MinnesotaToxic Pollution Prevention Plan Update Due January 1, 2018

The Minnesota Toxic Pollution Prevention Act (TPPA) requires facilities that report toxic chemical releases under EPCRA 313 to prepare a Pollution Prevention Plan (P2 Plan) for chemicals reported on EPA Form R. In addition to submitting their EPA Form R to the Environmental Protection Agency (EPA) and the Minnesota Emergency Planning and Community Right-to-Know Act (EPCRA) Program, TRI reporting sites must prepare a Pollution Prevention Plan and to submit annual Pollution Prevention Progress Reports based on those plans to the Minnesota EPCRA Program.

There are two reoccurring P2 requirements for TRI reporting sites in Minnesota:

• Annual P2 Progress Report - due with TRI report on July 1, and
• Biennial Update to Pollution Prevention  (P2) Plan - due by Jan 1 for each odd-numbered year (update required in 2017 must be completed by January 1, 2018)

The Pollution Prevention Plan and Progress Report do not apply to chemicals that are not required to be reported on EPA Form R, are reported on EPA Form A, or are reported on EPA Form R but have no on-site release or off-site transfer amounts.

Click here for more information and regulatory updates on EPCRA reporting.

Changes To Toxic Release Inventory Reporting Chemicals In 2017

On November 28, 2016, the USEPA published a final rule that adds a HBCD category to the TRI list of reportable chemicals. The HBCD category includes two CASRNs:
•3194-55-6 (1,2,5,6,9,10-HBCD) and
•25637-99-4 (HBCD).

Since the HBCD category meets the TRI criteria for a persistent bioaccumulative toxic (PBT) chemical, USEPA established a reporting threshold of 100 lbs for the category.

The rule was effective November 30, 2016, and applies to the 2017 reporting year with the first reports due by July 1, 2018.

On November 16, 2016, the USEPA published a proposed rule to add a NPE category, which contains thirteen NPEs, to the TRI list of reportable chemicals. NPEs are nonionic surfactants used in adhesives, wetting agents, emulsifiers, stabilizers, dispersants, defoamers, cleaners, paints, and coatings. If finalized as proposed, facilities required to report NPEs included in the new category would file just one TRI report form for the covered NPEs.

Toxic Release Inventory reports for calendar year 2016 are due by July 1, 2016

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Ortho Nitrotoluene Proposed For Be Added To List Of EPCRA TRI Chemicals

EPA is proposing to add ortho-nitrotoluene (o-nitrotoluene) to the list of chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA). o-Nitrotoluene has been classified by the National Toxicology Program in their 12th Report on Carcinogens as "reasonably anticipated to be a human carcinogen." EPA believes that o-nitrotoluene meets the EPCRA section 313(d)(2)(B) criteria because it can reasonably be anticipated to cause cancer in humans. Based on EPA’s review of the available production and use information, the agency believes that o-nitrotoluene is expected to be manufactured, processed, or otherwise used in quantities that would exceed the EPCRA section 313 reporting thresholds.

Comments on the proposed addition of o-Nitrotoluene to the list of TRI chemicals must be received on or before May 13, 2013.

Caltha LLP provides specialized expertise to clients nationwide in the preparing and submitting annual toxic release inventory reports, and preparing cost-effective chemical tracking procedures.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Petition To Remove Acetonitrile From TRI Reporting Requirements Denied By EPA

EPA has announced that it is denying a petition to remove acetonitrile from the list of chemicals subject to reporting requirements under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution Prevention Act of 1990 (PPA). EPA reviewed the available data on this chemical and determined that acetonitrile does not meet the deletion criterion of EPCRA section 313(d)(3), specifically due to its potential human health impacts.

EPCRA section 313(d) authorizes EPA to add or delete chemicals from the list and sets criteria for these actions. EPA may add a chemical to the list if any of the listing criteria in Section 313(d)(2) are met. To remove a chemical from the list, EPCRA requires that EPA demonstrate that none of the listing criteria are met. The EPCRA section 313(d)(2) criteria are:

(A) The chemical is known to cause or can reasonably be anticipated to cause significant adverse acute human health effects at concentration levels that are reasonably likely to exist beyond facility site boundaries as a result of continuous, or frequently recurring, releases.
(B) The chemical is known to cause or can reasonably be anticipated to cause cancer or teratogenic effects, or other serious or irreversible chronic health effects.
(C) The chemical is known to cause or can be reasonably anticipated to cause significant adverse effect on the environment, because of its toxicity, persistence in the environment, or tendency to bioaccumulate in the environment

