EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA) Section 313

EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA) Section 313 Toxic Release Inventory Reporting Requirements Advanced Session

TRI Process Overview Program Updates Alternate Threshold Rule Chemical List Changes Chemical Guidance Metals Lead Mercury Other PBTs Nitrate Compounds and Ammonia Threshold Guidance Combustion Recycling Exemptions Reporting Guidance Estimating Releases Media-Specific Considerations Source Reduction (Section 8) Releases and Other Waste Management One-Time Amounts Production Ratio Tips and References TRI Program Support Form R Submissions/Revisions Audit and Enforcement Policies TRI-ME Contact Information Link to TRI-ME Tutorials Agenda

TRI Process – 2 Part Process Release/Waste Mgmt. Reporting Applicability & Threshold Determinations Use TRI-ME and Complete Form R Identify total releases and off-site transfers Determine the quantity of Section 313 chemicals and how they are manufactured, processed, or otherwise used on-site for the reporting year Identify Section 313 chemicals manufactured, processed, or otherwise used at the site Identify other waste management practices Complete Final QA/QC Identify pollution prevention activities Submit to EPA & State If Thresholds Exceeded…

The TRI Process • Is my facility covered under EPCRA Section 313 (TRI)? • Review NAICS Code Applicability (71 FR 32464 – published June 6, 2006). View SIC-NAICS crosswalk tables at http://www.census.gov/epcd/www/naics.html • Employee Threshold Determination • For which TRI chemicals must I submit a TRI report? • How is the chemical used at the facility? (Is it manufactured, processed or otherwise used)? • How much of the chemical is manufactured, processed, or otherwise used at the facility? Are the TRI regulatory thresholds exceeded? • How do I report? • Submit a Form R or a Form A Certification Statement to EPA and state/tribal authority for each chemical requiring a report. • What do I report? • On-site releases of the chemical. • On-site treatment, energy recovery and recycling. • Off-site transfers of the chemical. • Pollution prevention activities.

Who Must Report? • Facilities (Private- and Public-sector) • In covered primary NAICS code(s) or Federal facilities; and • With 10 or more full-time employees (equivalent of 20,000 hours per year); and • That exceed manufacture, or process, or otherwise use thresholds for each Section 313 chemical

Section 313 Chemicals (Non-PBT) and Thresholds • A facility meeting all applicability criteria must file a TRI Report for a non-PBT Section 313 chemical if the facility: • Manufactured (including imported) more than 25,000 pounds of the chemical in the reporting year, or • Processed more than 25,000 pounds of the chemical in the reporting year, or • Otherwise Used more than 10,000 pounds of the chemical in the reporting year Non-PBT Thresholds

PBT Chemicals and Thresholds • PBT chemicals are subject to separate and lower thresholds • 100 lbs./yr- • Aldrin • Lead* • Lead Cmpds. • Methoxychlor • 10 lbs./yr - • Chlordane • Heptachlor • Mercury • Toxaphene • Isodrin • PCBs • 0.1 g/yr - • Dioxin and dioxin-like compounds • Pendimethalin • Polycyclic Aromatic Cmpds. • Tetrabromobisphenol A • Trifluralin • Benzo(g,h,i)perylene • Hexachlorobenzene • Mercury compounds • Octachlorostyrene • Pentachlorobenzene PBT Thresholds * Only lead not in stainless steel, brass, or bronze

Program Updates for RY 2006 • Key program changes are listed on the second sheet of the Reporting Forms & Instructions, as well as in TRI-ME, and on the TRI website. • North American Industry Classification System (NAICS) Codes • Facilities are required to report NAICS codes in place of Standard Industry Classification (SIC) Codes beginning with RY 2006. • TRI Reporting Forms Modification Rule Effective for RY2005: • Modifications to the reporting forms to streamline reporting • Final Rule Expanding Form A Eligibility Effective for RY2006: • Expands eligibility for the use of Form A for both PBT and Non-PBT chemicals. • For more information on the rule see the TRI Homepage at http://www.epa.gov/tri.

