TSCA Chemical Data Report

3/9/2016 Page 1TSCA CDR - Preparing for 2016 Reporting

TSCA Chemical Data Report

Rebecca BradleyProject ManagerTrihydro Corporation

Preparing for 2016 Reporting


Presentation Outline• TSCA background and regulation

• CDR background and updates

• Determining how and what to report

• Best practices for CDR

• Industry specific best practices and examples

• Tips and tricks for 2016


TSCA Background• Toxic Substances Control Act (TSCA) created in the late 1970s

• Listed toxic chemicals in commerce

• Primary Objective • Reduce the risk of chemical exposure to the environment or human health via controls

at:• Manufacturing

• Distribution

• Use

• Disposal

• Authority given to EPA to regulate potentially dangerous chemicals not already covered under existing regulations


TSCA Regulatory SectionsRegulations at 40 CFR Subchapter R (Parts 700-799)

• Principal sections of TSCA:

• Section 4 – Testing of Chemical Substances

• Section 5 – Manufacturing and Processing Notices

• Section 6 – Regulation of Hazardous Chemical Substances and Mixtures

• Section 8 – Reporting and Recordkeeping


CDRChemical Data Reporting (CDR)

• CDR Objective –• Collect exposure-related information on chemical

substances and make it available to the EPA and general public.

• Screen, identify, and prioritize potentially harmful chemicals

• Most comprehensive data set on chemical substances and their proposed uses


CDR Background• Required every 4 years

• 2016 Submission Period: June 1, 2016 – September 30, 2016

• 2016 Reporting Period: January 1, 2012 – December 31, 2015

• Many changes to this report• Inventory Update Reporting (IUR) rule implemented in 1986

• IUR changed to CDR in 2012 reports

• Form U• Parts I, II, and III


TSCA Definition of Chemical SubstanceAny organic or inorganic substance of particular molecular identity, including any combination of such substances occurring in whole or in part as a result of a chemical reaction or occurring in nature, and chemical element or uncombined radical.


Relevant CDR Changes

Reporting Year 2006 2012 2016Production Volume Reporting Threshold (lbs)

100,000 25,000 25,000*

Production Volume Reporting Threshold for Partial Exemption (lbs)

300,000 100,000 25,000*

Principal Reporting Year 2006 2011 Not Applicable

* Potentially harmful chemicals subject to TSCA regulatory or consent agreement status have a lower threshold of 2,500 lbs.


Example – Is This Reportable?Site X produces “Chemical A” during the reporting period. “Chemical A” has a reportable quantity of 25,000+ lbs. The “Chemical A” production volumes were:

2012 – 28,000 lbs

2013 – 26,000 lbs

2014 – 25,000 lbs

2015 – 24,000 lbs

YES!!


Example – Is This Reportable?Site X produces and distributes benzene off site during the reporting period (2012-2015). The benzene production volumes were:

2012 – 23,000 lbs

2013 – 25,000 lbs

2014 – 27,000 lbs

2015 – 29,000 lbsYES!!


How much is 25,000 lbs?• 12.5 tons of Asphalt

• ~5.7 LT or ~35.7 bbl of Sulfur

• ~6100 gals or ~140 bbl of Propane

• ~3700 gals or ~90 bbl of Kerosene

𝑀𝑀 = 𝑉𝑉 𝑥𝑥 𝜌𝜌


Getting Started – Subject to CDR?

A. Is your chemical substance manufactured for

commercial purposes?

B. Is your chemical substance on the TSCA Inventory?

C. Is your chemical substance potentially

exempt from reporting?

D. Is your chemical substance ineligible for an exemption due to its TSCA

regulatory or consent agreement status?

YES

NO

NO

YES

YES

YES

NO

NO

You are manufacturing a CDR reportable Chemical.


Exempt Substances• Certain forms of natural gas

• Natural gas

• Condensates

• Gasoline natural

• Raw liquid mix

• Naturally occurring substances• Crude oil

• Water• Natural and manufactured

• Byproducts• No separate commercial intent

• Impurities

• Fuel Gas/ Off Gas

• Non-isolated intermediates

• Polymers and microorganisms


Byproducts ExamplesIf a chemical byproduct is disposed of as a waste only or combusted as fuel, is it exempt from the CDR?

100,000 lbs of sulfur from a sulfur recovery unit (considered a byproduct) is generated – 40,000 lbs is sold to a fertilizer plant, and the other 60,000 lbs is land-filled; is it exempt from the CDR?

YES!!

The 40,000 lbs sold is REPORTABLE.


Getting Started – Required to Report?

E. Did you manufacture (including import) 25,000 lb

or more of the chemical substance at a single site?

F. Do you qualify for a small manufacturer exemption?

H. Do you qualify for any other reporting

exemptions?

G. Did you manufacture a

chemical substance subject to reporting

due to its TSCA regulatory status?

YES

NO

You must Report.

YES

NO

NO

NO

YES

YES


Exemptions from Reporting• Small manufacturer

• Annual sales (w/parent company) less than $4 million

• Annual sales (w/parent company) less than $40 million AND annual production volume of the chemical substance is less than 100,000 lbs

• Research and development substances

• Chemical substance imported as part of an “article”• Metal, plastic, wire, carpet, plywood, etc.