Caltha LLP provides specialized expertise to clients nationwide in the providing technical assistance in preparing Toxic Release Inventory (TRI) Reports, and other environmental reporting requirements under EPCRA.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Rules For NP and NPE Under TSCA and EPCRA 313

EPA has initiated rulemaking to restrict the use of nonylphenol (NP) and its ethoxylates (NPEs) under a proposed significant new use rule (SNUR) using existing Toxic Substances Control Act (TSCA) authority and under the Emergency Preparedness and Community Right-to-Know Act (EPCRA). EPA plans to issue the proposal in the next year. NP and NPEs are used in industrial laundry detergents, oil spill dispersants, personal care products, industrial soaps, and other products, but the agency has raised concerns that the chemicals are highly toxic to aquatic life, environmentally persistent, moderately bioaccumulative and potential endocrine disruptors.

As part of the action plan, EPA is working with the industrial laundry industry to phase out that use of the chemicals by the end of 2014. The action plan also says the agency intends to encourage manufacturers of all NPE-containing direct-release products, such as firefighting gels and foams, dust-control agents and de-icers, to move to NPE-free formulations. Earlier this year the agency released an alternatives assessment for NP and NPEs through its Design for the Environment program that identified eight safer alternatives. The TSCA section 5 SNUR would serve as the next step under EPA's action plan, complementing the phaseout by restricting industry from reintroducing the chemical in new applications.

The SNUR would require persons who intend to manufacture, import, or process certain NP and NPE chemicals for an activity that is designated as a significant new use by the proposed rule to notify EPA at least 90 days before commencing that activity. The notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs to prevent unreasonable risk to human health or the environment.

The action plan also indicates EPA may add the chemicals to its EPCRA Section 313 Toxics Release Inventory (TRI) list, and has proposed under TSCA section 5(b)(4) to put NPs and NPEs on a list of chemicals that present or may present an unreasonable risk of injury to health or the environment. The chemicals-of-concern list alone would have no regulatory consequences or trigger a rule.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Summary Of TRI Chemical Release Data For 2010

The U.S. Environmental Protection Agency (EPA) is releasing its annual national analysis of the Toxics Release Inventory (TRI), for reporting year 2010. Total releases including disposals for the latest reporting year, 2010, are higher than the previous two years but lower than 2007 and prior year totals.

The 2010 TRI data show that 3.93 billion pounds of toxic chemicals were released into the environment nationwide, a 16 % increase from 2009. The increase is mainly due to changes in the metal mining sector, which typically involves large facilities handling large volumes of material. In this sector, even a small change in the chemical composition of the ore being mined may lead to big changes in the amount of TRI chemicals reported nationally. Several other sectors also reported increases in toxic releases in 2010, including the chemical and primary metals industries.

Total air releases decreased 6 % compared to 2009, continuing a trend seen over the past several years. Releases into surface water increased 9 % and releases into land increased 28 % compared 2009, again due primarily to the metal mining sector.

TRI data is submitted annually to EPA and states by numerous industry sectors including manufacturing, metal mining, electric utilities, and commercial hazardous waste facilities. Facilities must report their toxic chemical releases to EPA under the federal Emergency Planning and Community Right-to-Know Act (EPCRA) by July 1st of each year. The Pollution Prevention Act of 1990 also requires information on waste management activities related to TRI chemicals.

Caltha LLP provides specialized expertise to clients nationwide in the preparation of TRI reports, developing chemical tracking procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

EPA Reinstates TRI Reporting Requirements For Hydrogen Sulfide

The U.S. Environmental Protection Agency (EPA) has announced that it is reinstating Toxic Release Inventory (TRI) reporting requirements for hydrogen sulfide. Hydrogen sulfide was added to the TRI list of toxic chemicals in a final rule published on December 1, 1993. However, on August 22, 1994, EPA suspended the TRI reporting requirements for hydrogen sulfide in order to address issues that were raised by members of the regulated community regarding the information used to support the original listing decision. On February 26, 2010, EPA published a Federal Register document that provided the public with the opportunity to comment on EPA’s review of the currently available data on the human health and environmental effects of hydrogen sulfide. After consideration of public comments, EPA has concluded that the reporting requirements for hydrogen sulfide should be reinstated.

This action will be effective for the 2012 TRI reporting year. The first reports for the 2012 TRI reporting year are due from facilities by July 1, 2013.