Facility Data Profiles • Review your Facility Data Profile (FDP) immediately • FDP provides an opportunity to review data submitted to EPA. • Allows EPA to highlight errors and possible issues with your submission • You MUST provide a Technical Contact email address on your TRI forms to receive real-time notification of FDP availability. • Use TRI-MEweb or TRI-ME and CDX to receive your FDP sooner (than paper or diskette submissions) • If you have problems accessing your FDPs, or do not have Internet access, contact: • FDP Support Hotline: 301-429-5005 • E-mail: tri.efdp@csc.com • Web: www.triefdp.org

Alternate Threshold Rule (Revised for RY 2006) • If alternate threshold criteria met: • Form R report is not required • No release, other waste management, or source reduction reporting • Submit certification statement (Form A) • Maintain records and calculations used to determine Form A eligibility • TRI Burden Reduction Rule, announced December 18, 2006, expands eligibility for use of Form A.

Alternate Threshold Rule (Non-PBT Chemicals) • Criteria for submitting a Form A for non-PBT chemicals • Do not exceed 1,000,000 pounds manufactured, processed, or otherwise used. • Do not exceed 5,000 pounds for the total waste management (i.e., releases, recycling, energy recovery, and treatment) of the Section 313 chemical.* • Do not exceed 2,000 pounds of releases & disposal (i.e., Section 8.1 and any releases in Section 8.8 of the Form R) *Equivalent to the sum of the quantities calculated for Sections 8.1 - 8.8 of the Form R

Alternate Threshold Rule (PBT Chemicals) • Criteria for submitting a Form A for PBT chemicals • Do not exceed 1,000,000 pounds manufactured, processed, or otherwise used. • Cannot use for dioxin and dioxin-like compounds • No releases or other disposal into the environment of the PBT chemical (i.e., Section 8.1 and any releases reported in Section 8.8) • Cannot exceed 500 pounds for recycling, energy recovery, and treatment.* *Equivalent to the sum of the quantities calculated for Sections 8.2 - 8.7 and any non-release quantities in Section 8.8 of the Form R

Chemical List Changes Recent Changes • EPA deletes MEK, effective RY2004 (June 30, 2005, 70 FR 37698) • Naphthalene de minimis level changes from 1% to 0.1%, beginning RY2004

Chemical List Changes Dioxin and Dioxin-like Compounds • Proposed rule published on March 7, 2005 (70 FR 10919) • Comment period closed May 6, 2005 • EPA is considering options on reporting dioxin in grams TEQ vs. mass grams • EPA will publish separate form for dioxin and DLCs

Chemical List Changes Pending Changes • Diisononyl Phthalate category addition • Proposal, comment period closed October 12, 2005 • Delistings under consideration • MIBK • Acetonitrile • Chromium Compounds

Metals and Metal Category Compound Guidance • Elemental metals and metal compound categories are separately listed chemicals under Section 313 • Separate activity threshold determinations • Report for each listing (e.g., nickel or nickel compound) only if the threshold for each listing is exceeded • If threshold exceeded for both the elemental metal and metal category compound (e.g., nickel and nickel compounds), you have options to report separately or file one combined report • If combined, file as metal category compound

Metal Compounds • For threshold calculations, such as manufacture of metal compounds through combustion of fuels, use the total weight of the compound, not the parent metal • Releases and other waste management estimates (what you report on the Form R): these quantities are based on the parent metal weight only!

Quiz Question Placeholder Quiz #1 Question 1 1) A facility processes 200,000 lbs. of a mixture containing 10% zinc chromate and 15% chromium dioxide by weight. For which of the following chemical categories was the processing threshold exceeded? A. Chromium compounds only B. Zinc compounds only C. Neither D. Both Answer: A is correct. Total chromium compounds processed: (10% + 15%)*(200,000) = 50,000 lbs. Total zinc compounds processed: (10%)*(200,000) = 20,000 lbs. The non-PBT chemical processing threshold (25,000 lbs.) was exceeded for chromium compounds, but not zinc compounds.

