Community Right-to-Know Reporting

1. Community Right-to-Know Reporting • MSDS Submittal • Tier Two • TRI (Form R)

2. Community Right-to-Know Reporting MSDS Submittal • Reference 40 CFR 370.20 - 21 • Hazardous Chemicals >=10,000 lb. * • Extremely Hazardous Substances >= 500 lb. Or the TPQ, whichever is lower * • Submit MSDS within 3 months of first reaching the threshold • Resubmit MSDS within 3 months of significant change in hazard information • Submit to SERC, LEPC & Local Fire Dept

3. Community Right-to-Know Reporting Tier Two • March 1 Annual Submittal • Hazardous Chemicals >=10,000 lb. * • Extremely Hazardous Substances >= 500 lb. Or the TPQ, whichever is lower * • Emergency Response Contacts • Submit to SERC, LEPC & Local Fire Dept • Over-Reporting in 2000 • Other State-Specific Requirements *

4. Community Right-to-Know Reporting TRI (Form R) • July 1 Annual Submittal • Applicability and Thresholds • Exemptions • Common Valmont Reportable Chemicals • Data Needs • Process and Schedule • Process Improvement • References *

5. Community Right-to-Know Reporting TRI (Form R) Applicability and Thresholds • Manufacturing and Other Sectors (specified by SIC code) • Greater than 10 Employees (20000 hours key) • Manufacture or Process >25,000# of Individual Listed Chemicals • Otherwise Use of >10,000# of Listed Chemicals • Lead Threshold at 100#

6. Community Right-to-Know Reporting TRI (Form R) Applicability and Thresholds (Cont.) • Key Definitions: • Manufacture = Cause its Import or you actually create the chemical (changing zinc to zinc oxide) • Process = preparing the chemical for distribution into commerce • Otherwise Use = you don’t manufacture or process it, but you use it on your site in a production process

7. Community Right-to-Know Reporting TRI (Form R) Important Exemptions • Articles Processed or Otherwise Used (no releases allowed)(e.g., parts that are repackaged and warehoused prior to distribution) • De Minimis Exemption for processed & otherwise used materials plus manufacturing impurities that remain in the product; does not apply to PBT chemicals (i.e., Lead)

8. Community Right-to-Know Reporting TRI (Form R) Important Exemptions (Cont.) • Certain “Otherwise Uses” • Structural Components • Janitorial and Facilities Maintenance • Personal Use by Employees • Motor Vehicle Maintenance • The “Otherwise Uses” exemption above cannot be taken for activities involving process-related equipment.

9. Community Right-to-Know Reporting TRI (Form R) Common Valmont Reportable Chemicals • Zinc Compounds • Lead • Chromium • Manganese • Nickel • Toluene • Xylene • MEK • MIBK • Glycol Ethers • Nitric Acid • Nitrates

10. Community Right-to-Know Reporting TRI (Form R) Data Needs • Chemical Usage and Concentration (total analysis or MSDS) • Waste Disposal Records and Analysis and Flow Records • Air Emission Inventories • Business Forecasting • McCook Example *

11. Community Right-to-Know Reporting TRI (Form R) Process and Schedule • Requested Data Before March 1 • Mitch Chained to Cubicle Until July 1 • Submitted to both State and EPA • Facility Data Profiles • Keep copy in your Form R records • Send to Mitch for review and correction of errors – watch time limit! • Records Retained Five Years

12. Community Right-to-Know Reporting TRI (Form R) Process Improvement • Automated Inventory Management • Automated Emission Calculations • Pollution Prevention • Env. Coordinator Review of New Products • Other?