MassDEP Issues Updated List of TURA Chemicals for 2019 Reply

Each company subject to the Toxics Use Reduction Act (TURA) needs to file annual reports by July 1st of each year, for chemicals manufactured, processed, or otherwise used during the previous calendar year. TURA reports are required for toxic substances listed in two federal laws: Section 313 of the Emergency Planning and Community Right to Know Act (EPCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund”).
A new complete list of chemicals subject to TURA reporting, along with reporting thresholds, is now available on the MassDEP website:
Here is a run down on what is new:
Nonylphenols category – DEP Code 1220
Nonylphenols are reportable for this year. The Nonylphenols category has been reportable under TURA since RY 2017 and under TRI since RY 2015.  The nonylphenols category includes these substances: 4-Nonylphenol, Isononylphenol, Nonylphenol, 4-Isononylphenol, 4-Nonylphenol, branched, Nonylphenol, branched. More about this chemical category can be found at: https://www.epa.gov/toxics-release-inventory-tri-program/addition-nonylphenol-category#additional-resources
Hexabromocyclododecane (HBCD) category – DEP Code 1240
HBCD category chemicals are reportable for this year (RY2018) and was reportable under TRI for RY 2017. The HBCD category includes hexabromocyclododecane and 1,2,5,6,9,10 hexabromocyclododecane. More information about this chemical category can be found at: https://www.epa.gov/toxics-release-inventory-tri-program/addition-hexabromocyclododecane-hbcd-category-tri-list-final
Nonylphenol Ethoxylates (NPEs) category – DEP Code 1046
NPEs will be reportable next year under TRI for RY 2019, and to TURA for RY 2020. Start keeping records for 2019. More information about this chemical category can be found at: https://www.epa.gov/toxics-release-inventory-tri-program/addition-npes-category-tri-list-final-rule and https://www.mass.gov/files/documents/2019/04/04/turachanges.pdf
The C1-C4 halogenated hydrocarbons/halocarbons not otherwise listed (C1-C4 NOL) category – DEP Code 1047
The C1-C4 NOL category will be reportable under TURA for RY 2019. Begin keeping records in 2019. C1-C4 NOL includes any chemical substance that has four or fewer carbons, at least one halogen, and only hydrogen as the other constituent, that are not already individually listed. This includes fully halogenated chemicals that contain no hydrogen. More information about this chemical category can be found at: https://www.mass.gov/files/documents/2019/04/04/turachanges.pdf

Please also be aware:
Many chemicals on the TURA reportable chemicals list are designated as PBT (persistent, bioaccumulative, toxic) or HHS (higher hazard substance). These chemicals have lower reporting thresholds, which are indicated in the TURA list.

If you have questions or need assistance with your TURA reporting, CAPACCIO has several TURPs on staff. Please contact Jill Vernes at jvernes@capaccio.com for more information.
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TRI FACILITIES – IMPORTANT INFORMATION ON CDX SHUT DOWN Reply

The important update pasted below was sent by the EPA to inform TRI filers that the Central Data Exchange (CDX) system will be shutting down for upgrades and maintenance starting at 6 a.m. on July 2. As you will not be able to submit your TRI information once the system goes offline, TRI facilities are being urged to submit their information early as it is a violation to submit or certify your forms late. Penalties can be significant. There are only 2 weeks to go before this shut-down occurs, so if you are in need of any TRI reporting assistance, please contact Colleen Walsh, CHMM, at CAPACCIO at 508-970-0033 ext. 129 or cwalsh@capaccio.com.

A certifying official must have an approved Electronic Signature Agreement (ESA) form in place before certifying and submitting TRI forms. If a new certifying official will certify TRI reporting forms for your facility, EPA recommends that the certifying official register with CDX and complete an ESA at least a couple of weeks before the July 1 deadline.

Email sent by the US EPA:

  • EPA’s Central Data Exchange (CDX) (where you submit your TRI information) will be shut down for upgrades and maintenance starting 6:00am July 2. So please submit and certify your TRI information as soon as possible. DO not wait until the last week to fill out and submit your forms or call the help line.  It is a violation to submit your forms late, and it is a violation to certify your forms late. Penalties can be significant.  Call the Central Data Exchange (CDX) helpline (888-890-1995) to confirm your electronic data transfer went through and the forms have been properly certified.

