​We’ve all cursed them, those dreaded low-battery beeps in the middle of the night.  But, what came next?  Did we replace the battery or just rip it out and go back to sleep.  Then what?  Did we remember a day or two later to replace the battery or did we forget about it until a smoky kitchen reminded us of our folly? 
 
Well, NFPA has a new report out that provides some sobering information to consider.  The report focuses mainly on smoke alarm presence and performance in home fires reported to local fire departments across the U.S.  Additional topics include the benefits of working smoke alarms, reasons why smoke alarms fail to operate, smoke alarm performance by power source, the difference in smoke alarm performance in one- or two-family homes vs. apartments, and characteristics of fatal home fire victims with and without working smoke alarms. 
 
Some report highlights include:

• The death rate per 1,000 reported home fires was more than twice as high in homes that did not have any working smoke alarms. 
• Smoke alarms provide an early warning of fire, giving people additional time to escape.  
• During the period 2012-2016, smoke alarms sounded in just over one-half (53%) of the home fires reported to U.S. fire departments. 
• Almost 60% of home fire deaths occurred in homes where either no smoke alarms existed or where existing smoke alarms did not work. 
• In fires in which the smoke alarms were present but did not operate, more than 43% of the smoke alarms had missing or disconnected batteries.

 
The report can be found at the NFPA website. 

The USEPA published a final rule, entitled, “Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine” in the Federal Register on February 22, 2019.  According to the USEPA announcement, the final rule establishes cost-saving, streamlined standards for handling hazardous waste pharmaceuticals to better fit the operations of the healthcare sector while maintaining protection of human health and the environment. 
 
This final rule will help protect drinking and surface water reducing the amount of hazardous waste pharmaceuticals entering waterways by 1,644 to 2,300 tons on an annual basis.  To accomplish this the rule will prohibit disposal of pharmaceuticals in the sanitary sewer by all facilities subject to the rule.  This action will help address the issue highlighted by a growing body of publicly available studies documenting the presence of pharmaceuticals in drinking and surface waters as well as their negative impacts to aquatic and riparian ecosystems.
 
In addition, FDA-approved, over-the-counter nicotine replacement therapies (i.e., nicotine patches, gums and lozenges) will no longer be considered hazardous waste when discarded.  This will result in significant cost savings and burden reduction in the management of these types of nicotine wastes. 
 
Finally, the final rule reaffirms EPA’s long-standing policy that non-prescription pharmaceuticals and other unsold retail items that have a reasonable expectation of being legitimately used/reused or reclaimed are not solid waste.  It also provides regulatory certainty that the Resource Conservation and Recovery Act (RCRA) applies when healthcare facilities send unused, unsaleable prescription hazardous waste pharmaceuticals to reverse distributors to receive manufacturer credit.  Simultaneously, the rule incorporates flexibilities to accommodate current reverse distribution business practices to facilitate its implementation.
 
SRM will keep you posted on this important development. 

July 1st is right around the corner.  We hope most of you are either done or well on your way to completing your TRI number crunching.  While there is still plenty of time to get the TRI reports completed, keep in mind there are some potential pitfalls that can stop you in your tracks:
 
Due Diligence - TRI Applicability Determination
 
If you are a small but growing company, don’t ignore the TRI reporting again this year because you haven't had to report in the past.  Do your annual Due Diligence and prepare some calculations and analyses that you can keep in a compliance folder for when MDEQ or USEPA come to visit.  This way you can easily demonstrate whether or not your facility is required to report. 

Your facility is required to report if it meets ALL three of these threshold criteria:

1. The facility is included in a TRI-covered NAICS code; and
2. The facility has 10 or more full-time employee “equivalents” (i.e., a total of 20,000 hours or greater; and
3. The facility manufactures (defined to include importing), processes or otherwise uses any EPCRA Section 313 chemical in quantities greater than the established thresholds in the course of a calendar year.

 
SRM can help you with your TRI determination.  USEPA also has resources to help you at their website.
 
TRI-Me Web Access
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USEPA requires companies to update their passwords.  If you are running short on time or the certifying official is going out of town on a long business trip in two days, updating crucial information can pose a problem.  What if you need to change the certifying official due to corporate reorganization?  Changing information in the TRI-ME system can take a week or two to complete and can be disruptive.  So you shouldn’t wait until the last minute to update your information.  A good rule of thumb is to get onto the CDX system sooner rather than later and make sure you and your certifying official can access the CDX system and your TRI forms.  Update your passwords as necessary. 
 
Check Your Formulas
 
If you are like many TRI preparers, you use spreadsheets to estimate chemical usage and emissions.  As we enter or remove data from year to year we can move linked data cells around the worksheet causing errors in the calculations.  In addition, “Fat-Finger Syndrome” is still incurable and people often delete or move links without even knowing it.  So, take some time every year to examine your formulas and links between worksheets to ensure data integrity.
 
Contact SRM if you have questions about TRI applicability or reporting.  We hare happy to help.