Production Threshold ExamplesSite A imports and manufactures Chemical X in the following annual amounts:22,000 lbs manufactured4,000 lbs importedIs Chemical X reportable?

Site B manufactured 30,000 lbs of Chemical Y in 2015. They directly exported 25,000 lbs and sold the remaining 5,000 lbs in the US. Is Chemical Y reportable?

YES!!

YES!!


Getting Started – Reportable Information

I. Did you manufacture (including import) 25,000 lb

or more of the chemical substance at a single site?

J. Is your chemical substance subject to full reporting due

to is TSCA regulatory or consent agreement status?

L. Is your chemical substance listed as a chemical for which there is low current interest in the CDR processing and

use information?

K. Is your chemical substance listed as a petroleum process

stream?

YES

NO

COMPLETE PARTS I, II, & III OF FORM U.

NO

NO

YES

YES

YES

NO


Exemptions from Part III Reporting• Listed petroleum process streams

• 40 CFR 711.6(b) Table 1

• Don’t include streams sold separately in their “pure” state

• Butane, propane, ethane, benzene, toluene, sulfur, etc.

• Listed as chemical with low current interest• 40 CFR 711.6(b) Table 2

• Hydrogen

• CO2


Partially Exempt from Reporting?In 2015 Site A manufactures and distributes 120,000 lbs of Diesel Fuel. Is the substance partially exempt from reporting?

Yes – many different forms of diesel are on the exemption Table 1.

In 2015 Site B manufactures and distributes 50,000 lbs of Toluene. Is the substance partially exempt from reporting?

No – The Toluene is sold in it’s “pure” state, and above the threshold.


Getting Started – Best Practices• Block Flow Diagrams (BFD)

• 2006 and 2012 reports

• Identify new units or products since 2012 report

• Best sources for information• Accounting reports: annual breakdowns of

substances manufactured/imported

• Charge and yield, process inventory, receipts & shipments, etc.


Refineries and TSCA CDR • Most substances are exempt from Part III

Reporting

• Refinery fuel gas and off-gases are fully exempt from reporting

• Breakup substances unit by unit

• Substances shipped off-site not in Exemption Table 1 are Part III reportable• “Pure” form substances


Refinery ExampleWhich of the following substances would be reportable in the 2016 CDR?

Heavy Straight Run 70,000 lbs

FCC Gasoline/Naphtha 50,000 lbs

Fuel Gas 110,000 lbs

Butane (shipped off-site) 25,000 lbs

Coke (shipped off-site) 100,000 lbs

Vacuum Gas Oil 15,000 lbs

Hydrogen (shipped off-site) 35,000 lbs

Sulfur (shipped off-site) 50,000 lbs

Which would be Part III reportable?


Importers and TSCA CDR• Importer is entity that is directly responsible for importing the substance

• Typically finished gasolines and diesels

• No generic “finished gasoline” in TSCA Inventory• Mixture of chemical substances

• Breakdown into the individual components

• Work with best data available• Speciation's/lab analyses

• Sulfur and benzene reports

• SDS (formerly MSDS)


Importer ExampleYou import 16,000 bbl (~4,000,000 lbs) Regular Gasoline and 3,000 bbl (~700,000 lbs) Premium Gasoline in a single year. It is determined that the annual average concentration (by weight) of Benzene in the Regular Gasoline is 0.55% and 0.57% in Premium Gasoline. Do you have to report Benzene in the CDR?

Benzene in Regular Gasoline: 4,000,000 𝑙𝑙𝑙𝑙𝑙𝑙 𝑥𝑥0.55100 = 22,000 𝑙𝑙𝑙𝑙𝑙𝑙

Benzene in Premium Gasoline: 700,000 𝑙𝑙𝑙𝑙𝑙𝑙 𝑥𝑥0.57100 = 3,990 𝑙𝑙𝑙𝑙𝑙𝑙

Total Imported Benzene: 22,000 𝑙𝑙𝑙𝑙𝑙𝑙 + 3,990 𝑙𝑙𝑙𝑙𝑙𝑙 = 𝟐𝟐𝟐𝟐,𝟗𝟗𝟗𝟗𝟗𝟗 𝒍𝒍𝒍𝒍𝒍𝒍


Upstream Oil and Gas and TSCA CDR• Most products fully exempt

• Crude oils

• Natural gases

• Condensates

• Water

• If you do sell anything after any processing (aside from 3 phase separation), it could be reportable• Methane, ethane, propane, and butane


Evaluating Naturally Occurring Exemption• Chemical substances that are removed/isolated from nature by physical or

natural means are typically considered Naturally Occurring.

• Using water to extract a chemical substance from a naturally occurring substance is considered a natural means of removal.

• Using any other solvent is not considered a natural means of removal and would result in the extracted substance potentially reportable.


Chemical Processors and TSCA CDR• Vary greatly

• Petrochemical

• Ethanol plants

• Inventory reports

• Substance by substance determination


Tips and Tricks• CDX

• Verify accounts are current

• Plenty of time data entry

• Hotline can be very useful

• Verify accuracy of substance list and documentation

• Annual variations impacting substance list

• Check imports/exports

• Check storage tank contents

• Verify CBI status

• Annually Update CDR


Becca BradleyEnvironmental [email protected]

mailto:[email protected]

Date post:	10-Feb-2017
Category:	Education
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TSCA Chemical Data Report

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