Workshop EE Best Practices for Tackling Tier II (SARA 312), TRI (SARA 313) and TSCA Reform Wednesday, March 22, 2017 8:00 a.m. to 9:15 p.m.
Biographical Information Amanda Jennings Managing Consultant Trinity Consultants 110 Polaris Parkway, Suite 200 Westerville, Ohio 43085 Phone: 614.433.0733 E-mail: ajennings@trinityconsultants.com Ms. Jennings is a Managing Consultant in Trinity’s Columbus, Ohio, office and provides air quality support for various industries in Ohio, including but not limited to, petroleum refining/distribution, chemical manufacturing, surface coating, asphalt processing/shingle manufacturing, and fiberglass and foam insulation manufacturing. She has completed numerous projects over her 12 years of consulting experience ranging from minor and major source state construction permit to install (PTI) or permits to install and operate (PTIO) applications, Fee Emissions Reports (FERs), emissions inventories, Toxic Release Inventory Reports (TRIs), Title V operating permit renewal and modification applications, MACT and GACT general consulting/compliance assistance, and regulatory applicability analyses. Ms. Jennings graduated from Ohio University with a Bachelor of Science Degree in Chemical Engineering. Ellen Hewitt Managing Consultant and Business Development Manager Trinity Consultants 110 Polaris Parkway, Suite 200 Westerville, Ohio 43085 Phone: 614.433.0733 E-mail: ehewitt@trinityconsultants.com Ms. Hewitt is a Managing Consultant and the Business Development Manager for Trinity’s Northeast sub region. In her tenure at Trinity, she has prepared several construction permit applications in both West Virginia and Ohio, Title V renewal applications, NSPS and MACT/GACT regulatory determinations, complex emissions calculations, and various regulatory reports including Title V annual certification reports, Fee Emissions Reports (FERs), Toxic Release Inventory Reports (TRIs), and Toxic Substance Control Act (TSCA) Chemical Data Reporting (CDR) submittals. Additionally, Ms. Hewitt manages business development activities in Trinity’s Northeast sub region. Ms. Hewitt earned a Bachelor of Science degree in Chemical Engineering from The Ohio State University. After graduation she obtained her Six Sigma Greenbelt Certification in June 2005.
Workshop EE – Best Practices for Tackling Tier II (SARA 312), TRI (SARA 313), and TSCA Reform Cincinnati, OH ♦ March 22, 2017 Amanda Jennings Ellen Hewitt
Objectives ˃ Review Tier II Best Practices ˃ Brush off the cobwebs to prepare for the 2016 Toxic Release Inventory (TRI) ˃ What is TSCA Reform? A brief overview and update
Tier II Regulatory Background ˃ Federal Regulation 40 CFR 370 (Sections 311/312 of the federal act) Apply to any facility required to prepare or have available a safety data sheet (SDS) for a hazardous chemical by the Occupational Safety and Health Administration’s (OSHA’s) Hazardous Communication Standard; and The hazardous chemical is stored above a threshold level. SDS reporting (one-time) ♦ 40 CFR 370.30 through 370.33 Inventory reporting (annually by March 1) ♦ 40 CFR 370.40 through 370.45 Submit to the Local Emergency Planning Committees (LEPC), the State Emergency Response Commission (SERC), and the fire department ♦ Tier II inventory information used to develop emergency response plan(s).
