Workshop EE. Chemical Inventory Reporting Centralizing Calculations to Enhance Compliance. Wednesday, March 28, :00 a.m. to 9:15 p.m.

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1 Workshop EE Chemical Inventory Reporting Centralizing Calculations to Enhance Compliance Wednesday, March 28, :00 a.m. to 9:15 p.m.

2 Biographical Information Patrik H. Eskandari, Environmental Engineer Magna Exteriors, Norplas Industries Inc Caple Blvd., Northwood, OH Fax: Patrik began his career as a co-op with General Electric in Bucyrus, Ohio in 2013 where he developed a background of process optimization and waste reduction initiatives in the fluorescent lighting industry. Upon graduation, Patrik transitioned into automotive surface coatings as a Process Engineer with Norplas Industries, located just outside of his hometown of Toledo, Ohio. As a Process Engineer, Patrik applied his background of process optimization towards continuous improvement of Norplas solvent-borne paint operations. In 2016, after supporting his facility s ISO 14001:2015 recertification, Patrik joined Norplas EH&S team as the Environmental Engineer. Patrik s initial responsibility was redesigning the data collection and reporting methods related to the facility s Title V permit, culminating in the development of a centralized chemical database for Title V, TRI, RCRA, and corporate-specific reporting. Patrik is a graduate of The University of Toledo with a B.S. in Chemical Engineering, a member of the American Academy of Environmental Engineers and Scientists, and is a registered Engineer Intern in the State of Ohio working towards professional licensure. Jarod Gregory, Consultant, Trinity Consultants 1717 Dixie Hwy. S. Ste. 900, Covington, KY ext. 105 jgregory@trinityconsultants.com Jarod Gregory is a Consultant in Trinity Consultants Greater Cincinnati/Northern Kentucky office. He provides a wide array of support and solutions to both Kentucky and Ohio clients including state and federal air quality permitting, NSPS and MACT compliance assistance, emission inventory development, and TRI reporting. He focuses primarily on air quality support for the chemical manufacturing and refining industries. He holds a B.S. in Chemical Engineering and M.S. in Environmental Engineering from the University of Cincinnati.

28, 2018 Patrik Eskandari, Environmental Engineer Magna Exteriors /

3 Workshop EE: Best Practices for Chemical Inventory Reporting Centralizing Calculations for Enhanced Compliance Assurance March 28, 2018 Patrik Eskandari, Environmental Engineer Magna Exteriors / Norplas Industries Inc. Jarod Gregory, Senior Consultant Trinity Consultants

4 Introduction Patrik Eskandari Environmental Engineer Experience developing and implementing centralized chemical database in automotive surface coatings B.S. Chemical Engineering University of Toledo Based out of Norplas Industries, a division of Magna Exteriors in Northwood, OH

5 Introduction Jarod Gregory Senior Consultant Experience serving a wide range of industries and clients across Kentucky and Ohio Performed chemical inventory assistance for chemical manufacturing clients in multiple states B.S. Chemical Engineering & M.S. Environmental Engineering University of Cincinnati Based out of Trinity s Greater Cincinnati office in Covington, KY

6 Presentation Agenda Tier II Reporting Emergency Planning Notification Toxics Release Inventory (TRI) Risk Management Plan (RMP) Compliance Concerns Case Studies & Industry Example

7 Emergency Planning and Community Right-to-Know Act (EPCRA)

8 Applicability Federal Regulation 40 CFR 355 (Section 302 of the federal act) The notification requirements for an amount of an extremely hazardous substance (EHS) equal to or greater than the threshold planning quantity (TPQ) Federal Regulation 40 CFR 370 (Sections 311/312 of the federal act) The requirements apply to any facility that is required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act. The Tier I and Tier II report Federal Regulation 40 CFR 372 (Section 313 of the federal act) The Toxic Release Inventory (TRI) report OAC 3750 (ORC 3750) The reporting procedures for persons and businesses in Ohio to comply with the state and federal EPCRA (except for TRI)

9 Implementation of EPCRA in Ohio State Emergency Response Commission (SERC) Made up of 9 different state agencies including Ohio EPA Local Emergency Planning Committees (LEPC) Each emergency planning district Each county has been designated as its own emergency planning district, with the exception of Montgomery and Greene Counties who combined their planning efforts. SERC appoints LEPC members to two (2) year terms of office.

