WELCOME

1. TOXIC RELEASE INVENTORY (TRI) CUSTOMIZED ENVIRONMENTAL TRAINING WELCOME

2. INSTRUCTOR Insert Instructor Name Here

3. OBJECTIVES • Discuss Who Must Report Toxic Chemical Releases. • Discuss What Must Be Reported. • Discuss the Types of Chemicals That Are to be Reported. • Discuss Reporting Exemptions. • Explain How to Determine Thresholds. • Discuss Releases. • Discuss Trade Secrets. • Describe EPA’s Form A and Form R. • Discuss Source Reduction. • Discuss Recordkeeping.

4. GOALS • Understand Who Must Report Toxic Chemical Releases. • Understand What Must Be Reported. • Understand the Types of Chemicals That Are to be Reported. • Understand Reporting Exemptions. • Be Familiar With How to Determine Thresholds. • Understand the Different Types of Releases. • Understand How To Report Trade Secrets. • Be Familiar With EPA’s Form A and Form R. • Understand Source Reduction. • Be Familiar With Required Recordkeeping.

5. BACKGROUND • In 1984, a chemical release in Bhopal India killed thousands of people. • In 1998, 61,234 industries reported a total of 7.3 billion pounds of hazardous chemicals released to the air, land and water in the United States.

6. LEARNERS • Supervisors • Facility Engineers • Maintenance Personnel • Department Managers • Building Occupants • Process Specialists • Environmental and Safety Committees

7. OVERVIEW The goal of this course is to provide supervisors with the tools needed to prepare a Toxic Chemical Release Inventory (TRI). It recommends practical, actions that can be carried out by facility management, maintenance personnel and building occupants. The course will help you in preparing this annual requirement and help your facility personnel better understand the EPCRA 313 process.

8. WHAT THIS COURSE DOES NOT DO The course is not intended to provide every answer to TRI reporting. This course provides only the framework for TRI. This course does provide sources of additional help at the end of the course. For complex questions beyond the scope of this course, it is recommended that additional training or outside assistance be solicited.

9. Sections 311 and 312 of EPCRA require businesses to report the locations and quantities of chemicals stored on-site to state and local governments. Section 313 requires businesses to report the more than 600 designated toxic chemicals released to the environment. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT

10. Pertinent Regulation: 40 CFR 372 Toxic Chemical Release Reporting: Community Right-To-Know FEDERAL REGULATIONS

11. Facility owners/operators that have on their premises chemicals designated under EPCRA as “extremely hazardous substances” must cooperate with state and local planning officials in preparing comprehensive emergency plans (Sections 302 and 303); Facility owners/operators must report accidental releases of, “extremely hazardous substances” and CERCLA “hazardous substances” to state and local response officials (Section 304); and Facility owners/operators must make Material Safety Data Sheets (MSDSs) available to officials and must also report, to local and state officials, inventories (including locations) of chemicals on their premises for which MSDSs exist (Sections 311 and 312). SOME OF THE RESPONSIBILITIES UNDER EPCRA

12. Section 313 of EPCRA requires certain businesses to submit reports each year on the amounts of toxic chemicals their facilities release into the environment, either routinely or as a result of accidents. The purpose of this reporting requirement is to inform government officials and the public about releases of toxic chemicals into the environment. Section 313 requires facilities to report releases to air, water, and land. The reports must be sent to the U. S. EPA and to designated state agencies. Reports are due by July 1 each year. Those who fail to report as required are subject to civil penalties of up to $27,500 a day. SECTION313

13. A plant, factory, or other facility is subject to the provisions of Section 313 if it meets all three of the following criteria: 1. It is included in a covered Standard Industrial Classification (SIC) code A facility must report to TRI if it conducts manufacturing operations within SIC codes 20 through 39 and or if it is in one of the following industries: metal mining, coal mining, electrical utilities, RCRA Subtitle C hazardous waste treatment and disposal facilities, chemical distributors, petroleum terminals, and solvent recovery services WHO MUST REPORT

14. 2. If it has 10 or more full-time employees (or the equivalent 20,000 hours per year 3. It manufactures, imports, processes, or otherwise uses any of the toxic chemicals listed by EPA in amounts greater than the “threshold” quantities specified below. At present, there are more than 650 chemicals and chemical categories are covered. The list is subject to change by the EPA Administrator who can add or delete chemicals from the list WHO MUST REPORT