TRI is a publicly available database that contains information on toxic chemical releases and waste management activities reported annually by certain industries and federal facilities. The purpose of today’s action is to better inform the public about toxic chemical releases in their communities and to provide the government with information for research and the potential development of regulations.

Hydrogen sulfide occurs naturally in crude petroleum, natural gas, volcanic gases, and hot springs. It can also result from the breakdown of organic matter, and is produced by human and animal wastes. Hydrogen sulfide can also result from industrial activities, such as food processing, coke ovens, kraft paper mills, tanneries, and petroleum refineries. Individuals living near a wastewater treatment plant, a gas and oil drilling operation, a farm with manure storage or livestock confinement facilities, or a landfill may be exposed to higher levels of hydrogen sulfide.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Proposed Expansion of TRI Reporting Industry Sectors

EPA has announced a proposed rule would expand the scope of industry sectors covered by Emergency Planning and Community Right-to-Know Act (EPCRA) section 313, also known as the Toxics Release Inventory (TRI).

As originally enacted, EPCRA 313 applied only to the manufacturing industry sectors. The statute, however, also allows the EPA Administrator to add sectors to TRI to the extent that doing so is relevant to the purposes of EPCRA 313. Under this authority, the EPA in 1997 added seven additional industry sectors to the list of sectors covered by TRI. The current proposed rule would add or expand coverage to the following industry sectors:

• Iron Ore Mining,



• Phosphate Mining,



• Municipal Waste Incineration,



• Industrial Dry Cleaning,



• Petroleum Bulk Storage, and



• Steam-Only Production from Fossil Fuels.

EPA currently expects to publish a Notice of Proposed Rule Making (NPRM) in the Federal Register around December 2012.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website

Toxic Release Inventory TRI Reporting Summary 2009

U.S. Environmental Protection Agency (EPA) has released its annual national analysis of the Toxics Release Inventory (TRI) for reporting year 2009. In 2009, 3.37 billion pounds of toxic chemicals were released into the environment, a 12% decrease from 2008. The analysis, which includes data on approximately 650 chemicals from more than 20,000 facilities, found that total releases to air decreased 20% since 2008, and releases to surface water decreased 18%, and to land 4% since 2008.

The EPA analysis shows decreases in the releases of persistent, bioaccumulative, and toxic (PBT) chemicals including lead, dioxin, and mercury. Total disposal or other releases of mercury decreased 3% and total disposal or other releases of both dioxin and lead decreased by 18%. Seven percent few facilities reported to TRI from the previous year, continuing a trend from the past few years.

EPA added 16 chemicals to the TRI list of reportable chemicals in November. [read more about new chemicals added to TRI reporting] These chemicals are reasonably anticipated to be human carcinogens, and represent the largest chemical expansion of the program in a decade. Data on the new TRI chemicals will be reported by facilities on July 1, 2012.

Caltha LLP provides specialized expertise to clients nationwide in the preparation of EPCRA 313 Toxic Release Inventory reports, developing chemical tracking procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Saccharin Removed From CERCLA List of Hazardous Substances

U.S. Environmental Protection Agency (EPA) has removed saccharin, a common artificial sweetener, and its salts from the list of hazardous substances. Saccharin was a listed CERCLA hazardous substance and had a reportable quantity (RQ) of 100 pounds; saccharin is also listed as a chemical subject to EPCRA 313 (SARA 313) toxic release inventory (TRI) reporting.

Saccharin was labeled a potentially cancer-causing substance in the 1980s. In the late 1990s, the National Toxicology Program and the International Agency for Research on Cancer re-evaluated the available scientific information on saccharin and its salts and concluded that it is not a potential human carcinogen. Because the scientific basis for remaining on EPA’s lists no longer applies, the agency has removed saccharin and its salts from its lists.

EPA proposed the removal of saccharin and its salts from the lists on April 2010 and did not receive any comments opposing the proposal.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website

CERCLA EPCRA Reporting Exemption For Hazardous Substance Releases From Farms

On December 18, 2008, EPA published a Final Rule, "CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms ("Final Rule").

The Final Rule established exemptions from certain reporting requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Emergency Planning and Community Right to Know Act (EPCRA). On January 15, 2009, Waterkeeper Alliance, Sierra Club, the Humane Society of the United States, Environmental Integrity Project, the Center for Food Safety, and Citizens for Pennsylvania's Future filed a Petition for review of the Final Rule. The petition challenged the exemptions under both CERCLA and EPCRA. On March 17, 2009, the National Pork Producers Council filed its Petition for Review challenging a portion of the Final Rule that amended the EPCRA regulations. The two cases were consolidated. On Feburary 11, 2009, the National Chicken Council, National Turkey Federation, and U.S. Poultry & Egg Association moved to intervene on behalf of EPA to assert their interests in the Final Rule.

