Environmental News
Volume 8, Issue 6
Question of the WeekWhat Do I Need to Know About Annual Hazardous Chemical Inventory Reporting? March 1st is the reporting deadline for the annual hazardous chemical inventory reporting under the EPCRA rules at 40 CFR 370. As this deadline approaches, we at Lion answer many questions about these reporting requirements. Here are the answers to a few basic queries which may apply to your hazardous chemicals: Q. Who must report? A. The inventory reporting rule applies to any facility that is required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical under the OSHA hazard communication rule at 29 CFR 1910.1200 [40 CFR 370.20(a)]. Q. Is there a list of OSHA hazardous chemicals? A. There is no master "OSHA list" of hazardous chemicals. OSHA defines a hazardous chemical as any chemical that poses a, "physical hazard or health hazard" [29 CFR 1910.1200(c)]. The standard provides 20 plus criteria that have to be assessed to determine if something is a health or physical hazard. The standard does require the employer to maintain a list of the hazardous chemicals known to be present at the workplace [29 CFR 1910.1200(e)1)(i)]. OSHA does provide hazard communication resources on its web site. There is a list of extremely hazardous substances (EHS) at 40 CFR 355, Appendix A. A searchable list of Part 355 extremely hazardous substances, along with chemical profiles, and emergency first aid guides is provided on EPA's web site. Q. What materials are subject to reporting? A. For the reporting deadline of March 1st, 2007, all hazardous chemicals that were at your facility at or above their threshold quantities during the 2006 calendar must be included. The reporting threshold for any OSHA hazardous chemical applies when more than 10,000 pounds are present at one time at the facility during the year [40 CFR 370.1(b)(4)]. For extremely hazardous substances (EHS), listed at 40 CFR 355, Appendix A, reporting applies when any EHS is present onsite in quantities over either 500 pounds or the threshold planning quantity (TPQ), whichever is lower [40 CFR 370.1(b)(1)]. There are separate reporting thresholds for gasoline and diesel fuels [40 CFR 370(1(b)(2)-(3)]. Q. In determining the reporting thresholds, do I aggregate the constituents at my site? A. For OSHA hazardous chemicals, no. You would report in your inventory every hazardous chemical of which you had over 10,000 pounds at your facility at any one time during the year. An important note, though, is that if your local authorities request a report, the reporting threshold is zero-they can request information in regard to any hazardous chemical in any quantity. In determining whether you have met the reporting threshold for extremely hazardous substances, you must aggregate the amount of the EHS in mixtures as well as other quantities of the EHS on site [40 CFR 370.28(c)]. Also, the special threshold for gasoline and diesel fuel apply to the aggregate of all blends [40 CFR 370.1(b)(2)-(3)]. Q. How can I locate my LEPC and SERC? A. Your annual report must be submitted to your local emergency planning committee (LEPC), state emergency planning commission (SERC), and local fire department. The EPA maintains a searchable online database of LEPCs and a comprehensive list of SERCs. Q. May I use either the Tier I or the Tier II form? A. As a rule, you may submit either a Tier I form for your entire inventory of hazardous chemicals and extremely hazardous substances, or Tier II forms for each hazardous chemical, extremely hazardous substance, or mixture in your inventory [40 CFR 370.25(a)-(b)]. A Tier I form must include general information about all the chemicals at your facility, including the maximum amounts present, physical and health hazards, average daily amounts present, general locations at the facility, number of days on site, and other information as appropriate [40 370.40]. A Tier II report must include chemical-specific information, including the CAS number, chemical name or common name, whether the chemical is pure or a mixture, its physical state, whether it is EHS or non-EHS, its hazard category (defined at 40 CFR 370.2), and other information as appropriate [40 CFR 370.41]. Q. What if I use the Tier I and they ask for the Tier II? A. While using the Tier I inventory reporting form is acceptable under the Federal regulations, your LEPC, SERC, and/or local fire department may then require you to follow up with a Tier II report. The Tier II report then becomes mandatory, and you must submit it [40 CFR 370.25(c)]. Additionally, the Tier II report is required in most states, and some have additional requirements beyond the Federal Tier II requirements. The EPA's Tier II online information site provides state-specific information, but be sure to check with your local authorities as well. Q. May I submit the report electronically? A. Yes, if you are submitting the Tier II form. The EPA has developed Tier2 Submit 2006 software to help facilities prepare an electronic report. If your state accepts this format, you may follow the directions on EPA's Tier2 Submit web site. This site also provides printable forms for facilities using the Tier I reporting form. Join the conversation! Visit the environ-mgmt Discussion Group to post comments, ask questions, and get answers!
EPA News2/06/2007—Ohio
Plant Fined $750,000 for Air Pollution Violations; Company Also
to Cut Future Emissions 2/05/2007—EPA's
Fiscal Year 2008 Budget Focuses on Next Phase of Environmental Progress 2/05/2007—Seven
Eastern Washington Facilities Face EPA Penalties for Risk Management
Program Violations 2/01/2007—EPA
Settles with Infineum on Notification Rules for New Chemicals 1/31/2007—U.S.
EPA Orders Southern California Company to Stop Distributing Pesticide:
Sample Bottles Lacked Safety information, Directions for Use 1/18/2007—Developing
Your Stormwater Pollution Prevention Plan: A Guide for Construction
Sites (Interim) Recent EPA Rules, Standards, and InterpretationsFor Lion Members and Recent Course Attendees 2/09/2007—Standards
of Performance for New Stationary Sources: Electric Utility Steam
Generating Units and Industrial-Commercial-Institutional Steam Generating
Units 2/06/2007—Standards
of Performance for New Stationary Sources and Emission Guidelines
for Existing Sources: Hospital/Medical/Infectious Waste Incinerators
1/30/2007—Notice
of Broadly Applicable Alternative Test Methods 1/26/2007—Unregulated
Contaminant Monitoring Regulation (UCMR) for Public Water Systems
Revisions: Correction 12/20/2006—TSCA
Inventory Update Reporting Extended to March 23, 2007 |
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