11 SARA TIER I / TIER II EPCRA Section 312

12 General Reporting Requirements under Tier II Applicability Facilities that manufacture, handle, use, or store any hazardous material in excess of the threshold quantity Any facility, transportation-related operation or transport vehicle from which a reportable release occurs All surface and subsurface related modes of hazardous materials transportation

13 General Reporting Requirements under Tier II Inventory Reporting TQ [40 CFR 370, Subparts B & C & OAC ] Any material for which the facility maintains a SDS to comply with OSHA regulations and is present in amounts of 10,000 lbs or more on a single day EHS listed in 40 CFR 355, Appendix A present onsite on a single day in amounts of 500 lbs or more Some lower threshold quantities apply To determine whether an EHS threshold quantity has been met, include the total present in pure form, as well as in any mixture, even if the mixture is also being reported as a separate hazardous chemical

14 Emergency Planning and Notification Section 302

15 Emergency Planning and Notification (40 CFR 355, Subpart B) Applicability Any amount of an EHS greater than or equal to the TPQ (40 CFR 355, Appendix A & B) Designated by Governor, SERC, Indian Tribe [ORC ] Notification due within 60 days after a facility first becomes subject to the requirements Notification necessary for the development and implementation of state and local emergency response plans

16 EHS Aggregation You must aggregate the amounts of each EHS at your facility at any one time to determine if a TPQ is present For each EHS, add together the quantity of pure EHS, and the quantity contained in all mixtures, regardless of location, number of containers, or method of storage. Do not have to count an EHS in a mixture if the concentration of that EHS is less than or equal to 1%

17 Emergency Planning / Tier II Calculations EHS Mixtures How to report the total quantity of EHS in mixtures Example: A facility has 15,000 pounds of a hazardous chemical mixture which contains 6,000 pounds of sulfuric acid, an EHS The facility may report this mixture on the Tier II form as a mixture since it is above the reporting threshold of 10,000 pounds for a hazardous chemical However, the facility must also add the 6,000 lbs of sulfuric acid in this mixture to the total quantity of sulfuric acid present throughout the facility when determining whether there is sufficient amount to report sulfuric acid as an independent EHS

18 Emergency Planning / Tier II Calculations Non-EHS Mixtures Determining the quantity of a non-ehs chemical component of a mixture. Example: Mixture A (15,000 of X + 10,000 of Y = 25,000 lbs total for mixture) and Mixture B (10,000 of X + 5,000 of Y = 15,000 lbs total for mixture) If a facility has mixtures containing non-ehs chemicals X and Y may either: Report as Mixture A and Mixture B or; Report 25,000 lbs of chemical X and 15,000 lbs of chemical Y

19 Toxic Release Inventory (TRI) EPCRA Section 313

20 Toxics Release Inventory (TRI) Annual report for each EPCRA Section 313 chemical exceeding an activity threshold Manufacture (25,000 lbs) Process (25,000 lbs) Otherwise Use (10,000) Persistent, Bioaccumulative and Toxic (PBT) compounds have lower thresholds

21 Threshold Guidance - Combustion Section 313 chemicals coincidentally manufactured must be considered towards the manufacturing threshold Includes acid aerosols and metal compounds manufactured as by-products of fuel combustion

22 Exemptions (1/2) De minimis applies to: Non-PBT chemicals in mixtures Processed or otherwise used Only 2 manufacturing activities: Coincidentally manufactured as an impurity remaining in product Imported in mixtures Concentration in mixture < 1% by weight Concentration <0.1% by weight (OSHA carcinogen) Not required to include in threshold determinations, release, or other waste management determinations

23 Exemptions (2/2) De minimis does not apply to: Manufacturing chemicals (in most cases) Manufacturing chemicals as by-products Wastes received from off-site PBT chemicals Once the limit has been met, the exemption cannot be claimed

24 Determine Thresholds Step 1: Determine the quantity in inventory on January 1 Step 2: Determine the amount purchased/manufactured in that year Step 3: Determine the quantity in inventory on January 1 of the next year Step 4: Determine TOTAL quantity manufactured or purchased in that year: (1) + (2) (3) = (4) Step 5: Classify each chemical into categories of manufacture, process, or otherwise use Step 6: Compare to reporting thresholds for each category Thresholds are based on weight in pounds except for dioxin and dioxin-like compounds

25 Maximum On-Site Amount Select appropriate range code indicating the maximum quantity on-site during the reporting year (Section 4) Use maximum total (non-exempt) amount present at one time during reporting year Based on amount in storage, in process, and in wastes Maximum amount on-site may differ from the Tier II (EPCRA 312) reported maximum amount on-site Tier II is usually by mixtures, Form R is chemical-specific Tier II excludes hazardous wastes and releases, Form R does not

26 Risk Management Plan (RMP) 40 CFR Part 68

27 RMP Applicability Owner or operator of a stationary source With a quantity of a regulated substance with mass > or = to the its TQ 77 Toxic Compounds TQs of 500 to 20,000 lbs in a process 63 Flammable Compounds TQs of 10,000 lbs in a process At a concentration > or = to the following: 1% by weight or greater or At or above a chemical-specific concentration In a single process ** Except for certain exemptions

