New Jersey Department of Environmental Protection Office of Pollution Prevention and Right to Know Community Right to

1. New Jersey Department of Environmental ProtectionOffice of Pollution Prevention and Right to KnowCommunity Right to Know Workshop

2. Purpose of Community Right to Know (CRTK) • Increase community awareness of chemical hazards • Support and focus state/local planning activities • Support chemical accident and pollution prevention initiatives

3. SURVEYS DUE MARCH 1 EFFECTIVE REPORTING YEAR 2011, ALL SURVEYS MUST BE SUBMITTED ELECTRONICALLY WE WILL NO LONGER BE MAILING OUT SURVEY BOOKLETS

4. SURVEYS DUE MARCH 1 We will be offering an Electronic Reporting Hardship Exemption To apply for an Exemption you must complete a Community Right to Know Electronic Reporting Hardship Exemption Application which can be found at: http://www.nj.gov/dep/opppc/figdoc.htm

5. Who Must Complete a CRTK Survey • Employer as defined by the New Jersey Worker and Community Right to Know Act • Based on the North American Industry Classification System (NAICS) Codes • Required to submit a Survey even if no hazardous substances present* * Certain exemptions apply

6. Who Must Complete a CRTK Survey Federal – Emergency Planning and Community Right to Know Act (EPCRA) Any facility, regardless of industry sector, if hazardous substances are present above threshold quantities

7. What Must Be Reported New Jersey • Hazardous substances on the NJ CRTK EHS list • Typically, 500 pound threshold Federal • Any hazardous substance or product for which a Material Safety Data Sheet (MSDS) is required per the OSHA Hazard Communication Standard • Typically 10,000 pound threshold New Jersey and Federal • Extremely Hazardous Substances (EPCRA Section 302) • Threshold Planning Quantity (TPQ)

8. What Must Be Reported

9. Community Right to Know Reporting Exemptions • Facilities that previously reported as a Non-User or User Below Threshold of environmental hazardous substances (EHS’s) • Employers within an Exempt NAICS Subcategory • Unstaffed Sites (cell towers, well stations, switching boxes, etc.) unless EPCRA reporting thresholds are met or exceeded • Employers if all locations in NJ perform Administrative functions only

10. Community Right to Know Reporting Exemptions • Can be exempt only after initial submittal of CRTK Survey indicating such status* • Must notify NJDEP if change in status • NJDEP conducts periodic, random, inspections to verify status *For Non-Users, Users Below Threshold, and Unstaffed Sites, notification must be made on or after January 1, 2005

11. Community Right to Know Reporting Exemptions • EHS’s present, in aggregate, below threshold quantities • EHS’s at facilities, or portions of facilities, used primarily for research and development (R&D) • Must obtain a CRTK R&D Laboratory Exemption from NJDEP • EHS’s that are an integral part of the facility structure or furnishings • EHS’s that are, or are contained, in personal property for the personal use of employees

12. Community Right to Know Reporting Exemptions • EHS’s present as a solid in any manufactured item formed into a specific shape or design during manufacture to the extent that exposure to any EHS does not occur under normal conditions of use. • Does not include Saran, PVC and Lopac • EHS’s comprising 1% or less of a mixture, or 0.1% if the EHS is carcinogenic as defined at 29 CFR 1910.1200 (d)4 of the OSHA Hazard Communications Regulation • EHS’s contained in ammunition on the person of security personnel

13. Threshold Determinations • Determine if EHS present at any time during the reporting year • All occurrences of a EHS must be aggregated to determine if the threshold has been exceeded • If threshold exceeded, all occurrences of EHS must be reported • Solids • Only the quantity of an EHS in fume or dust from a solid piece of material being modified needs to be calculated for threshold determinations • Do not include the weight of the entire material being modified

14. Threshold DeterminationDan’s Manufacturing Company Company has 200 gallons of degreasing solvent. Material Safety Data Sheet (MSDS) Shows it contains 40% benzene, 20% toluene and 10% xylene Convert gallons to pounds using density of solvent from MSDS 200 gal X 8lbs/gal = 1,600 pounds of solvent • 1,600 X 0.40 = 640 pounds of benzene • 1,600 X 0.20 = 320 pounds of toluene • 1,600 X 0.10 = 160 pounds of xylene Only report benzene since the 500 pound threshold is exceeded

15. Threshold DeterminationDan’s Manufacturing Company Company has 10 gallons of paint and 15 gallons of solvent. MSDS shows the paint contains 15% toluene and the solvent 20% toluene Convert gallons to pounds using density of solvent from MSDS 10 gal X 8lbs/gal = 80 pounds of paint • 80 pounds X 0.15 = 12 pounds of toluene in the paint 15 gals X 8 lbs/gal = 120 pounds of solvent • 120 X 0.20 = 24 pounds of toluene in the solvent Aggregate the quantities of toluene • 12 pounds + 24 pounds = 36 pounds total of toluene Less than 500 pounds, do not need to report toluene