Quiz Question Placeholder Quiz #1 Question 2 2) During the year, a facility burns 70,000 tons of coal, which contains elemental manganese (Mn) at 141 parts per million by weight. In combusting the coal, the facility manufactures manganese compounds. The facility has no information about the chemical makeup of the manganese compounds manufactured and assumes it is the lowest-weight oxide – MnO. Based on molecular weights (Mn = 55, MnO = 71), the facility knows that 71 lbs. of MnO are formed for every 55 lbs. of Mn combusted. Does the facility exceed a threshold for manganese compounds? YES NOAnswer: Yes. The facility is manufacturing manganese compounds. Amount of MnO manufactured = (amount coal)*(concentration Mn)*(MW MnO / MW Mn) = (70,000 tons * 2,000 lbs. / ton)*(141 x 10-6)*(71/55) = 25,483 lbs. manganese compounds The manufacturing threshold for manganese compounds, which is NOT a PBT chemical, is 25,000 lbs. The threshold has been exceeded and this facility would need to submit a report for manganese compounds.

Quiz Question Placeholder Quiz #1 Question 3 3) During the year, a facility burns 70,000 tons of coal, which contains elemental manganese (Mn) at 141 parts per million by weight. In combusting the coal, the facility manufactures manganese compounds. The facility has no information about the chemical makeup of the manganese compounds manufactured and assumes it is the lowest-weight oxide – MnO. Based on molecular weights (Mn = 55, MnO = 71), the facility knows that 71 lbs. of MnO are formed for every 55 lbs. of Mn combusted. Does the facility exceed a threshold for manganese? YES NOAnswer: Yes. The facility is otherwise using coal, and therefore, the manganese in the coal as well. Amount of Mn otherwise used = (amount coal)*(concentration Mn) = (70,000 tons * 2,000 lbs. / ton)*(141 x 10-6) = 19,740 lbs. manganese The otherwise use threshold for manganese, which is NOT a PBT chemical, is 10,000 lbs. The threshold has been exceeded and this facility would need to submit a report for manganese.

Metal Cyanide Compounds Guidance • A metal cyanide compound, such as cadmium cyanide, requires separate reporting under both cadmium and cyanide* • For reporting cadmium, use entire weight of compound for threshold determinations, and only weight of metal portion of compound for release and other waste management reporting • For reporting cyanide, use weight of entire compound for threshold determinations and weight of entire compound for release and other waste management reporting * Qualifier for cyanide compounds states: X+CN-, where X=H+ or any other group where a formal dissociation may occur. For example, KCN or Ca(CN)2

Lead and Lead Compounds • Raw materials processed by a variety of facilities may contain metallic lead or lead compounds: • Metal ores • Coal • Wood • Oil & Oil products: heating oils, gasolines • Lead used in solder and other alloys is in the elemental NOT the compound form (i.e., this is lead, not a lead compound) • Lead-acid batteries will typically meet the articles exemption • Removing old paint containing lead and sending it off-site for disposal or treatment is NOT a threshold activity • Other sources of lead and lead compounds for PBT threshold: • Lead solder, lead babbitt, castings/molds, contaminants of aluminum and other common base alloys, X-Ray film • Cement, asphalt, graphite brushes, leaded glass • Transfers of lead and lead compounds off-site for recycling

Lead and Lead Compounds • PBT activity threshold: • 100 pounds for lead (not contained in stainless steel, brass, or bronze) • 100 pounds for lead compounds • Non-PBT activity threshold • Non-PBT thresholds apply to lead contained in stainless steel, brass, or bronze* • 25,000 lbs for manufacture or process • 10,000 lbs for otherwise use *If elemental lead is removed from the qualified alloy, such as vaporization during melting of an alloy, the 100 lb threshold applies

Lead Threshold Determination Flow Chart • Activity thresholds and reporting requirements for lead related to stainless steel, brass or bronze alloy qualifier Did the facility exceed the 25,000/10,000 lb. threshold, considering lead in stainless steel, brass or bronze alloy1 AND lead not stainless steel, brass or bronze alloy? 1 The de minimus exemption may be considered for quantities of the lead in stainless steel, brass or bronze alloy This flowchart does not apply to Lead Compounds, a separately listed TRI chemical YES NO Did the facility exceed the 100 lb. threshold considering only lead not in stainless steel, brass or bronze alloy? Did the facility exceed the 100 lb. threshold considering only lead not in stainless steel, brass or bronze alloy? YES NO YES NO May use Form A2 or R, without range reporting in Sections 5 and 6 of Part II. Report releases and transfers from BOTH leadin stainless steel, brass, or bronze alloy and lead not in stainless steel, brass, or bronze alloy. May use Form A2 or R; range reporting can be used in Sections 5 and 6 of Part II. Report releases and transfers from BOTH leadin stainless steel, brass, or bronze alloy and lead not in stainless steel, brass, or bronze alloy. May use Form A2 or R, without range reporting in Sections 5 and 6 of Part II. Only required to report releases and transfers of lead not in stainless steel, brass, or bronze alloy. No reporting for lead required 2 Must meet additional requirements for Form A use.