28 RMP Threshold Quantities Aggregation Substances are never aggregated to determine whether a threshold quantity is present. For example, if a process consists of co-located vessels with different toxic substances, you must determine whether each substance exceeds its threshold quantity. Mixtures For toxic substances, only the weight of the listed toxic is counted towards the TQ For flammable substances, the entire weight of the mixture is counted if a flammable mixture meets the criteria for NFPA-4

29 RMP Process & Co-Location RMP Process definition [40 CFR 68.3] any activity involving a regulated substance including any use, storage, manufacturing, handling, or on-site movement of such substances, or combination of these activities. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located such that a regulated substance could be involved in a potential release, shall be considered a single process.

30 RMP Exemptions (1 of 2) Regulated substances are exempted from TQ determination when they are in Gasoline when in distribution or related storage for use as fuel [68.115(b)] Fuel used on site or held for sale as a fuel at a retail facility [68.126] Naturally occurring hydrocarbon mixtures prior to entry to NG processing or petroleum refining process units [68.115(b)] Condensate, crude oil, field gas, produced water [68.3] Ammonia used as an agricultural nutrient [68.125] Articles and some lab activities [68.115(b)]

31 RMP Exemptions (2 of 2) Concentrations in a mixture [40 CFR (b)(1)] Except for oleum and TDI, if the concentration of the regulated substance in the mixture is one percent or greater by weight, but the owner or operator can demonstrate that the partial pressure of the regulated substance in the mixture (solution) under handling or storage conditions in any portion of the process is less than 10 mm Hg.

32 Compliance Concerns & Case Studies

33 Compliance Concerns TRI Max On-site Miscalculating Max On-site for TRI The maximum on-site value for TRI includes all of the chemical on-site at a given moment If you trigger for otherwise using xylene, your maximum onsite must still include all xylene in raw materials, manufactured materials, combustion by-products, etc. The amount of xylene on-site must include all xylene being released to the air and released as waste at a specific moment along with the amount stored in raw materials, intermediate products, and final products

34 Compliance Concerns TRI Max On-site Comparing TRI Max On-site to RMP Threshold The maximum on-site value for TRI may exceed the corresponding RMP threshold for that chemical and not trigger RMP The RMP threshold is for the amount of a chemical in a process not facility-wide The TRI de minimis value could be less than RMP threshold (e.g., formaldehyde is 0.1% for TRI but 1.0% for RMP) The compound is under a chemical-specific RMP composition (e.g., < 20% ammonia) DOCUMENT! Extensively document an RMP determination to preemptively answer potential EPA questions

35 Compliance Concerns Tier II Applicability Comparing Tier II to RMP Similarly to TRI, Tier II does not require all of the same criteria to determine RMP applicability The thresholds in Appendix A to 40 CFR 355 (Tier II) and 40 CFR (b) (RMP) aren t necessarily identical RMP is per process and not facility-wide RMP has various exemptions DOCUMENT! Extensively document an RMP determination to preemptively answer potential EPA questions

36 Compliance Concerns SDS Ranges (1 of 2) Hydrochloric Acid Concentration Range Straddles 34-38% Tier II guidance calls for using the upper bound of the SDS range for TQ calculations (i.e., 38%) For RMP, using the upper bound of the SDS range would result in needing to report (if above the TQ) Mitigate Risk on the Front-End Assume a worst case 38% and include in RMP, or Retain documentation from vendor that the HCl is not >= 37% and implement safe-guards to avoid triggering

37 Compliance Concerns SDS Ranges (2 of 2) SDS Range of 0.60% to 1.20% Tier II guidance calls for using the upper bound of the SDS range for TQ calculations (i.e., 1.2%) TRI guidance calls for using the average SDS value (i.e., 0.9%) Does this mean that the chemical in question meets the de minimis exemption? No- TRI guidance would suggest that 33% of the mixture is not exempt, and would be assessed at 1.10% (i.e., the average of 1.00% and 1.20%).