15. Information reported by facilities includes: Basic information identifying the facility Name and telephone number of a contact person Environmental permits held Amounts of each listed chemical released to the environment at the facility Amounts of each chemical sent from the facility to other locations for recycling, energy recovery, treatment, or disposal Amounts of each chemical recycled, burned for energy recovery, or treated at the facility WHAT MUST BE REPORTED TO TRI

16. Maximum amount of chemical present on-site at the facility during the year Types of activities conducted at the facility involving the toxic chemical, and Source reduction activities. WHAT MUST BE REPORTED TO TRI

17. Thresholds are specified amounts of toxic chemicals used during the calendar year that trigger reporting requirements. If you manufacture or import any of the listed toxic chemicals, the threshold quantity will be: 25,000 pounds over the calendar year. If you process any of the listed toxic chemicals, the threshold quantity will be: 25,000 pounds over the calendar year. If you otherwise use any of the listed toxic chemicals (without incorporating it into any product or producing it at the facility), the threshold quantity is: 10,000 pounds over the calendar year. THRESHOLDS

18. Manufacture– means to produce, prepare, import, or compound one of the toxic chemicals on the list. For example, if you make a dye for clothing by taking raw materials and reacting them, you are manufacturing the dye. You would also be covered if you were a textile manufacturer who imported a dye on the list for purposes of applying it to fabric produced at your plant. MANUFACTURE

19. Process – in general, is the incorporation of a toxic chemical into a product and includes making mixtures, repackaging, or using a chemical as a feed-stock, raw material, or starting material for making another chemical. Examples of processing include: – Adding a solvent to dilute when making a paint, coating, or other mixture; – Using a chemical as reactant in the manufacture of a pesticide (e.g., using chemical A to make chemical B). PROCESS

20. Otherwise Use– applies to any use of a toxic chemical at a covered facility that is not covered by the terms “manufacture” or “process” and includes use of a toxic chemical contained in a mixture or trade name product. This includes disposal, stabilization, and treatment for destruction if the facility that conducted these activities received the toxic chemical for purposes of waste management. Examples include: Using a metal cutting fluid that contains diethanolamine; Using a heat transfer fluid containing biphenyl; Using trichloroethylene to degrease tools; Using chlorine in waste water treatment; Using Freon 113 as a refrigerant to cool process streams. OTHERWISE USE

21. Facility - all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person. Warehouses on the same site as covered facilities are covered at the same threshold levels. Stand-alone warehouses that do not support a covered operation are not currently covered. The reporting thresholds apply to toxic chemicals known by the owner or operator to be used in amounts above the thresholds. Section 313 requires suppliers of mixtures and trade name products to notify customers of the presence of Section 313 listed toxic chemicals in their products above certain de minimis concentrations. FACILITY

22. EPA has compiled a list of more than 650 chemicals. This list grows each year. How EPA lists some of the Toxic Release Chemicals: CAS Number Chemical De Minimis % 7664-41-7 Ammonia 1.0 7440-38-2 Arsenic .1 7440-39-3 Barium 1.0 7440-47-3 Chromium 1.0 7440-48-4 Cobalt .1 7440-50-8 Copper 1.0 CHEMICALS

23. The top 20 chemicals released in 1998 were: Zinc compounds Styrene Nitrate compounds Hydrochloric acid Methanol Phosphoric acid Ammonia Methyl ethyl ketone Manganese compounds Chromium compounds Toluene Carbon disulfide Xylene (mixed isomers) Dichloromethane n-Hexane Glycol ethers Copper compounds Lead compounds Chlorine Ethylene These chemicals accounted for 2.376 billion pounds. CHEMICALS

24. Section 313 requires reporting on the toxic chemical categories listed on the following slides, in addition to the more than 650 specific toxic chemicals mentioned previously. The metal compounds listed unless otherwise specified, are defined as including any unique chemical substance that contains the named metal (e.g., antimony, nickel, etc.) as part of that chemical's structure. Toxic chemical categories are subject to the 1 percent de minimis concentration unless the substance involved meets the definition of an OSHA carcinogen in which case the 0.1 percent de minimis concentration applies. CHEMICAL CATEGORIES

