TSCA Compliance Best Practices

Transcription

1 TSCA Compliance Best Practices Bonita G. Reynolds November 20, 2017

2 Objectives 1. SHARE proven best practices 2. MAKE the case for establishing and maintaining a TSCA Compliance program 3. PROVIDE an outline for a TSCA Compliance Manual and other documentation

3 In general: 1. Stay informed, well connected, and compliant 2. Create a compliance culture 3. Document your program 4. Count the costs 5. Self assess/audit routinely 6. Do not delay 7. Manage change

4 TSCA Compliance Program Make it a way of life!

5 The Program: 1. Company compliance policies 2. Guiding principles 3. Trained, engaged/empowered personnel 4. Comprehensive/communicated plans 5. Protected products 6. SMART protocols, processes, procedures 7. Reliable platforms 8. Relevant Perspectives 9. Timely preparation 10. Managed pain points

6 Intelligent Compliance: 1. Be savvy about the law and its impact on your business define and maintain your TSCA profile 2. Seek and secure buy-in company wide from Cleaner to CEO 3. Make TSCA Compliance a budget line item, or more 1. Human, literature, training, travel 2. Compliance efforts including feed 4. Maintain a robust TSCA Compliance program 1. Written 2. Audit ready 3. Covering activities from dock to dump, shower to Wall St. 4. Mirroring the Statute focusing on which parts are applicable

7 Sustainable Progress: 1. TSCA is the premier chemical management law in the USA difficult to escape, bad business to ignore. 2. TSCA Compliance impacts the health and wealth of your business. 3. TSCA compliance, while complex, is completely doable. 4. Non-compliance is costly fines, bans/restrictions, damage to your brand, other 5. TSCA Compliance, when effective, is a value proposition

8 A safer world: Made so by policies : Corporate commitment Include statement of purpose, quality goals, due diligence, responsible care Departmental goals S.M.A.R.T. Complete with roles and responsibilities Personal responsibility Each stakeholder to acknowledge his/her own part to play and principles: 1. That compliance is good business, it is a value proposition 2. That compliance is part of the fabric of our lives 3. That ignorance is no excuse, and knowledge is power

9 People trained and authorized: Upper Management Coordinators Specialists CDX Submitter roles: AO, TC Consultants Contractors Others: Purchasing, Production, Customer Service, R&D, Salespersons, Shipping and Receiving Every employee

10 Proactive plans: Know your compliance burdens and allowances Ensure the persons with relevant expertise are assigned to tasks and functions Keep processes simple, but documented Ensure procedures are complete, current and communicated Compile and maintain your own Inventory Protect your CBI, designate sanitization conventions Keep in touch with EPA, Industry, legal team, Consultants, Suppliers, trade brokers, Customers

11 Products: identify them by chemistry and function/use Raw Materials = components/ingredients/base chemicals Intermediates Finished Products Naturally occurring Pure vs. Mixtures vs. reacted products Polymers Articles R&D Reagents/processing aids Impurities and by-products

12 Your own Inventory: Categorize by how regulated by TSCA and status! Listed, active, inactive Exempt Regulated - 4, 5, 6, 8, 12, 13, SNUR, hi/lo priority CDR reportable Manufactured, imported, tolled, processed, distributed, how disposed Keep current on a retrievable spreadsheet, or database Maintain a catalog of supporting documentation: 8b Searches, CAS RN results, certifications, notifications, tests, studies, P2 Modeling, PNCs, letters to and from EPA, supplier questionnaires, Self Assessment / Audit Findings, training Submissions to EPA SDS and Labels CBI Federal Register notices

13 Preparation/platform: Maintain a posture of preparedness people, products, records, site Ensure records are retrievable Practice for audit readiness Designate a host/ spokesperson Self disclose if necessary, under strict protocol Host a reliable platform- Simple to complex Training formal and on the job EPA CDX presence roles and IDs

14 Perspectives: 1. Owners, Executive Board, Shareholders 2. Functional importer/manufacturer; processor; 3. Supporting R&D, Production, Purchasing, Marketing, Waste Management 4. Knowledge Managers 5. Advocates and Consultants 6. Analysts 7. Those who prepare submissions 8. Every stakeholder 9. Customers and downstream users 10. Competitors

15 Management of Change Products formulations, uses, sites, where distributed, how notified Processes internal and external especially any submitted and binding adhere to record keeping/retention schedules Documents current and consistent Persons responsible in supply/value chain purchasing to disposal People trained in the workflow Statutory rules and requirements

16 TSCA Compliance Manual Write it down!

17 The Manual: 1. Title page 2. Dates and Signatures of Preparers 3. Table of contents 4. Policy statements corporate, purpose 5. Applicable sections of the statute 6. Definitions and 40 CFR references 7. Your Inventory and TSCA Status 8. Training, Roles and Responsibilities, functions and tasks 9. Affiliations and contacts 10. SOPs 11. Calendar 12. Documents templates and examples 13. Attachments and links to supporting documentation

18 Other looks for a Manual: Who, what, which, whom, when, why, how, how many, how not, where The Regulation, its rules, its requirements, relevant parts, references, roles and responsibilities, records, Reform Make the Manual a part of your Product Stewardship Portfolio

19 Practical considerations: Do you have a written program? Has it been tested or audited? How often do you review and update? Have you updated for CDR, TSCA Reform? What are funds needed for this endeavor? What are the risks involved? What misconceptions do you harbor about TSCA Compliance?

20 Q A Thank You!