Since August 25, 2009, the case has been held in abeyance so that the Parties could participate in the D.C. Circuit Mediation Program. The mediation process did not resolve the issues raised by all of the parties, but it did raise issues warranting reconsideration of the final rule by EPA. As such, EPA sought and received a voluntary remand, without vacature of the Final Rule during the reevaluation period.

Caltha LLP provides specialized expertise to clients nationwide on Toxic Release reporting under CERCLA and EPCRA, and Tier 2 reporting under EPCRA 311 and 312, and EPCRA 313 Toxic Release Inventory Reporting.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website

TRI Reporting Obligations for Metal Mining Activities

The Toxics Release Inventory (TRI) currently requires reporting from metal mining facilities if they manufacture or process 25,000 pounds or more of a listed chemical or otherwise use 10,000 pounds or more of a listed chemical.

EPA had considered naturally occurring materials to be "manufactured" by natural processes. A recent court order set aside EPA's interpretation of manufacture in the context of mining, concluding that naturally occurring ores in situ have not been manufactured within the meaning of Emergency Planning and Community Right to Know Act (EPCRA) section 313. EPA is currently considering clarifying how the definitions of manufacturing and processing under EPCRA section 313 apply to the mining sector processes of extraction and beneficiation. According to EPA, this action will not affect the coal extraction activities exemption. EPA anticipates that their revised guidance on application of TRI report to mining activities will be completed by February 2011.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Changes To TRI 313 Reporting Requirements

Over the past two years, several changes have been made to the reporting requirements under EPCRA 313 - or commonly referred to as Toxic Release Inventory (TRI) reporting. Depending on the amounts of 313 chemicals processed or "otherwise used" at a facility, a TRI report may be required.

Links to relevant amendments to TRI reporting requirements:

Use of NAICS codes, instead of SIC codes to determine applicability

Changes to reporting Persistent, Bioaccumulative and Toxic Chemicals (PBT) on Form R Reports

Proposed additional chemicals to list of 313 chemicals subject to TRI report

EPA Clarification of Article Excemption Under EPCRA Section 313

Caltha LLP provides specialized expertise to clients nationwide in the determine TRI reporting requirements, developing 313 chemical tracking procedures, and preparing Toxic Release Inventory reports.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website

New Chemicals Proposed for Toxic Release Inventory - TRI

U.S. Environmental Protection Agency (EPA) is proposing to add 16 chemicals to the Toxics Release Inventory (TRI) list of reportable chemicals. TRI is a publicly available EPA database that contains information on toxic chemical releases and waste management activities reported annually by certain industries as well as federal facilities.

Four of the chemicals are being proposed for addition to TRI under the polycyclic aromatic compounds (PACs) category. The PACs category includes chemicals that are persistent, bioaccumulative, toxic (PBT) and are likely to remain in the environment for a very long time. These chemicals are not readily destroyed and may build up or accumulate in body tissue.

The chemicals proposed for addition are:

• 1-Amino-2,4-dibromoanthraquinone
• 2,2-bis(Bromomethyl)-1,3-propanediol
• Furan
• Glycidol
• Isoprene
• Methyleugenol
• o-Nitroanisole
• Nitromethane
• Phenolphthalein
• Tetrafluoroethylene
• Tetranitromethane
• Vinyl Fluoride
• 1,6-Dinitropyrene
• 1,8-Dinitropyrene
• 6-Nitrochrysene
• 4-Nitropyrene
  

EPA is accepting public comments on the proposal for 60 days after it appears in the Federal Register.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Changes to 2009 Toxic Release Inventory Report Requirements

Toxics Release Inventory (TRI) reporting requirements were changed on March 11, 2009 as part of the Omnibus Appropriations Act of 2009. These changes affect TRI reports due July 1, 2009. The 2009 Omnibus Appropriations Act returned TRI reporting requirements back to the rules in effect prior to December 22, 2006.