25. Antimony Compounds Arsenic Compounds Barium Compounds Beryllium Compounds Cadmium Compounds Chromium Compounds Cobalt Compounds Copper Compounds Cyanide Compounds CHEMICAL CATEGORIES

26. Diisocyanates Ethylenebisdithiocarbamic acid, salts and esters Certain Glycol Ethers Lead Compounds Manganese Compounds Mercury Compounds Nickel Compounds Nicotine and salts Nitrate compounds CHEMICAL CATEGORIES

27. Polybrominated Biphenyls (PBBs) Polychlorinated alkanes Polycyclic aromatic compounds (PACs) Selenium Compounds Silver Compounds Strychnine and salts Thallium Compounds Warfarin and salts Zinc Compounds CHEMICAL CATEGORIES

28. Qualifers are only reportable if in listed form. 1. Aluminum (fume or dust) - Only if in a fume or dust. 2. Aluminum oxide (fibrous forms) - Only if in a fibrous form. 3. Ammonia – Only 10 percent of aqueous forms. 100 Percent of anhydous forms. 4. Asbestos (friable) - Only if it is a friable form. CHEMICAL QUALIFIERS

29. 5. Hydrochloric acid - Only if it is an aerosol form. 6. Phosphorus (yellow or white) - Only if it is a yellow or white. 7. Sulfuric acid (acid aerosols) - Only if it is an aerosol form as defined. 8. Vanadium (fume or dust) - Only if it is in a fume or dust form. 9. Zinc (fume or dust) - Only if it is in a fume or dust form. CHEMICAL QUALIFIERS

30. The qualifier for the following two chemicals is based on the chemical activity rather than the form of the chemical. Both are subject to EPCRA section 313 reporting requirements only when the indicated activity is performed. 1. Isopropyl alcohol (manufacturing - strong acid process, no supplier notification.) The qualifier is “Only if it is being manufactured by the strong acid process.” 2. Saccharin (manufacturing, no supplier notification) The qualifier is “Only if it is being manufactured.” Manufactures of these chemicals do not need to notify their customers that these are reportable EPCRA section 313 chemicals. CHEMICAL QUALIFIERS

31. Under certain circumstances, some or all of the reporting requirements under Section 313 may not apply to a facility. The following are the major exemptions: De minimis Articles Laboratory Activities Other Exemptions EXEMPTIONS

32. De minimis concentrations of a toxic chemical in certain mixtures. In determining whether the amount of a toxic chemical used at your facility exceeds the EPA reporting threshold, you are not required to count the amount of chemical present in a mixture if its concentration is less than 1 percent of the mixture, or its concentration is less than 0.1 percent of the mixture when the chemical is defined by the Occupational Safety and Health Administration (OSHA) as carcinogenic. DE MINIMIS

33. Articles. In considering whether a reporting threshold has been exceeded, you are not required to count toxic chemicals present in articles processed or used at your facility. An “article” is a manufactured item: (1) which is formed to a specific shape or design during manufacture; (2) which has end use functions dependent in whole or in part upon its shape or design during end use; and (3) which does not release a toxic chemical under normal conditions of processing or use of that item at the facility or establishments. ARTICLE

34. Laboratory Activities. In considering whether a reporting threshold has been exceeded, you are not required to count toxic chemicals that are manufactured, processed, or otherwise used for research or quality control in a laboratory at a covered facility under the supervision of a technically qualified individual. This exemption does not apply to production, processing, or the use of toxic chemicals in laboratories for distribution in commerce or in pilot plant scale operations. LABORATORY ACTIVITIES

35. Other Exemptions. You are not required to count toxic chemicals that are used at your facility for any of the following purposes: As a structural component of the facility; In routine janitorial or facility grounds maintenance; In foods, drugs, cosmetics, or other items for personal use, including supplies of such items (for example, in a facility-operated cafeteria); In motor vehicle maintenance (including motor fuel); In process water and non-contact cooling water as drawn from the environment or from municipal sources, or in air used either as compressed air or as part of combustion. OTHER EXEMPTIONS

36. Owners of Leased Property. The owner of a covered facility is not subject to reporting under Section 313 if the owner’s only interest in the facility is ownership of the real estate upon which the facility is operated. However, the operator of the facility must report if the criteria are met. OWNERS OF LEASED PROPERTY

