Handbook of Solvents - George Wypych - ChemTech - Ventech!

14.10 Food industry 933
14.10.2.2.4 Emergency Planning and Community Right-to-Know Act (EPCRA; 42
U.S. Code 11001 et seq.)
Enacted as Title III of the 1986 Superfund Amendments and Reauthorization Act
(“SARA”), the Act mandates the EPA to monitor and protect communities regarding releases
of chemicals into the environment. It requires states to establish emergency planning
districts with local committees to devise plans for preventing and responding to chemical
spills and releases. [“Superfund” is the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) of 1980 that gives the U.S. EPA authority to force
those responsible for hazardous waste sites or other releases of hazardous substances, pollutants,
and contaminants to conduct cleanup or other effective response actions.]
Section 304 (40 CFR 355.40): Facilities are subject to state and local reporting for accidental
releases, in quantities equal to or greater than their reportable quantities (RQ), of
extremely hazardous substances (EHS) or CERCLA hazardous substances (40 CFR 302,
Table 302.4) under Section 304. n-Hexane, cyclohexane, acetone, and some of the other
solvents discussed are CERCLA hazardous substances and have CERCLA RQ for spills
(Table 14.10.5).
Section 311, 312 (40 CFR 370.20-.21): Business must make MSDSs, for chemicals
that are required to have an MSDS, available to state and local officials. Since all of the solvents
discussed require MSDSs under the OSHA HCS, all are covered by these requirements.
Section 313 (40 CFR 372), Toxic Release Inventory (TRI): Businesses are required to
file annual reports with federal and state authorities of releases to air, water, and land above
a certain threshold for chemicals on the TRI/Section 313 list (40 CFR 372.65) by July 1 each
year for the previous year’s releases. 21 TRI requirements are triggered if a facility is involved
in manufacturing with 10 or more full-time employees, manufactures, processes, or
otherwise uses with one or more listed substance(s) in a quantity above the statutory reporting
threshold of 25,000 lbs./yr (manufactured or processed) or 10,000 lbs./yr (otherwise
used). Beginning with the 1991 reporting year, such facilities also must report pollution
prevention and recycling data for such chemicals pursuant to Section 6607 of the Pollution
Prevention Act (42 U.S. Code 13106).
n-Hexane was added to the TRI list in 1994 with reporting for 1995 emissions. 19 The
other solvents discussed are not on the TRI list. The EPA can add new chemicals to or delete
chemicals from the TRI list as it deemed necessary and any person may petition the EPA to
add chemicals or delete chemicals from the list.
14.10.2.2.5 Toxic Substances Control Act (TSCA; 15 U.S. Code 2601 et seq.)
If a chemical’s manufacture, processing, distribution, use, or disposal would create unreasonable
risks, the U.S. EPA, under the TSCA, can regulate it, ban it, or require additional
testing. TSCA mandates the U.S. EPA to monitor and control the use of toxic substances by
requiring the Agency to review the health and environmental effects of new chemicals [referred
to as “Premanufacturing Notice” or “PMN”; Section 5(a)(1) of TSCA] and chemicals
already in commerce. The U.S. EPA also has Significant New Use Rules (SNUR) under
Section 5(a)(2) of TSCA which provides a way for the U.S. EPA to restrict uses of a chemical
substance already in commerce that are proposed for new uses. All of the solvents discussed
are already commercially available, so a PMN would not apply; some could be