16. Threshold DeterminationDan’s Manufacturing Company Facility has 2,000 cubic feet of methane in liquid form and 1,000 cubic feet of chlorine as a gas. Convert cubic feet to pounds* • Methane • 2000 ft3 X 26.3 pounds/ft3 = 52,000 pounds of methane • Chlorine • 1,000 ft/3 X 0.200 pounds/ft3 = 200 pounds of chlorine • Quantity of methane exceeds the 500 pound threshold and the quantity of chlorine, an extremely hazardous substance, exceeds the 100 pound threshold * Conversion table found in CRTK Guidance Document – http://www.nj.gov/dep/opppc/crtk/figdoc.htm

17. Threshold DeterminationDan’s Manufacturing Company Company is cutting a 8,000 pound piece of steel that contains 20% chromium. They estimate that approximately 30% of the steel is being generated as dust from the cutting operation. • 8, 000 pounds X 0.20 = 1,600 pounds of chromium • 1,600 pounds X 0.30 = 480 pounds of chromium • Quantity of chromium in the dust does not exceed the 500 pound reporting threshold

18. Multiple Occurrences of EHS • May be grouped as one entry if: • Same container type • Same storage conditions • Pure/mixture • Solid/liquid • All hazards must be listed • If any of the above criteria differ, EHS must be listed separately

19. Special Reporting Requirements • Diesel fuel, #2 heating oil, gasoline, kerosene, petroleum oil and waste oil • Reportable if present in quantities of 10,000 pounds or greater • Can use 7 pounds/gallon to convert from gallons to pounds • A quantity of 1, 429 gallons or greater would exceed the 10,000 pound threshold • Do not need to identify EHS constituents • Alternative Fuel • Reportable if contains more than 10% ethanol and present in quantities of 10,000 pounds or greater

20. Special Reporting Requirements • Wastes • Reportable if EHS present elsewhere at the facility at or above the reporting threshold • Do not include quantities of waste in threshold determinations • Combine reporting of EHS in wastes and non-wastes to determine inventory if stored in the same container type • If the waste contains a mixture of EHS’s report it as “Haz Waste, N.O.S. (only if EHS reported)”

21. Special Reporting Requirements • Quality Assurance Labs • Small samples of EHS’s that are present elsewhere at or above reporting threshold • Group and report as one entry • “Substance Samples (only if EHS is reported)” • If stored in same contained, enter container code • If stored in multiple containers, enter “OT” for other • Use substance number 3628

22. New Reporting Requirements Effective Reporting Year 2011 • USEPA added 16 substances to the TRI list of reportable substances • These substances automatically added to the CRTK EHS List • 500 pound threshold

23. Substance Name 1-Amino-2,4 dibromoanthraquionone 2,2 bis(Bromomethyl) – 1,3 propenediol Furan Glycidol Isoprene Methyleugenol O-Nitromethane Nitromethane Phenolphtalein Tetrafluoroethylene Tetranitromethane Vinyl Flouride Chemical Abstract Service (CAS) # 81-49-2 3296-90-0 110-00-9 556-52-5 78-79-5 93-15-2 91-23-6 75-52-5 77-09-8 116-14-3 509-14-8 75-02-5 New Reporting Requirements Effective Reporting Year 2011

24. Polycyclic Aromatic Compounds (PACS)* 1,6 Dinitropyrene 1,8 Dinitropyrene 6 - Nitrochysene 4- Nitropyrene Chemical Abstract Service (CAS) # 42397-64-8 42397–65- 9 7496-65-9 57835-92-4 New Reporting Requirements Effective Reporting Year 2011 * Report as PACS and not has individual substances. 500 pound threshold applies to the aggregate quantity of all PACS present.

25. New Reporting Requirements Effective Reporting Year 2011 Range 22 - 10,000,000 Pounds or Greater Range 21 – 1,000,000 to 9,999,999 Pounds Range 20 – 500,000 to 999,999 Pounds Range 19 – 100,000 to 499,999 Pounds Range 18 – 50,000 to 99,999 Pounds Range 17 – 25,000 to 49,999 Pounds Range 16 – 10,000 to 24,999 Pounds Range 15 – 5,000 to 9,999 Pounds Range 14 – 2,500 to 4,999 Pounds Range 13 – 1,000 to 2,499 Pounds Range 12 – 500 to 999 Pounds Range 11 – 100 to 499 Pounds Range 10 – 10 to 99 Pounds Range 9 – 1 to 9 Pounds

26. Distribution of the CRTK Survey • Original to NJDEP (Electronically) • Local Fire Department (Printed Copy) • Local Police Department (Printed Copy) • County Lead Agency (Printed Copy) • Local Emergency Planning Committee (Printed Copy) • Employer’s file copy (Printed Copy)

27. Office of Pollution Prevention and Right to Know 609-777-0518 609-292-6714 http://www.nj.gov/dep/opppc

28. Questions?