When are Updates Required? ˃ SDS reporting is a one-time requirement ˃ Update the information in the following ways: Submit a revised SDS after you discover significant new information concerning a hazardous chemical for which an SDS was submitted ♦ within 3 months of discovery Submit an SDS, or a list for any new hazardous chemical for which you become subject to these reporting requirements ♦ within 3 months becoming subject for the specific hazardous chemical. Submit SDS upon request by LEPC ♦ Within 30 days of request
TRI Basics ˃ Section 313 requires a TRI report annually for each listed chemical exceeding an activity threshold Manufactured, processed, or otherwise used 600+ chemicals listed ˃ Report due July 1, 2017 for reporting year (RY) 2016 Submit Form As and/or Rs Submit via TRI-ME web
TRI Updates! ˃ New TRI chemicals: 1-Bromopropane ♦ Solvent (e.g., dry cleaning, adhesives, degreasing) ♦ Starting July 1, 2017 Hexabromocylcododecane (HBCD) Category ♦ Flame retardant, e.g., foam insulation ♦ Starting July 1, 2018
TRI Updates! ˃ Updates to TRI-MEweb for 2016 “Modernized” to streamline/simplify ♦ Look for recording…coming soon? ♦ Certifiers can use text message verification instead of security questions! ♦ Can use TRI-MEweb for negative declaration All Pollution Prevention (P2) entries are featured in a new TRI P2 Search tool: ♦ https://www3.epa.gov/enviro/facts/tri/p2.html ♦ Facilities may be highlighted in national analysis report
TRI Basics: Two Part Process ˃ Part 1: Applicability & Threshold Determination ˃ Part 2: Release/Waste Management Reporting Complete Form R or Form A for each 313 chemical exceeding the 25,000 lb or 10,000 lb activity threshold
Get Prepared! ˃ Examples of information to gather: Last year’s TRI and calculation spreadsheet Purchasing/inventory records SDS; product specifications Air permits; actual emission calculations Monitoring records (e.g., CEMS, flow meters) Water permits; monitoring and discharge reports Waste manifests Waste profiles Annual waste reports Tier II report
Best Practice #1 ˃ Do not assume what was done in the past is correct! Schedule a review or external audit to evaluate past assumptions Document all assumptions clearly for both reportable and non-reportable compounds.
Recordkeeping Requirements ˃ Facilities must keep a copy of each TRI report submitted for at least 3 years from the date of submission ˃ Facility must also maintain any documents, calculations, other forms upon which they relied to gather information to complete prior reports ˃ EPA also recommends facilities also keep records for those 313 chemicals for which they were not required to file a TRI.
Best Practice #2 ˃ Understanding the differences in the threshold activities Manufacture, Process, Otherwise Use ˃ Identify all potential threshold activities
Threshold Determination: Thresholds for Non-PBT ˃ Manufacture more than 25,000 pounds of the 313 chemical during the reporting year ˃ Process more than 25,000 pounds of the 313 chemical during the reporting year, or ˃ Otherwise use more than 10,000 pounds of the 313 chemical during reporting year ˃ Thresholds are mutually exclusive: Facility processes 20,000 lbs of Chemical X and manufactures 6,000 lbs of Chemical X. Chemical X is not reportable.
Threshold Determination: Manufacture ˃ Produce, Prepare, Compound, or Import For further on-site use/processing For sale/distribution As a byproduct ♦ Coincidental manufacture; following production, chemical is separated from process stream As an impurity ♦ Coincidental manufacture; following production it is not separated but remains in the product for distribution in commerce
Threshold Determination: Processing ˃ Preparation of the 313 chemical for distribution in commerce Incorporation of the chemical into a product
Threshold Determination: Processing ˃ Processing: As a reactant ♦ Used in a chemical reaction for the manufacturer of another substance As a formulation component ♦ Added to a product as “performance enhancer” (e.g., flame retardant, dye) As an article component ♦ Becomes an integral component of an article that is distributed in commerce (e.g., paint pigment) Repackaging ♦ Preparation of distribution in commerce in a different form, state, or quantity (e.g., transfer of material from bulk container to smaller containers) As an impurity ♦ Chemical is processed but not separated and remains in the product (e.g., lead in wood products)
Threshold Determination: Otherwise Use ˃ Use of a 313 chemical not covered by “manufacture” or “process” ˃ Does not include disposal, stabilization, or treatment for destruction Unless: ♦ Chemical was received from off-site for purposes of further waste management ♦ Chemical that was disposed, stabilized or treated for destruction was manufactured as a result of waste management activities on materials received from off-site for purposes of waste management
Threshold Determination: Otherwise Use ˃ As a chemical processing aid Added to a reaction mixture to aid in the manufacture or synthesis of another substance but is not intended to remain in or become part of the product (e.g., process solvents, reaction terminators, catalysts, etc.) ˃ As a manufacturing aid Aids in manufacturing process but does not become part of product (e.g., process coolants, refrigerants, hydraulic fluids, etc.) ˃ Ancillary or other use Examples: cleaners, degreasers, fuels, water treatment chemicals, etc.
MPOU Examples ˃ Fuel Combustion Acid aerosols (HCl) and metal compounds (PbO) are coincidentally manufactured as byproducts 313 chemicals in the fuel prior to combustion are considered otherwise used ˃ Use of coatings Volatile 313 compounds are otherwise used Non-volatile 313 compounds are processed (e.g., pigments)
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