Do you know the major chemical reporting deadlines for 2018, the new one added, and the one you can take off your to-do list for next year?
Tier II Hard Deadline
It’s never too early to begin to compile data for required reports, especially if there is no leeway with the deadline. If your facility is required to file an annual hazardous chemical inventory (aka Tier II) report, it is due March 1, 2018. The Emergency Planning and Community Right to Know Act (EPCRA) requires that facilities submit a Tier I/Tier II form by the March 1 deadline with respect the previous calendar year. Since this is a statutory provision, the U.S. Environmental Protection Agency (EPA) cannot grant extensions to the deadline. Tier II forms need to be submitted to local agencies on or before March 1 even if the reporting deadline falls on a Saturday or Sunday.
Tip: Tier II reports are submitted to local emergency response authorities. While many states want you to use the EPA Tier2 Submit software for preparing your Tier II information, some states and local agencies have different requirements. Be sure to check with your state or local agency on how it wants the report submitted. Some states now accept (or require) submissions via E-Plan, an emergency response information system developed by the University of Texas at Dallas.
Are You Required to Submit a Tier II Report?
If you are required to maintain safety data sheets (SDSs) under the Occupational Safety and Health Administration (OSHA) regulations for hazardous chemicals stored or used in the workplace, you may be required to submit a Tier II report under EPA’s Emergency Planning and Community Right to Know regulations. It all depends on the chemicals and the amount stored.
You are required to submit a Tier II report if your facility used or stored:
- A hazardous chemical that is a listed Extremely Hazardous Substance (EHS), as listed in 40 CFR 355 Appendix A, and it is present at the facility at any one time in an amount equal to or greater than 500 pounds (lb) or the threshold planning quantity (TPQ), whichever is less; or
- A hazardous chemical that is not an EHS and is present at the facility at any one time in an amount equal to or greater than 10,000 lb.
Thresholds are higher for gasoline and diesel storage at retail gas stations.
Are You Exempt?
You are not required to report substances for which you do not have to have an SDS or substances that are exempt from hazardous chemical inventory reporting.
Combustible Dust: A Special Note for the Plastics Industry
EPA inspectors at plastic molding facilities found that EHS managers at these facilities were unaware the plastic resins they handle are considered hazardous chemicals and, therefore, potentially subject to EPCRA reporting requirements. Facility representatives indicated that similar companies within their trade association were equally uninformed. The EPA has since provided guidance especially for the plastics industry. According to the EPA, it is one of the most requested EPCRA-related documents.
The main issue is that the resins can be considered combustible dust. According to the EPA, manufacturers have classified some plastic resins as combustible dusts on corresponding SDSs. OSHA has advised the EPA that combustible dust is not limited to the portion of material that is airborne. If the SDS of a material states that it is a combustible dust, the material, even while resting on a surface or stored in a silo, would still be a combustible dust as per OSHA’s definition.
No Need for This Chemical Report
If your facility manufactures or imports chemical substances on the Toxic Substances Control Act (TSCA) Inventory List, you are required to report manufacturing information for chemicals manufactured or imported for commercial purposes for the reporting year. The good news is that the next reporting year for this requirement is not until 2020. Take this off your to-do list!
But, Add This Little One
In January 2017, the EPA published the Nanoscale Materials Reporting and Recordkeeping Requirements. By August 14, 2018, you must report if you manufactured or processed a discrete form of a reportable quantity of nanomaterials during the 3 years before the effective date of the rule (i.e., August 14, 2017).
If you begin manufacture or processing of a reportable substance after August 14, 2017, you are required to report at least 135 days before commencing manufacture or processing. If you haven’t formed an intent to manufacture or process at least 135 days before you begin to manufacture or process a reportable substance, you must file the information within 30 days of when you do form such an intent.
Although it is really up to you to determine if this new rule applies to your operations, the EPA has provided a list of sectors to which the reporting requirements may apply.
2018 is also a biennial report reporting year. Does it apply to you? Check out our article on biennial reports here.