Navigating the complexities of chemical regulations is a vital task for businesses today. The recent changes to the Toxics Release Inventory (TRI) concerning Per- and Polyfluoroalkyl Substances (PFAS) demand immediate attention and strategic adaptation. For a deeper understanding, consider watching our webinar on TRI PFAS and substance library features.
WHAT YOU NEED TO KNOW
The Environmental Protection Agency (EPA) has made updates to the de minimis value for certain chemicals (including PFAS chemicals) on the TRI list was recently published. There are two components to the TRI requirements that are impacted by this change: reporting and supplier notifications.
The new de minimis is 0%, instead of 1% or 0.1% for some chemicals. The update to this de minimis value now makes it mandatory for suppliers to disclose any amount of these listed chemicals to downstream users of their products.
In terms of practical implementation from a regulatory perspective, the manufacturer can choose how they disclose the ingredients to their customers. The regulation states that “the notification must be attached to or otherwise incorporated into such MSDS” which means that suppliers can choose how to provide the notification.
WHAT YOU NEED TO DO
If you are an organization that manufactures any products that require an SDS and you have any of the listed chemicals in those products, you must disclose these ingredients and concentrations to your customers. There are two ways to disclose these ingredients: adding them to the SDS in section 15 or by providing an additional letter attached to the SDS with the disclosed ingredients.
If you are a company that uses chemicals, you will need to align chemical management processes with these new requirements to ensure accurate TRI reporting. At Sphera we have seen several different ways that manufacturers are complying with this regulation change:
For each of these, a comprehensive review and update of data capture processes from the SDS and other critical documents is necessary. It is crucial to ensure your data capturing process includes extraction of ingredient data from section 15 of the SDS and in situations where manufacturers provide letters with disclosure information, processes are needed to ensure those ingredients are captured and utilized in TRI reporting.
HOW SPHERA CAN HELP
Sphera is equipped to support businesses through these regulatory transitions with cutting-edge solutions. Our SpheraCloud platform offers advanced chemical management capabilities, ensuring precise data capture and efficient compliance management. The platform’s full formulation module facilitates the management of chemical substance information, capturing of ingredient data from both section 3 and 15 of the SDS and the storage of compliance letters, ensuring your operations remain fully compliant with emerging regulations. For manufacturers, Sphera offers a SDS authoring software and services to help organizations comply with the TRI disclosure requirements. For more information on how our enhanced substance library supports these efforts, check out our webinar on the substance library features.
WHEN YOU NEED TO ACT
These changes took effect on November 30, 2023, with reporting requirements beginning January 1, 2024. The deadline for submitting 2024 reports is July 1, 2025. To ensure seamless integration into your compliance framework, it is imperative to act now.
KEY TAKEAWAYS
The TRI updates mark a significant shift in chemical management requirements, necessitating careful planning and execution. By partnering with Sphera, businesses can leverage our expertise and innovative solutions to confidently meet these challenges. Our comprehensive approach ensures that your compliance strategy is proactive and aligned with the latest regulatory standards. Start preparing today to secure your compliance future. Don’t forget to view our webinar for a more detailed exploration of these topics.
