By Craig Gorczyca, CHMM
Director of Operations and Waste Management Services
Published September 2008 Commerce Magazine

Schools typically use and accumulate many different types of chemicals.  The most obvious are science rooms in high schools and colleges.  Chemistry and Biology laboratories are known for having various, and occasionally dangerous, types of toxic chemicals that are used in educational experiments.  Art rooms and vocational skills rooms such as wood and metal shops typically contain substances like solvents and glues that are covered by Community Right-to-Know (CRTK) regulations.  Grammar schools storing innocuous products including paint and adhesive may trigger reporting and labeling obligations under CRTK.  Custodial staff supply rooms, janitorial closets, and boiler rooms also contain various cleaning and maintenance products that need to be managed in accordance with the CRTK regulations. 

The Federal Emergency Planning and Community Right-to-Know Act establishes regulations concerning the storage, labeling, and use of hazardous substances for state governments concerning CRTK reporting on hazardous substances.  In New Jersey, the Department of Health and Senior Services (DHSS) oversees the CRTK program enforcement, reporting and very specific labeling requirements.  A key component of CRTK compliance is the establishment and maintenance of a central file for the regulated site.  This file must contain Material Safety Data Sheets (MSDS), Hazardous Substance Fact Sheets (HSFS), and the New Jersey Hazardous Substances list, as well as a copy of the most recent CRTK Survey.  The New Jersey DHSS enforces these regulations through annual reports that are submitted by the regulated party and also by conducting compliance site inspections. 

One of the more difficult parts of CRTK compliance is deciphering what needs to be labeled and how to label it.  In New Jersey, the top five (5) ingredients need to be listed on the container along with the corresponding CAS (Chemical Abstract Service) number. Sometimes, however, this can become confusing when products contain ingredients that are Trade Secrets or have Federal Registry Numbers rather than CAS numbers.

DHSS inspectors verify the completeness and integrity of a school’s central file. As stated earlier, this file must include MSDS, HSFS, and the New Jersey Hazardous Substance list, as well as a copy of the regulated party’s most recent CRTK Survey.  In addition, the DHSS inspector then verifies that the regulated products and/or chemicals are labeled properly.  

While CRTK compliance can be overwhelming for teachers and school administrators, an experienced environmental consultant such as EWMA can help.  The consultant will perform an initial pre-compliance inspection of the central file and review available supporting documentation.  If the DHSS inspector issues a Notice of Violation (NOV), the consultant will review the deficiency report or NOV and develop a plan for corrective action.  This corrective action plan can include physical labeling of chemical storage containers and the acquisition of product information needed for central file compliance.

CRTK obligates public and private entities to describe what chemicals are being used and stored at their place of business or school.  Employers and school districts do not have to achieve and maintain compliance with this important law alone.  A consultant can complete site inspections, provide labeling services, and acquire the paperwork necessary to comply with the New Jersey CRTK Act. 

Craig Gorczyca is with EWMA in Parsippany, NJ.  He specializes in managing the transportation and disposal of all wastes generated during investigation and remediation activities as well as large-scale remediation projects.  For additional information or to discuss your concerns please contact Mr. Gorczyca at 800-969-3159 ext. 145 or Craig.Gorczyca@ewma.com.  Additional information on EWMA is available online at www.ewma.com.