The change requires that all reports on persistent, bioaccumulative, and toxic (PBT) chemicals be submitted on "Form R,", which is the more detailed form. For all other chemicals the shorter form, “Form A” may be used only if the annual reporting amount is 500 pounds or less and that the chemical was manufactured, processed or otherwise used in an amount not exceeding 1 million pounds during the reporting year. EPA will issue a rule shortly revising the regulatory text in the Code of Federal Regulations to reflect these changes. TRI-ME software and other reporting assistance materials are also being revised.

As background, in December 2006 U.S. EPA revised the reporting requirements for releases of listed chemicals (commonly known as 313 chemicals) required under Section 313 of the Emergency Planning & Community Right-to-Know Act (EPCRA). The revisions made by EPA in 2006 related to the Forms used to report 313 chemical releases. Form R is typically used to report releases, and data submitted on Form R is released to the public. Form A is a streamlined reporting process, used for 313 chemicals released in smaller quantities. Data submitted on Form A is not released to the public. The revision made by U.S. EPA changed the thresholds for when Form A could be used. Form R could always be used to report data, even for small quantities.

The 2006 revision allowed some facilities to use a streamlined reporting process; chemicals reported using the streamlined process would not be included in facility TRI reports released to the public. In response, twelve States filed a law suit against U.S. EPA in November 2007. The suit claims that the revision prevented citizens and communities from having access to the critical information required under EPCRA.

The 2009 changes to TRI reporting only affects how TRI data are reported; it does not change the thresholds used to determine if a TRI report is required. This change only applies to TRI reporters with total releases less than 5,000 lbs/year. No revisions were made by U.S. EPA for reporting 313 chemicals that have releases greater than 5,000 lbs/year.


[Read more about recent changes to TRI reporting for auxiliary facilities]
[Read more about 2008 legislation in Minnesota that reversed 2006 EPA TRI changes for Minnesota TRI sites]

Caltha LLP provides specialized expertise to clients nationwide in the EPCRA and TRI reporting, developing hazardous material tracking procedures, and preparing cost-effective regulatory compliance programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Toxic Release Inventory Reports - Change for Auxilary Facilities

In 2007, EPA issued a final rule requiring that facilities reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), commonly called the toxics release inventory (TRI), identify the nature of their business by using North American Industry Classification System (NAICS) codes. Beginning with reports submitted 2007, NAICS codes replaced Standard Industrial Classification (SIC) codes that have been in use since TRI was initiated in 1987.

Both the SIC and NAICS systems were developed to organize and track information the US economy. The basic difference in approach to the two systems is that the SIC system classifies establishments based on their economic output (i.e, what they produce or provide), and the NAICS classifies establishments according to the processes used to produce goods and services (i.e., what they do). With one exception, the switch to NAICS did not affect facilities already required to report under TRI. No industry groups were added to or deleted from the list as a result of the change.

The exception involves businesses classified as "auxiliary facilities" which, under SIC, are those facilities that provide support functions for a manufacturing activity. For example, a distribution center operated by a paper products manufacturer was assigned the same SIC code as the manufacturing operation it supported. Under NAICS, the same distribution center would be assigned a code reflecting the warehousing and logistics operations.

Auxiliary facilities traditionally reported to TRI using the SIC code of the establishment they supported. NAICS did not adopt the SIC concept of auxiliary establishments. Under NAICS, these facilities now report their TRI according to their own activities.

Caltha LLP is a professional EH&S consulting firm providing expert support to facilities nationwide in the development and implementation of cost effective regulatory compliance programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

EPCRA 311 - 312 Reporting - Recent Changes To Reporting Requirements

In November 2008, US EPA published a revision to rules under the Emergency Planning and Community Right-to-Know Act (EPCRA) Sections 311 and 312. These revisions may affect reporting for some facilities in 2009.

The key revisions included the following:

• Clarification on acceptable calculation methods for mixtures containing EPCRA chemicals to determine if reporting thresholds are exceeded;


• Defining the time allowed to report changes at the facility relevant to EPCRA chemicals to appropriate agencies. This includes notifying that the facility is no longer in operation, then new extremely hazardous substances (EHSs) are present at the facility, if EHSs are moved to a different location at the facility, if EHSs are no longer present at the facility, and other changes relevant to emergency planning.

For more information, refer to:

Regulatory Briefing - Revision to EPCRA Reporting Requirements

Caltha LLP provides expert technical support to facilities to meet their EPCRA and CERCLA reporting requirements, including EPCRA 311, EPCRA 312 and EPCRA 313 reporting.


