Electronic GHG Reporting Tool (e-GGRT) Released

U.S. Environmental Protection Agency is launching a new tool to allow 28 industrial sectors to submit their 2010 greenhouse gas (GHG) pollution data electronically. Prior to the electronic system being finalized, it was tested by more than 1,000 stakeholders, including industry associations, states and NGOs tested the electronic GHG Reporting Tool (e-GGRT) to ensure clarity and user-friendliness.

EPA expects to receive 2010 GHG data from approximately 7,000 large industrial GHG emitters and suppliers, including power plants, petroleum refineries and landfills. EPA’s GHG Reporting Program, launched in October 2009, requires the reporting of GHG data from large emission sources across a range of industry sectors. Suppliers of products that would emit GHGs if released, combusted, or oxidized are also required to report GHG data. Under this program, covered entities are required to submit GHG data to EPA annually and the first round of data will be submitted electronically by September 30, 2011. EPA plans to publish non-confidential GHG data collected through the GHGRP by the end of 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.

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New EPCRA Tier I & Tier II Reporting Forms Proposed

US EPA has proposed a significant revision to the forms and types of information required to be submitted under EPCRA Tier I and Tier II. Title III of SARA (EPCRA) established authorities for emergency planning and preparedness, emergency release notification reporting, community right to-know reporting, and toxic chemical release reporting. It is intended to encourage State and local planning and preparedness for releases of extremely hazardous substances (EHSs) and to provide the public, local governments, fire departments and other emergency officials with information concerning chemical releases and the potential chemical risks in their communities.

As background, under the emergency planning provisions of EPCRA (40 CFR part 355), a facility is required to provide a one-time notification to the State Emergency Response Commission (SERC) and the local emergency planning committee (LEPC) if the facility has any EHS present at the site in excess of its threshold planning quantity (TPQ). Reporting requirements under the community right-to-know provisions, sections 311 and 312 of EPCRA are ongoing obligations. Sections 311 and 312 of EPCRA apply to owners and operators of facilities that are required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical defined under the Occupational Safety and Health Act (OSHA) Hazard Communication Standard (HCS). If the hazardous chemical is present at or above the reporting thresholds, the facility owner or operator is required to submit a MSDS to the SERC and LEPC. Under section 312 of EPCRA, if a hazardous chemical is present at or above the reporting threshold, the facility owner or operator is required to submit an emergency and hazardous chemical inventory form (Tier I or Tier II) to the SERC, LEPC and the local fire department annually by March 1.

Request information on EPCRA reporting support services provided by Caltha

The Tier I and Tier II forms were first published in 1987 and were amended in
1990. Recently, State and local agencies requested that EPA modify these forms to include new data elements and revise existing data elements to make it more useful for emergency planning and response.

What is the difference between Tier I and Tier II reporting requirements under EPCRA?

One of the important changes proposed for the EPCRA Tier I and Tier II reporting forms helps clarify how quantities of EHS chemicals were determined. In a final rule published in 2008, EPA clarified how to report a hazardous chemical mixture. The facility has to aggregate all amounts of that EHS present throughout the facility in mixtures and in pure form to determine if the reporting threshold for EHS has been met or exceeded. If the reporting threshold for that EHS is exceeded, then the facility would have an option to report the mixture or the EHS component.

The current Tier I and Tier II reporting form requires facilities to report the name of the mixture, indicate whether the mixture contains an EHS, indicate the physical and health hazards of the mixture, and report the amount present on-site, as well as the type of storage and storage locations. The regulated community and the state and local agencies, however, are unsure if the amount present on-site refers to the mixture or the non-EHS hazardous chemical or the EHS in the mixture. In order to clarify the reporting of pure chemicals vs. mixtures, the proposed Tier II form has separate entries for mixtures and pure chemicals.

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.


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info@calthacompany.com or Caltha LLP Website

Final IUR - Chemical Data Reporting Rule - IUR Reporting Restarted

The U.S. Environmental Protection Agency has finalized the revised rule for reporting the manufacture and import of chemical substances under the Toxic Substances Control Act (TSCA), as required under 40 CFR 710 and Section 8(a) of TSCA. This rule has commonly refereed to as the Inventory Update Reporting rule, or IUR. The revised rule, known as the Chemical Data Reporting Rule (CDR), also requires that companies submit the information electronically to EPA, rather than on paper, and limits confidentiality claims by companies. Reporting for 2010 under the IUR was originally required to be submitted between June – September 2011; however, because the revised rule had not been completed, EPA temporarily suspended reporting requirement.

The CDR Rule, which falls under the Toxic Substances Control Act Inventory Update Rule (IUR), requires more frequent reporting of critical information on chemicals and requires the submission of new and updated information relating to potential chemical exposures, current production volume, manufacturing site-related data, and processing and use-related data for a larger number of chemicals. EPA is requiring companies to submit the information through the Internet, using EPA’s electronic reporting tool.

Companies will be required to start following the new reporting requirements in the next data submission period, which will occur February 1, 2012 to June 30, 2012.

[Read a Regulatory Briefing on the new TSCA Chemical Data Reporting Rule]

Notice: For many companies that manufacture chemicals, or that import chemicals for their own use or for further distribution, the IUR (now CDR) reporting requirements are the most significant compliance requirement under TSCA affecting their operations. Because the IUR reporting requirements cycle every five years, many companies need to “relearn” the reporting requirements in advance of a reporting year.

Caltha LLP will be conducting a TSCA Compliance Training Session, with an emphasis on the new Chemical Data Reporting Rule, in October 2011. This TSCA training is intended for corporate and facility environmental compliance staff, product responsibility/product stewardship coordinators, and staff involved in purchasing or arranging imports of chemicals from foreign suppliers, and other staff involved in TSCA compliance.