Here is the website for general TRI-ME web information:

http://www2.epa.gov/toxics-release-inventory-tri-program/tri-meweb-resources

Specific guidance on TRI-ME web reporting process is here:

http://www2.epa.gov/toxics-release-inventory-tri-program/tri-meweb-reporting-process

Additional guidance on TRI reporting can be found here:

http://www2.epa.gov/toxics-release-inventory-tri-program/reporting-tri-facilities

  • The process to electronically certify your forms is not straight forward. Please remember the electronic submission of your form must be finished by certification by your certifying official. If it has not been certified –  the data you just submitted electronically does not enter the system.  It may be a good idea to check your submission in eFDP

https://tri-epa.zendesk.com/hc/en-us/articles/212345657-Viewing-an-electronic-Facility-Data-Profile-in-TRI-MEweb

  • or call the CDX hotline to confirm the certification has gone through and everything has been correctly received.
  • Notification of no longer reporting – You can learn how to report that your facility is not reporting to TRI by viewing this tutorial. The TRI-MEweb application can now be used to report on your facility status with having to submit a Form R. All you need to have is a CDX user account and your access key to access your facility’s account.

https://www.epa.gov/sites/production/files/2016-04/entering_optional_facility_level_information-april22.swf

A facility can provide this information in TRI-MEweb or by emailing the TRI Data Processing Center (tridpc@epacdx.net). In TRI-MEweb the user would click the “My Facilities” tab and then click the “Provide Additional Info” button in the last column for the facility that wants to indicate it is not reporting for a particular reason (e.g., <10 FTE, activity fell below reporting threshold, etc.). For emailing the Data Processing Center, we recommend the person provide the name of the facility, ID for the facility (TRIFID), and a brief rationale.  We recommend facilities use the TRI-MEweb option, though either option works.

EPA contact for more information: Chris Rascher Environmental Engineer U. S. Environmental Protection Agency Region 1, OES 05-1 Boston, MA  02109 (617) 918-1834.

 

TRI and TURA—what’s new for RY 2015 Reply

There are several updates to US Environmental Protection Agency’s (US EPA) Toxic Release Inventory (TRI), also known as Emergency Planning and Community Right to Know Act (EPCRA) Section 313 and the Massachusetts Department of Environmental Protection’s (MassDEP) Toxics Use Reduction Act (TURA), both reports due July 1, 2016.

TRI updates:

New Reportable Chemicals – the Nonylphenol category has been added to the TRI list of reportable chemicals. If chemical thresholds are met, reporting forms for nonylphenol are due on the reporting deadline of July 1, 2016. Nonylphenol is highly toxic to aquatic organisms and has been found in natural waters. Nonylphenol is used in a variety of industrial applications and consumer products like detergents, emulsifiers, wetting agents, and defoaming agents. This chemical category includes the following chemicals:

4-Nonylphenol – CAS 104–40–5

Isononylphenol – CAS 11066–49–2

Nonylphenol – CAS 25154–52–3

4-Isononylphenol – CAS 26543–97–5

4-Nonylphenol, branched – CAS 84852–15–3

Nonylphenol, branched – CAS 90481–04–2

Publically Owned Treatment Works (POTW) improved search function – TRI-MEweb provides users the ability to search and add close proximity POTWs using a map-based interface, located in Section 6.1 of the reporting forms. The search criterion has been expanded to include and National Pollutant Discharge Elimination System (NPDES) IDs.

Withdrawal Comment Option – TRI-MEweb now provides the option to enter a comment when withdrawing a Reporting Form R, once a withdrawal reason code has been selected. This comment is located in Section 9.1 of the reporting form.  Facilities may request a withdrawal for one or several reasons, such as:

  • WT1 – Did not meet the reporting threshold for manufacturing, processing, or otherwise use
  • WT2 – Did not meet the reporting threshold for number of employees
  • WT3 – Not in a covered NAICS Code
  • WO1 – Other reason(s)

Multi-Part Reporting and Facility Management – TRI-MEweb in 2015 automatically creates parts for your facility, if your facility reported as a multi-part in the previous reporting year. It is also easier to manage you facility’s information by having the option to create, edit or delete facility information right from the My List of Facilities page.

