January 29 --  Welcome to the latest issue of 3E HazMat Matters. We hope everyone had a very happy holiday season and is off to a productive New Year!

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In this Issue:
3E News
Ask the 3Experts
3E in the News
Tips N Tricks
Events - Conferences, User Group Events & Speaking Engagements
Industry Articles - News You Can Use

3E News........................................................................................................................

3E Announces Availability of Ariel™ Expert Rules - 3E recently announced the availability of Ariel Expert Rules, a solution that helps customers ensure that their MSDSs and other critical documents are compliant with country-specific regulations. Ariel Expert Rules works in conjunction with the substance database in the SAP® EH&S application, integrating data for increased operational efficiencies and informed decision making.  For the full story, click here. 

Ask the 3Experts.....................................................................................................

“I understand that I can claim trade secret on my product's MSDS to conceal the ingredients, but what about my EPCRA reporting – can I conceal the specific chemicals that I use to formulate my product as well?"

You may only claim a trade secret on your product MSDS to protect the identity of your product’s formulation if you can justify that claim.  Your claim could be challenged if your product’s ingredients are otherwise well known or if there is no actual competitive advantage to be lost by disclosure.  However, assuming that you have spent time and money on product development and you have made efforts to conceal your formulation, you are correct that you may conceal the names of the ingredients in your product.  (Properties and effects of these ingredients must be disclosed on the MSDS – including exposure limits, and disclosure to a physician under certain circumstances may be required.) 

 

A facility may claim a trade secret under the Emergency Planning and Community Right-to-Know Act (EPCRA) as described in Section 322. There is a trade secret substantiation form (EPA Form 9510-1) that must be filled out in its entirety and submitted to the EPA to request the claim. The process is completed in two phases; first, the submitter must provide a complete set of assertions that are sufficient to justify the trade secrecy claim. Second, if the claim is reviewed by the EPA, additional factual information will be requested from the submitter to establish the truthfulness of the claim. The trade secrecy provision only allows for the withholding of the specific chemical identity that must normally to be disclosed according to sections 303, 311, 312 and 313 submissions. Trade secrecy claims do not apply to section 304 (spill reporting). The submitter must provide a generic class or category to be used in place of the chemical identity.

 

As with the OSHA Hazard Communication standard, there is an EPCRA requirement to provide trade secret information to health professionals that may need it for diagnostic and treatment purposes or to local health officials who need it for prevention activities.  

 

- Michael Beckel & Andrea Clark


Mr. Beckel is 3E's manager of consulting services.  He joined 3E Company in 1999, continuing a 19 year career in environmental science and safety management that included ten years of practical experience managing the EHS programs of laboratory and manufacturing firms.  He is responsible for all hazardous materials inventory, training, and consulting services performed by 3E Company.

Ms. Clark is 3E's lead, regulatory services.  With more than ten years experience in the environmental health and safety industry, Ms. Clark has helped many customers meet their compliance needs with her expertise in government relations, fire code interpretation, and regulatory reporting and permitting. Prior to joining 3E Company, her environmental experience included research involving trace metals analysis on water and soil samples as part of a feasibility study for bioremediation.


 Join 3E Company for a complimentary, educational Web Seminar on

"Major Changes to TSCA Section 12(b) Export Notification Requirements”

part of the 3E HazMat Management Web Seminar Series.

Section 12(b) of the Toxic Substances Control Act requires any person who exports or intends to export a chemical substance or mixture to notify the EPA of such exportation to a particular country if any of the following actions have been taken under TSCA with respect to that chemical substance or mixture:

  • Data are required under TSCA section 4 or 5(b);
  • An order has been issued under TSCA section 5;
  • A rule has been proposed or promulgated under TSCA sections 5 or 6; or,
  • An action is pending or relief has been granted under TSCA section 5 or 7.

On November 14, 2006, EPA published a final rule significantly revising the TSCA 12(b) export notification requirements. The rule became effective on January 16, 2007. During this web seminar, Will Pettit, Regulatory Research Analyst, will provide a detailed look at these major changes.

  

When:  Thursday, February 22, 2007

Time:  8:00 a.m. – 9:00 a.m. PST

Cost:  No Cost

How:  Web browser (for both audio and visual)

Register:  Here

 

Don’t Wait, Register Today!

3E in the News............................................................................................................