If you would like to receive further information on the TSCA Compliance Training Session, once scheduled, email Caltha at Info@calthacompany.com

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Proposed Air Emission Rules For Oil And Gas Drilling Operations

The U.S. Environmental Protection Agency (EPA) has proposed standards to reduce regulated air emissions from oil and gas drilling operations. These proposed updated standards, issued in response to a court order, would rely on existing technologies to reduce emissions. The proposal would cut volatile organic compound (VOC) emissions from several types of processes and equipment used in the oil and gas industry, including a 95% reduction in VOCs emitted during the completion of new and modified hydraulically fractured wells.

EPA’s analysis of the proposed changes, which also include requirements for storage tanks and other equipment, estimates a net savings to the industry of $10s of millions annually from the value of natural gas that would no longer escape to the air. The proposal includes reviews of four air regulations for the oil and natural gas industry as required by the Clean Air Act: a new source performance standard for VOCs from equipment leaks at gas processing plants; a new source performance standard for sulfur dioxide emissions from gas processing plants; an air toxics standard for oil and natural gas production; and an air toxics standard for natural gas transmission and storage.

EPA is under a consent decree requiring the agency to sign a proposal by July 28, 2011 and take final action by Feb. 28, 2012. As part of the public comment period, EPA will hold three public hearings, in the Dallas, Denver and Pittsburgh areas.

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.

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EPA Proposes Combining NESHAP and NSPS For Several Chemical Sectors

EPA is proposing to combine regulatory requirements under several chemical sectors into a single sector. The chemical sector is focused on the production of synthetic organic chemicals and their intermediates, which consists of many of the North American Industry Classification System codes beginning with "325".

This sector emits hazardous air pollutants such as methanol, butadiene, and benzene, and criteria air pollutants, such as sulfur dioxide, carbon monoxide, nitrogen oxides, and volatile organic compounds. The sector is subject to 14 different National Emission Standards for Hazardous Air Pollutants (NESHAP) and six different New Source Performance Standards (NSPS). Under this proposed action, EPA will consolidate these rules into a single chemical sector NESHAP that will address air toxics and a single chemical sector NSPS that will address criteria pollutants. Uniform standards (for heat exchangers, equipment leaks, storage vessels and transfer operations, control devices and closed-vent systems, and wastewater) are being developed in separate actions and will specify the work practices, equipment standards, and proper monitoring, recordkeeping, and reporting requirements. The regulatory text for the chemical sector NESHAP and NSPS are expected to reference the uniform standards, which will ensure that requirements are consistent across the chemical sector.

In the chemical sector NESHAP, EPA proposes to consolidate the NESHAP for Hazardous Organic Chemicals (HON, subparts F-I), Miscellaneous Organic Chemicals (MON, subpart FFFF), Ethylene (subparts XX and YY), Organic Liquids Distribution (OLD, subpart EEEE), Pesticide Active Ingredients (PAI, subpart MMM), Polyether Polyols (PEPOs, subpart PPP), Group IV Polymers and Resins (P&R IV, subpart JJJ), and Vinyl Chloride (part 61 subpart F) and revise these rules to address unregulated and under-regulated emission points under Maximum Achievable Technology (MACT) or technology review for these categories. At the same time, EPA will also perform a residual risk review for the MON, Ethylene, OLD, PAI, PEPOs, and P&R IV.

EPA is currently evaluating emissions from Vinyl Chloride facilities (currently covered by the HON and the Vinyl Chloride NESHAP) to see if additional emissions limitations are needed for combustion of chlorinated organic compounds. Similarly, the agency plans to review the six chemical sector NSPS and consolidate these requirements into a single sector NSPS and expand the scope of the rule, as necessary, to include additional emissions sources and limitations.

At the present time, EPA anticipates publishing a Notification of Proposed Rule Making in the Federal Register in December 2011.

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New SNUR Reporting For Glymes In Consumer Products

The U.S. Environmental Protection Agency is proposing to require companies report new uses of chemicals known as glymes in consumer products. EPA’s proposed action is based in part on the agency’s concerns that additional uses of these 14 chemicals in consumer products could lead to harmful reproductive and developmental health effects. Glymes are chemicals used in a wide array of applications including printing ink, paints and coatings, adhesives, household batteries and motor vehicle brake systems.

The proposed regulatory procedure is known as a significant new use rule (SNUR) under the Toxic Substances Control Act. The SNUR is intended to ensure that, prior to the manufacture, import, or processing of these chemicals for a significant new use, EPA will have 90 days to evaluate potential risks, and prohibit or limit the activity if warranted.

Comments on the proposed SNUR must be received on or before September 9, 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.

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New “Most Efficient” Consumer Product Designation

U.S. Department of Energy (DOE) and U.S. Environmental Protection Agency (EPA) have announced a new product recognition label for the most energy-efficient products in their category. The new designation of “Most Efficient” aims to provide all manufacturers with an incentive for greater product energy efficiency while providing consumers new information about the products that comprise the top tier in the categories.

Products that receive the Most Efficient designation demonstrate exceptional efficiency performance. The Most Efficient recognition will represent approximately the top 5% of models on the market in the following categories: clothes washers, heating and cooling equipment, televisions, and refrigerator-freezers.

Consumers will be able to identify Most Efficient products on the Energy Star website and in stores by looking for the Most Efficient designation. In addition to meeting established performance requirements, products must also be Energy Star qualified and certified by an EPA-recognized certification body. EPA is encouraging manufacturers to submit products that meet the requirements for recognition.

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