Quiz Question Placeholder Quiz #2 Question 1 1) A facility combusts 13,600,000 lbs. of coal to fire its boilers. The coal contains elemental lead (Pb) at 7.0 parts per million by weight. In combusting the coal, the facility otherwise uses lead and manufactures lead compounds. The facility has no other information about the chemical makeup of the lead compounds manufactured and assumes it is the lowest-weight oxide – PbO. Based on molecular weights (Pb = 207, PbO = 223), the facility knows that 223 lbs. of PbO is formed for every 207 lbs. Pb used.Which of the following thresholds have been exceeded for lead or lead compounds? A. Otherwise Use only B. Manufacturing only C. Neither D. Both Answer: B is correct. Pb in coal: (13,600,000 lbs.)*(7 x 10-6) = 95.2 lbs. Total lead combusted (95.2 lbs.) does not exceed the threshold for otherwise using lead not in stainless steel, brass, or bronze (100 lbs.). PbO formed: (95.2 lbs.)*(223/207) = 103 lbs. Total lead oxide manufactured (103 lbs.) exceeds the threshold for manufacturing lead compounds (100 lbs.).

Quiz Question Placeholder Quiz #2 Question 2 2) A facility processes two alloys that include lead, a stainless steel alloy with 20,000 lbs. of lead, and another alloy, which is not stainless steel, brass, or bronze, with 275 lbs. of lead. Which of the following processing thresholds have been exceeded? A. Only the 25,000 lbs. processing threshold for total lead B. Only the 100 lbs. threshold for lead not in stainless steel, brass, or bronze C. Neither D. Both Answer: B is correct. Total lead processed: 20,000 lbs. + 275 lbs. = 20,275 lbs. Total lead processed not in stainless steel, brass, or bronze: 275 lbs. Although the threshold for total lead (25,000 lbs.) was not exceeded, the threshold for lead not in stainless steel, brass, or bronze (100 lbs.) was exceeded.

Quiz Question Placeholder Quiz #2 Question 3 3) A facility processes two alloys that include lead, a stainless steel alloy with 24,950 lbs. of lead, and another alloy, which is not stainless steel, brass, or bronze, with 75 lbs. of lead. Which of the following processing thresholds have been exceeded? A. Only the 25,000 lbs. processing threshold for total lead B. Only the 100 lbs. threshold for lead not in stainless steel, brass, or bronze C. Neither D. Both Answer: A is correct. Total lead processed: 24,950 lbs. + 75 lbs. = 25,025 lbs. Total lead processed not in stainless steel, brass, or bronze: 75 lbs. Though the threshold for non-PBT lead (25,000 lbs.) was exceeded, the threshold for PBT lead (100 lbs.) was not exceeded.

Typical Concentration of Lead in Raw Materials Quantity required to meet 100 lb. Threshold* * Emergency Planning and Community Right-to-Know Act-Section 313: Guidance for Reporting Releases and Other Waste Management Activities of Toxic Chemicals: Lead and Lead Compounds

Mercury and Mercury Compounds • PBT activity threshold: • 10 pounds for mercury • 10 pounds for mercury compounds • Combustion of fuels is expected to be a main source of mercury triggering a reporting threshold • Combustion involves the otherwise use of mercury compounds in fuel, and the manufacture of elemental mercury • Amount of fuel required to exceed a threshold • No. 2 Fuel Oil: 1.41 x 109 gallons • Coal: 11,000 – 120,000 tons • No. 6 Fuel Oil: 1.89 x 109 gallons

Mercury and Mercury Compounds • Present in some switches and lights • Otherwise use of bulbs and switches IS article exempt IF less than 0.5 pounds of Section 313 chemical released (and not recycled) during reporting year from all like items during normal conditions of processing or use • Adding to manometers is NOT article exempt • Present in Caustics/Acids (if produced in mercury cell process – not common) • May be present in mixed ores