The January issue of Occupational Health & Safety included an article on managing compliance throughout the entire chemical lifecycle by 3E's Prabhu Natarajan, Julia Tsvetkova, and Tamie Webber.  Read the full article, "Cradle to Grave Management" here.

3E's HazMat Mission Control Center was mentioned in Jerry Scannell's Frontline Safety column on "Revisiting Process Safety Management" in the November/December issue of Compliance Magazine.  Read the full article here.

Tips N Tricks...............................................................................................................

Are you ready for Tier II reporting?

As the March deadline approaches, it is time to collect your inventories to determine which products have exceeded designated thresholds.  Don’t forget that 3E Online-MSDS 5.0 provides a simple Quantity Update Tool to load quantity data into 3E Online for purposes of producing Tier II candidate reports.

  • Go to the Inventory Tab and Select “Update Quantity Data”
  • Select your location
  • Click on download to export your inventory to an Excel spreadsheet
  • Enter quantity data information
  • Upload form back into 3E Online

Upon a successful upload, you can immediately select SARA Reports from the Inventory Menu to run your candidate report.

Events..........................................................................................................................

CONFERENCES

Come visit 3E at the following shows in March:

Texas Safety Conference & Expo
March 5-6, 2007
Location:    George R. Brown Convention Center, Houston, TX

Global Chemical Regulations Conference
March 7-9, 2007
Location:    Baltimore Marriott Waterfront, Baltimore, MD

Oregon Governor's Occupational Safety & Health Conference
March 12-15, 2007
Location:    Oregon Convention Center, Portland, OR

Ohio Safety Congress & Expo
March 20-22, 2007
Location:    International Exposition Center, Cleveland, OH

USER GROUPS

If you are planning to attend the Global Chemical Regulations Conference, arrive early and join 3E's Ariel User Group Event for an interactive presentation to learn about the new features and content of the Ariel products.

Interact with other Ariel users in an informal setting, share mutual experiences and learn how other users are putting the product to use in their companies!  Don't miss the opportunity to meet the people behind Ariel and to provide valuable feedback that will aid us in developing our next generation offerings.

Date:  March 7, 2007

Time:  10:00 a.m. - 4:00 p.m. (lunch provided)

Dinner:  7:00 p.m. at Kali's Court (transportation provided)

Location:  Courtyard by Marriott, Baltimore, MD

Space is limited so register now! To RSVP for this event simply email Erica Miller at emiller@3ecompany.com.

If you have any questions or would like more information on this event, please contact Erica Miller at (760) 930-6627.

SPEAKING ENGAGEMENTS

Robert S. Christie, 3E's CEO and president, will be speaking on "Managing Growth at Warp Speed" to the San Diego chapter of the Association for Corporate Growth at its monthly breakfast meeting in March. 

Date:  March 20, 2007

Time: 7:00 a.m.

Location:  DoubleTree Hotel, San Diego, CA

Cost:  ACG Members $25 • Guests $60

Industry Articles:  News You Can Use...............................................................................

From The Atlanta Journal-Constitution

Dust explosions a stealth killer at factories

From COSTHA

Regulatory Update Spreadsheet

US Department of Transportation Proposes to Require Railroads to Route Hazardous Materials Based on Range of Safety and Security Factors

Australia - Implementation of MSIC Program

From Environmental Protection

European Union Stricter Than U.S. on Chemical Safety, Could Drive Change For Companies Worldwide

From the EPA

Ohio to Adopt VOC Limits for Consumer Products

From Professional Safety

Global Harmonization

From NSC

Homeland Security proposes chemical transit rules

From Safety Online

AIHA Announces Top Occupational And Environmental Health And Safety Issues

EPA Finalizes Rules For Toxics Release Inventory

ASSE Concerned With The Potential Impact Of Industry Litigation On Communicating Chemical Risks To Workers

From SOCMA

EPA Revises TRI Reporting Threshold for Small Companies

EPA Finalizes SPCC Regs for Small Facilities

EPA Proposes to Extend SPCC Compliance Date

IUR Submission Deadline Extended to March 2007

National Emission Standards for Organic Hazardous Air Pollutants Upheld

10 Chemicals Under Review for POPs Status

.......................................................................................................................................

 

•• Visit: www.3ECompany.com   •• Contact 3E Company ** 1905 Aston Avenue, Carlsbad, CA 92008