Supplier notification

Manufacturing qualifiers. Two of the entries to the section 313 chemical list contain a qualifier relating to manufacture. For isopropyl alcohol, the qualifier is "manufacturing-strong acid process. For saccharin, the qualifier simply is "manufacturing." For isopropyl alcohol, the qualifier means that only facilities which manufacture isopropyl alcohol by the strong acid process are required to report. In the case of saccharin, only manufacturers of the chemical are subject to the reporting requirements. A facility that processes or otherwise uses either chemical would not be required to report for those chemicals. In both cases, supplier notification does not apply because only manufacturers, not users, of the toxic chemical must report. 

Solutions. Two substances on the list, ammonium nitrate and ammonium sulfate, are qualified by the term solution," which refers to the physical state of these chemicals. Solid, molten, and pelletized forms of these chemicals are exempt from threshold and release determinations. Only facilities that manufacture, process, or otherwise use these chemicals in the form of a solution are required to report. Supplier notification applies only if the chemical is distributed as a solution. 

Supplier Notification. In 1989 and subsequent years, suppliers of facilities in SIC codes 20-39 are required to develop and distribute a notice if the mixtures or trade name products that they manufacture or process, and subsequently distribute, contain listed toxic chemicals. These notices are distributed to other companies in SIC codes 20-39 or to companies that sell the product to facilities in SIC codes 20-39. tf a Material Safety Data Sheet (MSDS) is not required for the mixture or trade name product, the notification must be in written form (i.e., letter or attachment to a MSDS). Otherwise, the notice must be incorporated into or attached to the MSDS for that product. The supplier notification requirement began with the first shipment of a product in 1989 and must accompany the first shipment each year thereafter. In addition, a new or revised notice must be sent if a change occurs in the product which affects the weight percent of a listed chemical or if it is discovered that a previous notice did not property identify the chemicals or the percentage by weight. For more information on supplier notification, see Appendix E. 

The language of the supplier notification requirements covers mixtures or trade name products that are sold or otherwise distributed. The "otherwise distributes" language applies to intra-company transfers. However, if the company has developed an internal communications procedure that alerts their other facilities to the presence and content of covered toxic chemicals in their products, then EPA would accept this. 

You are covered by the section 313 supplier notification Supplier notification is also required if a waste mixture contain-... 

Note that you may be covered by the supplier notification rules even If you are not covered by the section 313 release reporting requirements. For example, even if you have less than 10 full-time employees or do not manufacture or process any of the chemicals in sufficient quantities to trigger the release reporting requirements, you may still be required to notify certain customers. 

SUPPLIER NOTIFICATION MUST INCLUDE THE FOLLOWING INFORMATION ... 

If your company or taallty distributes chemical products but does not tall into the covered SIC codes, you should be alert to the supplier notification that may accompany MSDSs of the orrvjucts vou distribute You should nec, on si-nh to t/onr mrti istnai customers unchanged... 

Supplier notification is not required for a pure toxic chemical unless a trade name is used. The identity of the toxic chemical will be known based on label information. 

Supplier notification is also required if a waste mixture containing a toxic chemical is sold to a recycling or recovery facility. However, if the material is sent off-site as a waste for treatment or disposal, then no supplier notification is required. 

If EPA adds chemicals to the section 313 list, and your products contain the newly listed toxic chemicals, notify your customers with the first shipment of the year following EPA s final decision to add the chemical to the list. For example, if EPA adds chemical ABC to the list in September 1990, supplier notification for chemical ABC would begin with the first shipment in 1991. 

VOC = volatile organic compound HAP = Hazardous air pollutant Sec 313 of the Emergency Right-to-know Act (EPCRA), also known as Title 111 of the Superfund Amendments and Reauthorization Act of 1986 (40 CFR Part 372). Use of strong acid process, no supplier notification. Ligroine (light naphtha), VM P naphtha, Stoddard solvent, and certain paint thinners are also commonly referred to as mineral spirits. These distillation fractions contain less than 10 % by mass HAPs (see Table 14.26.4). 

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