PACS and Benzo(g,h,i)perylene • PBT activity threshold • PAC category threshold: 100 pounds • Benzo(g,h,i)perylene threshold: 10 pounds • Present in coal, fuel oil, other petroleum products, such as asphalt and roofing tars • Asphaltic concrete (blacktop) typically contains 4 - 10% paving asphalt • Most uses of blacktop are NOT EXEMPT • Process areas and roadways – NOT EXEMPT • Employee parking lot – EXEMPT • See also EPA’s PACs guidance (http://www.epa.gov/tri/guide_docs/2001/pacs2001.pdf)

PACS and Benzo(g,h,i)perylene, cont. Quantity required to meet threshold From EPA’s Guidance for Reporting Toxic Chemicals: Polycyclic Aromatic Compounds Category

Polychlorinated Biphenyls (PCBs) • PBT activity threshold: 10 pounds • Manufacturing: PCBs may be manufactured as a product of incomplete combustion (PIC) • Processing: Recycling or reuse of PCBs • Otherwise use: • Adding PCBs into electrical equipment • On-site treating or disposing PCB-contaminated waste received from off-site • Combusting PCB-contaminated oil

Polychlorinated Biphenyls (PCBs) • NOT manufacturing, processing, or otherwise use • On-site disposal or treatment of PCBs not received from off-site • Off-site shipment of PCBs for disposal or treatment • PCB transformers (and similar electrical equipment) are considered exempt as articles if no PCBs released during normal use • Leaks may negate article exemption

Dioxin and Dioxin-like Compounds • PBT activity threshold = 0.1 gram for reporting year! • Dioxins formed as unwanted byproducts when chlorinated materials involved in combustion or other high-temperature processes, such as: • Fossil fuel and wood combustion • Waste incineration • Metallurgical processes • What it takes to exceed the 0.1 gram activity threshold? • 64,500 tons of coal combusted in a utility boiler • 8.33 million gallons of fuel oil combusted in a utility boiler • 1,230 tons copper scrap fed to a secondary copper smelter

Nitrate Compounds • Water dissociable nitrate compounds category • Reportable only when in aqueous solution • For threshold determinations, use weight of entire nitrate compound • Calculate only weight of nitrate ion portion when reporting releases and other waste management quantities on Form R • Nitrate compounds are produced most commonly when nitric acid is neutralized or in biological treatment of wastewater • Intake water exemption may apply for nitrates drawn from environmental sources

Quiz Question Placeholder Quiz #3 Question 1 1) A facility neutralizes 20,000 lb of nitric acid (HNO3) with sodium hydroxide (NaOH) in an on-site wastewater treatment system. The neutralization is 100% complete and generates sodium nitrate (NaNO3), which is discharged to a nearby water body. The molecular weight (MW) of HNO3 = 63 and the MW of NaNO3 = 85. 1 mole of HNO3 generates 1 mole of NaNO3. Does the facility exceed the manufacturing threshold for nitrate compounds? YES NO Answer: Yes. The quantity of nitrate compounds manufactured = (quantity of HNO3 neutralized)*(MW of NaNO3 / MW of HNO3) NaNO3 manufactured = (20,000 lb)*(85/63) = 26,984 lb (rounded to 27,000 lb) The 25,000 lb manufacturing threshold for non-PBT chemicals is exceeded, so the facility must submit a TRI form for nitrate compounds.

Quiz Question Placeholder Quiz #3 Question 2 2) In the previous example, should the facility report 27,000 lb of nitrate compounds as being released to a stream or water body (Section 5.3 on Form R)? YES NO Answer: No. Releases of nitrate compounds are reported on nitrate ion (NO3-) basis. Based on molecular weights (NaNO3 = 85, NO3- = 62), 62 lb of nitrate ion are generated for every 85 lb of nitrate compounds. To calculate the quantity of nitrate ion released to the water body in the example described above: (lb of NaNO3)*(MW of NO3- / MW of NaNO3) = (26,984 lb)*(62/85) = 19,682 lb (rounded to 20,000 lb) So, the facility would report 20,000 lb as released to the water body on its Form R for nitrate compounds, not the 27,000 lb manufactured.

