2.0 Requirements Affecting Chemical and Materials Management
Chemical and material management at a facility is regulated under environmental rules. Designations for chemicals or materials that trigger some of these regulations include the following (and are described further in later discussions):
• Hazardous Substances (HS) • Extremely Hazardous Substance (EHS) • Toxic or Flammable Gas • Oil
Activities that are regulated and the associated regulations include (and are discussed further following this list):
• Use of Banned Chemicals and Other Regulated Materials (TSCA) • Reporting on Hazardous Substance and Extremely Hazardous Substance Storage
(EPCRA) • Emergency Response Planning (EPCRA) • Reporting on Hazardous Substance Releases (EPCRA, CERCLA) • Risk Management Program Reporting for Toxic and Flammable Gases (CAA) • Spill Prevention, Control, and Countermeasures (SPCC) Plans for Oil (CWA)
These regulatory program requirements (noted in bold) can apply even if there is no routine air, water, or solid waste discharge from a facility. The following information describes these regulations and discusses how they could apply.
TSCA – Toxic Substances Control Act
This includes regulations issued by EPA to evaluate, assess, mitigate, and control risks which may be posed by the manufacture, processing and use of chemicals. Currently this inventory includes over 60,000 chemical substances. EPA requires information from the manufacturer on health and environmental effects of all chemicals (but "grandfathers in" chemicals that were in commercial use when the act was passed in 1975). EPA can ban manufacture or distribution in commerce, limit the use, require labeling, or place other restrictions on chemicals that pose unreasonable risks. Some of the chemicals and materials regulated under this act include asbestos, chlorofluorocarbons (CFCs), and polychlorinated biphenyls (PCBs).
EPCRA – Emergency Planning and Community Right-To-Know Act
This includes regulations issued by EPA to improve community access to information about chemical hazards and to facilitate the development of chemical emergency response plans by State and local governments. EPA requires the establishment of a State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC) to receive information and to manage response and planning for emergencies. Four separate requirements are included in this act and the regulations.
All Summary of Environmental Regulations
information submitted to these agencies is publicly accessible unless protected by a trade secret claim:
Section 302 requires facilities to notify SERC and LEPC of the presence of any "Extremely Hazardous Substance" (40 CFR Part 355, Appendices A and B) that exceeds the substance planning threshold. The act also directs the facility to appoint an emergency response coordinator.
Section 304 requires notice to the SERC and the LEPC if there is a release exceeding the reportable quantity of a CERCLA hazardous substance or an EPCRA extremely hazardous substance. (Note that CERCLA also has a reporting requirement for such a release to the National Response Center, as discussed later).
Sections 311 and 312 require submittal to the SERC, LEPC, and local Fire Department, information on "hazardous chemicals" (as defined by Occupational Safety and Health Act). The submittal is due annually and includes Material Safety Data Sheets (MSDS) or lists of MSDS and hazardous chemical inventory forms (also known as Tier I and Tier II forms).
Section 313 requires manufacturing facilities included in SIC codes 20 through 39, with ten or more employees, and which manufacture, process, or use specified chemicals in amounts greater than threshold quantities, to submit an annual toxic chemical release report (commonly known as the Form R report; data are compiled by EPA as the Toxic Release Inventory, or TRI, report). This also is often called the SARA 313 reporting requirement.
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