic Substances Control Act (TSCA), specifically filing the 2012 TSCA Form U “Chemical Data Report”.

Information about the new TSCA CDR Form U reporting tool is rolling in from the EPA.  On September 23 ^rd the Agency hosted an hour-long webinar in which the 2012 CDR reporting requirements were reviewed and the use of the electronic Form U reporting tool (“e-CDRweb”) was demonstrated. If you missed the webinar or need a rewind, both the presentation materials and recorded webinar have been posted by the EPA at IUR/CDR – About Submissions.

Webinar Take Aways

• The Agency is emphasizing two new reporting requirements:
  
  
  
  • The standard of “known to or reasonably ascertainable by” for processing and use information (formerly “readily obtainable”)
  
  
  • The upfront Confidential Business Information (CBI) substantiation
  
  
  
  


• Both the company that contracts for the manufacture AND the toll manufacturer are now considered to be the co-manufacturers of that chemical substance


• The e-CDRweb tool is designed for joint reporting and has very specific requirements for supplier-EPA communication. Joint reporting is specifically for those instances where a supplier will not disclose the specific chemical name (or TSCA accession number) of a chemical substance or a reactant used to manufacture the TSCA chemical substance because the name is claimed confidential.


• Registration with the EPA’s Central Data Exchange (CDX) is required prior to accessing e-CDRweb.
  
  
  
  • CDX registration requires the completion of an electronic signature agreement (ESA) form that foreign suppliers must submit by mail.
  
  
  • CDX registration for e-CDRweb will be available on November 1, 2011.
  
  
  • CDX registration is a multi-part process.
  
  
  
  


• The EPA will be providing support for use of the new e-CDRweb tool.
  
  
  
  • A training webinar is tentatively scheduled for November 2011.
  
  
  • Comprehensive instructions for the 2012 TSCA Chemical Data Reporting are now online.
  
  
  
  

To summarize, the e-CDRweb tool looks like it is a much friendlier submittal tool than its predecessor, e-IURweb. The gotcha will be in the preparation of the materials so that the submittal process is easy. Like many other federal filings, understanding what to submit and why may be much more complicated than the actual filing process. The requirements that changed from the 2006 to 2012 range wildly from subtle and minor to extensive and complex.

Did you participate in the EPA’s e-CDRweb webinar? What did you think? Are there any particular “gotchas” that caught your eye?

If you need guidance with what data you should for the EPA TSCA 2012 CDR Submission, please contact Emilcott for help

• You can also subscribe to our free TSCA e-newsletter which delivers TSCA-related information right to your mailbox.


• Want more info? Enroll for our free Dec webinar by sending an email to pkaufmann@emilcott.com.

If you have any questions, feel free to post them in the comments section and we will respond quickly.

by Paula Kaufmann

We just had our first cold weather snap in the northeast reminding me that 2012 is just around the corner.  A change in the seasons is our cue to ask Emilcott clients that manufacture or import chemicals:   Have you gathered the 2010 chemical volume data AND are you collecting the 2011 data needed for the 2012 TSCA Chemical Data Report?

In a previous blog we summarized the basic requirements of the inventory, production volume and use i nformation that needs to be collected for the EPA’s TSCA 2012 Chemical Data Report (CDR). You can find this “bare bones chart” by clicking here.  The EPA recently presented the following key requirements  in this document  “ Instructions for the 2012 TSCA Chemical Data Reporting.”

HIGHLIGHTS OF 2012 TSCA CHEMICAL DATA REPORTING (CDR)

• The determination of the need to report is based on production volume during calendar year 2011.


• Information on the reportable chemical substance must be reported during the 2012 CDR submission period, February 1, 2012 to June 30, 2012 (40 CFR 711.20).


• All reporting companies must report CDR data electronically, using e-CDRweb, the CDR web-based reporting tool, and EPA’s Central Data Exchange (CDX) system. Prior to submitting data, submitters must register with CDX.


• Reporting is required for all chemical substances listed on the TSCA Inventory, both organic and inorganic, other than polymers, microorganisms, naturally occurring chemical substances, certain forms of natural gas, and water (40 CFR 711.5 and 711.6) when manufacture (including import) of those chemical substances meets the other reporting requirements. Chemical substances that are the subject of any of certain listed TSCA actions may not be eligible for partial or full exemptions (40 CFR 711.6).


• Manufacturers (including importers) are required to report full manufacturing data, for calendar year 2011, and production volume only, for calendar year 2010, for all reportable chemical substances, when 2011 site-specific production volume equals or exceeds 25,000 lb (40 CFR 711.15(b)).


• Manufacturers (including importers) are required to report processing and use data, for calendar year 2011, for all reportable chemical substances, when 2011 site-specific production volume equals or exceeds 100,000 lb (40 CFR 711.15(b)). Inorganic chemical substances are no longer exempt from the reporting of processing and use information.


• Small manufacturers are exempt from CDR requirements unless they manufacture (including import) 25,000 lb or more of a chemical substance that is the subject of a rule proposed or promulgated under sections 4, 5(b)(4), or 6 of TSCA, or is the subject of an order in effect under section 5(e) of TSCA, or is the subject of relief that has been granted under a civil action under sections 5 or 7 of TSCA (40 CFR 711.9) and (TSCA §8(a)(3)(A)(ii)). See Appendix B for further information.


• Information submitted under CDR may be claimed as confidential; however, such claims must be made at the time of submission and substantiated in accordance with the CDR rule. Submitters must provide upfront substantiation of confidentiality claims for processing and use information as well as for confidentiality claims for site or chemical identity. A blank response or a response that is designated as “not known or reasonably ascertainable” may not be claimed as confidential (40 CFR 711.30).

The EPA is frequently adding information to their Inventory Update Reporting and Chemical Data Reporting Resource page.  And Emilcott will continue to update our TSCA Resource Center with helpful information -- check in often!

If you need guidance with the information that you should be gathering (starting now!) for the EPA TSCA 2012 CDR Submission, please contact Emilcott!.You can also subscribe to our TSCA newsletter to be kept up to date and enroll for our free webinar (date to be announced soon) by sending an email to pkaufmann@emilcott.com.  Feel free to post any questions below in the comments section and we will respond quickly.