Ammonia Guidance • Ammonia • Requires threshold determination and release and other waste management quantity calculations for aqueous ammonia from any source (i.e., anhydrous ammonia placed in water or water dissociable ammonium salts) be based on 10% of the total ammonia present in aqueous solutions • Anhydrous ammonia - include 100% for thresholds and releases • Including air releases from aqueous ammonia • Effective RY 1994

Threshold Guidance Reminder: • For threshold determinations, the definitions of “manufacture,” “process,” and “otherwise use” currently do not include Section 313 chemicals that are: • Remediated • Treated in wastes generated on site • Stored • Recycled on-site for use on-site, unless recycled for use as part of a different threshold activity • Transfers sent off-site for further waste management (not including recycling) • These activities do not constitute threshold activities, but may not be exempt from reporting if threshold is exceeded through other activities unless specifically eligible for one of the reporting exemptions

Threshold Guidance - Combustion • Section 313 chemicals may be coincidentally manufactured during combustion of: • Oil • Coal • Natural gas • Waste • Other materials • Any Section 313 chemicals in fuel considered otherwise used

Threshold Guidance - Combustion Reminder: • Section 313 chemicals coincidentallymanufactured (including from exemptotherwise use activities) must beconsidered towards the manufacturingthreshold • Includes acid aerosols and metal compoundsmanufactured as by-products of fuel combustion

Acid Aerosols • Hydrochloric and sulfuric acids have a chemical qualifier…they are reportable only if in the aerosol form. • These aerosols are common combustion products of coal and other fuels combustion. • Threshold determination for closed-loop acid reuse systems (sulfuric and hydrochloric acid only). • Acid aerosol manufactured and otherwise used • Simplified method of estimating quantity for threshold determination: Total Amount of Acid in Reuse System Total Virgin Acid Added in RY Amount Acid Aerosols Manufactured/Otherwise Used + = Closed-Loop AcidReuse System • See EPA’s Guidance for Reporting Sulfuric Acid and Guidance for Reporting Hydrochloric Acid for specific calculations

Threshold Guidance - Recycling Recycling as a Process Activity • The recovery of a listed Section 313 chemical for further distribution in commerce or commercial use is “processing” of that chemical • The off-site transfer of a listedSection 313 chemical forrecycling is “processing” of thatchemical

Threshold Guidance - Recycling Off-Site Recycling vs. Off-site Reuse • Materials sent off-site for direct reuse: • Considered processed • NOT reported on Form R • Materials sent off-site for recycling: • Considered processed • Report on Form R

Exemption Guidance Reminder: • Section 313 chemicals in fuels added to motor vehicles not operated by facility do not qualify for the motor vehicle maintenance exemption • Considered toward processing threshold • Laboratory activities exemption only applies to certain activities that take place in a laboratory

TRI Process – 2 Part Process Threshold Determinations Release/Waste Mgmt. Reporting Identify total releases and off-site transfers Complete Form R Determine the quantity of Section 313 chemicals and how they are manufactured, processed, or otherwise used on-site for the reporting year Identify Section 313 chemicals manufactured, processed, or otherwise used at the site Identify other waste management practices Complete Final QA/QC Identify pollution prevention activities Submit to EPA & State If Thresholds Exceeded…

Estimating Quantities Released • Consider all sources (routine and non-routine) • Reasonable estimates are required by law • Best approach by facility may need to be determined • Data and approach must be documented, and should be consistent

Tools and Data Sources for Release Calculations • Previous year Form R reports and documentation (if available) • Process flow diagrams • Environmental monitoring data • Permit applications • EPCRA, CERCLA, RCRA, NPDES, CAA and other env. reports • Waste management manifests, invoices, and waste profiles • Engineering calculations and other notes • EPA guidance

Techniques for Estimating Chemical Quantities • One of the following “Basis of Estimate” codes must be listed on the Form R for each release and waste management quantity reported: • Use of monitoring data (M) • Mass balance calculation (C) • Use of published emission factors (E) • Engineering calculations (O) • Everything NOT M, C, or E above, such as: • Best engineering judgement • Equipment efficiency specs • Non-chemical-specific and non-published emission factors • Use the code on the Form R for the method used to estimate the largest portion of the release

EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA) Section 313