For further information contact Caltha LLP atinfo@calthacompany.com
orCaltha LLP Website

EPCRA - CERCLA Reporting - Changes to Hazardous Substance Release Reporting

Effective January 20, 2009, US EPA is providing an administrative reporting exemption that applies to certain releases of hazardous substances from farm operations. The exemption applies to releases of hazardous substances to the air from animal waste at farms. The final rule reduces the burden of complying with Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements for the affected farms.

The final rule does not change the notification requirements if hazardous substances are released to the air from any source other than animal waste at farms (e.g., ammonia tanks), or if any hazardous substances from animal waste are released to any other environmental media, (e.g., soil, ground water, or surface water) when the release of those hazardous substances is at or above its reportable quantity.

Ammonia and hydrogen sulfide are the most common hazardous substances that are emitted from animal waste. Ammonia is a by-product of the breakdown of urea and proteins that are contained in animal waste, while hydrogen sulfide is another by-product of the breakdown of animal waste under anaerobic conditions. However, other hazardous substances, such as nitrogen oxide and certain volatile organic compounds may also be released from animal waste. This rule extends the administrative reporting exemption to all hazardous substances emitted to the air from animal waste at farms.

Caltha LLP assists facilities regulated under CERCLA and EPCRA in meeting their reporting requirements, including EPCRA 311 – EPCRA 312 reporting of releases of hazardous substances.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Auxiliary Facilities – TRI Reporting Requirements Under New NAICS System

In 2007, EPA issued a final rule requiring that facilities reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), commonly called the toxics release inventory (TRI), identify the nature of their business by using North American Industry Classification System (NAICS) codes. Beginning with reports submitted 2007, NAICS codes replaced Standard Industrial Classification (SIC) codes that have been in use since TRI was initiated in 1987.

Both the SIC and NAICS systems were developed to organize and track information the US economy. The basic difference in approach to the two systems is that the SIC system classifies establishments based on their economic output (i.e, what they produce or provide), and the NAICS classifies establishments according to the processes used to produce goods and services (i.e., what they do). With one exception, the switch to NAICS did not affect facilities already required to report under TRI. No industry groups were added to or deleted from the list as a result of the change.

The exception involves businesses classified as "auxiliary facilities" which, under SIC, are those facilities that provide support functions for a manufacturing activity. For example, a distribution center operated by a paper products manufacturer was assigned the same SIC code as the manufacturing operation it supported. Under NAICS, the same distribution center would be assigned a code reflecting the warehousing and logistics operations.

Auxiliary facilities traditionally reported to TRI using the SIC code of the establishment they supported. NAICS did not adopt the SIC concept of auxiliary establishments. Under NAICS, these facilities now report their TRI according to their own activities.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Toxic Release Inventory Reporting - Changes to TRI Requirements in Minnesota

In May 2008, the State of Minnesota passed a State law that effectively reversed recent Federal actions relaxing Toxic Release Inventory (TRI) reporting requirements as they apply to Minnesota TRI reporting sites.

As background, in December 2006 U.S. EPA revised the reporting requirements for releases of listed chemicals (commonly known as 313 chemicals) required under Section 313 of the Emergency Planning & Community Right-to-Know Act (EPCRA). The revision allowed some facilities to use a streamlined reporting process; chemicals reported using the streamlined process would not be included in facility TRI reports released to the public.

In response, twelve States, including Minnesota, filed a law suit against U.S. EPA in November 2007. The suit claims that the revision prevented citizens and communities from having access to the critical information required under EPCRA.

The State Law only affects how TRI data are reported; it does not change the thresholds used to determine if a TRI report is required. This change only applies to TRI reporters located in Minnesota and only applies for those sites with total releases less than 5,000 lbs/year. No revisions were made by U.S. EPA for reporting 313 chemicals that have releases greater than 5,000 lbs/year.

The revisions made by U.S. EPA in 2006 related to the Forms used to report 313 chemical releases. Form R is typically used to report releases, and data submitted on Form R is released to the public. Form A is a streamlined reporting process, used for 313 chemicals released in smaller quantities. Data submitted on Form A is not released to the public. The revision made by U.S. EPA changed the thresholds for when Form A could be used. Form R could always be used to report data, even for small quantities.
Minnesota State Law now requires that Form A can only be used to report Non Persistent, Bioaccumulative or Toxic (PBT) Chemicals if the annual release is less than 500 lbs. Form A can not be used for any Persistent, Bioaccumulative or Toxic (PBT) Chemicals regardless of the quantity released.

For further information contact Caltha LLP atinfo@calthacompany.com
or
Caltha LLP Website