TURA Updates:

NEW FORMS! The eDEP system is moving to a new easier-to-use web based forms that will be available in April. MassDEP will be releasing guidance on using the new forms, once they are available. Because of the new eDEP system, it is important to attend the TURA/TRI workshops. This year’s TURA/TRI workshops:

  • Thursday May 5, 2016… ATMC Conference Center, 151 Martine Drive, Fall River
  • Tuesday May 10, 2016… North Central Massachusetts Chamber of Commerce, 860 South Street, Fitchburg
  • Thursday May 26, 2016…  Mass. Mutual Ins. Learning & Training Center, 350 Memorial Drive, Chicopee
  • Thursday June 2, 2016… Parker River Wildlife Refuge, Headquarters Building, 6 Plum Island Turnpike, Newburyport

New Reportable Chemical – the Nonylphenol category has been added to the TRI list of reportable chemicals and thus, if reportable under TURA. If chemical thresholds are met, reporting forms for nonylphenol are due on the reporting deadline of July 1, 2016. See the TRI updates section above and here, https://www.epa.gov/toxics-release-inventory-tri-program/addition-nonylphenol-category for more information.

Start your tracking now – The following chemicals have been designated as higher hazard substances, effective calendar year 2016, for reports due July 1, 2017. The reporting threshold will be 1,000 pounds for any of the reporting categories including otherwise use, processed and manufactured. Therefore, it is important to begin tracking use, beginning in 2016 for filing your 2016 TURA report, due July 1, 2017:

  • n-Propyl Bromide (nPB), (1-Bromopropane) – CAS 106-94-5
  • Hydrogen fluoride – CAS 7664-39-3
  • Cyanide compounds – MassDEP Code 1016
  • Dimethylformamide (DMF) – CAS 68-12-2

Reporting under the Amnesty Policy– Applies to companies that are subject to the reporting and planning requirements of TURA that are not aware of the requirements, or those companies that have been reporting under TURA, but have unintentionally missed one or more  reportable chemicals. MassDEP is holding enforcement amnesty through June 30, 2016, which allows for companies to voluntary disclose past failure to file one or more TURA reports. During amnesty, companies must voluntarily report one or more previously owed TURA report(s) not earlier than calendar year 2011, and will be required to pay one year of past owed chemical use and administrative late fees. Companies who will be reporting for the first time under the Amnesty Policy will be required to prepare TUR plans and submit plan summaries/plan certifications by July 1, 2018.

If you require assistance, or for more information, please contact Chelsea Regan at cregan@capaccio.com.

 

Addition of Nonylphenol Category; Community Right-To-Know Toxic Chemical Release Reporting: Final Rule Reply

Following is an update from the EPA Superfund, TRI, EPCRA, RMP & Oil Information Center:

On September 30, 2014, the Environmental Protection Agency (EPA) published a rule to finalize the addition of a nonylphenol category to the list of toxic chemicals subject to TRI reporting under EPCRA Section 313 (79 FR 58686). EPA has determined that this category meets the EPCRA Section 313(d)(2)(C) toxicity criterion based on available ecological toxicity data. EPA listed the nonylphenol category as a delimited category defined by a list of chemical names and Chemical Abstract Service Registry Numbers (CASRNs) rather than by a chemical structure. This final rule is effective on September 30, 2014, and shall apply for the reporting year beginning January 1, 2015 (reports due July 1, 2016).

Additional information, including the final rule, is available at the following URL:

http://www2.epa.gov/toxics-release-inventory-tri-program/addition-nonylphenol-category-final-rule

For questions about this final rule or the TRI regulations in general, please contact EPA’s Superfund, TRI, EPCRA, RMP & Oil Information Center at:

(800) 424-9346 — Toll Free
(703) 412-9810 — Metropolitan DC area and international calls

To speak with an Information Specialist, please call between 10:00 AM and 5:00 PM, Monday through Friday, eastern time.

To speak with a specialist at CAPACCIO, please call Travis Wheeler at 508.970.0033 ext. 115 or twheeler@capaccio.com or Jill Vernes at 608,970.0033 ext. 136 or jvernes@capaccio.com.