38 Case Study #1 (1 of 3) Batch Chemical Facility Tier II program lead (procurement) manages SDS and is generally tied into changes in raw materials RMP program lead (safety) works with Tier II lead to make sure that any seemingly minor changes in process chemistry affects their program TRI program lead (environmental) uses a legacy calculation spreadsheet and keeps the spreadsheet mostly stagnant due to relative stability in types and quantities of products

39 Case Study #1 (2 of 3) Batch Chemical Facility Procurement orders Compound A on an ongoing basis as-need for polymer production Historically, the site has ordered from Vendor Y but now Vendor Z offers a lower price The bromine composition of Compound A switched from 0.5% to 1.0% to 0.8% to 1.4% when purchased from Vendor Z. RMP triggered immediately upon receipt of Compound A from Vendor Z due to quantity, and TRI reporting will be required

40 Case Study #1 (3 of 3) Batch Chemical Facility In this case, only the TRI program lead was out of the loop and failed to report bromine Recommendations SDS Management Improvement One spreadsheet/database/software tool that includes manual input of the minimum, maximum, and average compositions of all chemicals Any changes captured by any one chemical inventory program should be relayed to all others, at a minimum

41 Case Study #2 (1 of 2) TRI Data Implicating Other Programs Client A calculates lead emissions of > 0.5 tpy for TRI based on AP-42 emission factors Contacted by EPA and state agency regarding the need for intensive on-site monitoring to show compliance with the NAAQS Initiated a large-scale effort to reduce calculated lead emissions by performing stack testing, fugitive dust sampling, air emissions modeling, etc. in order to prove to EPA that monitoring was not necessary

42 Case Study #2 (2 of 2) TRI Data Implicating Other Programs Recommendations Institute quarterly (or more frequent) meetings/conference calls to ensure that chemical inventory reporting doesn t exist in a bubble or separate from other environmental calculations Complete TRI calculations with plenty of lead time before the deadline so that any inconsistencies, red flags, etc. can be managed (if possible)

43 Case Study #3 (1 of 3) Reality Checks Facility conducts a re-sampling of baghouse dust every 5 years Various metallic HAP compound compositions were downgraded by as much as 90% TRI program lead was made aware of the new data and made the corresponding changes to the baghouse dust waste stream that was sent off-site during the year TRI program lead did not use that information to update releases from the baghouses and misreported for several years

44 Case Study #3 (2 of 3) Reality Checks Raises a red flag for EPA and state agency to assess calculations regarding all chemical inventory programs as well as emissions inventory Before that could happen, this facility was included as part of an exposé in a major national newspaper regarding the dangers of and highest emitters of a particular metallic HAP compound Needless to say, this became an enormous issue for the environmental department all the way up through corporate/legal

45 Case Study #3 (3 of 3) Reality Checks Even a minimal level of communication or collaboration could have completely prevented this problem Recommendations In the best case scenario, calculations made from various programs should be inherently incorporated into a centralized location At a minimum, pull in resources to provide an extra level of review and reality check they re often sitting right down the hall!

46 Industry Example (1 of 4) Spreadsheet Method Software Microsoft Excel Workbook Inputs 1. Title V Source Data 2. Facility Usage Data 3. Waste Data 4. Waste Manifests 5. Title V Results - Monthly VOC Recordkeeping - Monthly HAP Recordkeeping - Annual TRI Workbook - Annual Waste Streams Data Manual manipulation of excel workbooks and data tables on a monthly and yearly basis Output Manually-written federal, state, and corporate reports FOR REFERENCE ONLY Not intended for regulatory purposes

47 Industry Example (2 of 4) Database Method Software Inputs 1. Title V Source Data 2. Facility Usage Data 3. Waste Manifests Centralized MS Access Database - Dedicated User Interface - VOC/HAP/313 Contents - Waste Profiles Pre-programmed emission and release calculations coded in Select Query Language (SQL) Output Near-automated federal, state, and corporate reports FOR REFERENCE ONLY Not intended for regulatory purposes

48 Industry Example (3 of 4) Database Method Pros Cons Reports can be pre-formatted and query the database for required values Visual engines like Access make databases more accessible to newcomers Not limited by Excel s import/export capacity, allowing for integration with more robust data sources (e.g., PLC records) All calculations are programmed such that human error is eliminated Initial implementation is time-consuming Requires a general understanding of computer coding syntax

50 Recommendations Summary Document, Document, Document! Always assume that someone with little knowledge of your processes is going to need to read and understand any chemical inventory determinations Manage your SDS in a centralized location that will safe-guard against inadvertent compliance concerns Cross-check your programs against others that are completed on-site Conduct quarterly (or more!) meetings among program leads Centralize calculations that are applicable to multiple programs for maximum efficiency and consistency Consider a site-specific spreadsheet/database/software solution for automating threshold calculations where possible

51 Questions?

Achieving Regulatory Chemical Compliance: Strategies & Approaches that Reduce Risk & Lower Costs

Achieving Regulatory Chemical Compliance: Strategies & Approaches that Reduce Risk & Lower Costs Presented by: Laura Casey Anne Sefried Sponsored By: Wednesday, August 18, 2013 2:00 p.m. to 3:00 p.m. Eastern