37. Compare quantities of EPCRA Section 313 chemicals that you manufacture, process, or otherwise use to the respective thresholds for those activities. EPA has worksheets, or you can make up your own similar to the ones on the following slides that will assist you in determining whether your facility has exceeded any of the reporting thresholds. Worksheets are not required and the completed worksheet(s) should not accompany Form R reports submitted to EPA and the State. DETERMINING THRESHOLDS

38. DETERMINING THRESHOLDS

39. DETERMINING THRESHOLDS

40. DETERMINING THRESHOLDS

41. DETERMINING THRESHOLDS • Threshold determinations of EPCRA Section 313 chemicals that are reused at facilities are based only on the amount of the EPCRA Section 313 chemical that is added during the year, NOT the total volume in the system. • This does not apply to EPCRA Section 313 chemicals "recycled" or "reused" off-site and returned to a facility. Such EPCRA Section 313 chemicals returned to a facility are treated as the equivalent of newly purchased material for purposes of Section 313 threshold determinations.

42. EPCRA defines a release as any “spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. Under Section 313, covered facilities are required to take into account in their reports all toxic chemicals entering each environmental medium (e.g., “routine” and “accidental” releases.) Reporting under Section 313 includes the total amount of the toxic chemicals, both routine, operational and accidental releases. RELEASES

43. Air Emissions. Releases to air are reported either as point source or fugitive emissions. Point source emissions, also referred to as stack emissions, occur through confined air streams, such as stacks, vents, ducts, or pipes. Fugitive emissions are all releases to air that are not released through a confined air stream. Fugitive emissions include equipment leaks, evaporative losses from surface impoundments and spills, and releases from building ventilation systems. RELEASES

44. Surface Water Discharges. Releases to water include discharges to streams, rivers, lakes, oceans, and other bodies of water. This includes releases from contained sources, such as industrial process outflow pipes or open trenches. Releases due to runoff, including stormwater runoff, are also reportable to TRI. RELEASES

45. Underground Injection. Underground injection is the subsurface emplacement of fluids through wells. TRI chemicals associated with manufacturing, the petroleum industry, mining, commercial and service industries, and federal and municipal government-related activities may be injected into Class I, II, III, IV, or V wells, if they do not endanger underground sources of drinking water (USDW), public health, or the environment. RELEASES

46. On-site Land Releases. On-site releases to land occur within the boundaries of the reporting facility. Releases to land include disposal of toxic chemicals in landfills, land treatment/application farming, surface impoundments, and other land disposal methods or releases to land. Facilities separately report amounts released to RCRA subtitle C landfills from amounts released to other on-site landfills. RELEASES

47. For any EPCRA Section 313 chemical whose identity is claimed as trade secret, you must submit to EPA two versions of the substantiation form One set of reports, the "unsanitized" version, should provide the actual identity of the EPCRA Section 313 chemical. The other set of reports the "sanitized" version, should provide only a generic identity of the EPCRA Section 313 chemical. If EPA deems the trade secret substantiation form valid, only the sanitized set of forms will be made available to the public. TRADE SECRETS

48. Businesses must report Pesticides and Other Persistent Bioaccumulative Toxic (PBT) Chemicals. Required to Report if: Facility manufactures 100 pounds of that PBT chemical during the calendar year. Facility processes 100 pounds of that PBT chemical during the calendar year. Facility otherwise uses 100 pounds of that PBT chemical during the calendar year. PBT REPORTING

49. The owner or operator of a covered facility must report annually. Reports must be submitted on or before July 1 and cover activities that occurred at the facility during the previous calendar year. EPA will provide a reporting form (EPA Form A or Form R) with instructions and technical guidance on how to calculate toxic chemical releases or emissions from your facility. You are not required to measure or monitor releases for purposes of Section 313 reporting. You may use readily available data to report the quantities of chemicals that you use and the amounts released into the environment. HOW TO REPORT

50. This is based on an alternate threshold for facilities with low amounts of an EPCRA Section 313 chemical in waste. The Form A serves as an alternate to Form R, such that completion of the Form A is in lieu of Form R. The Form A consists of two parts, but only consists of a total of two pages. Part I, Facility Identification Information, which also includes the "certification" regarding the eligibility to use the Form A; and Part II, Chemical Identification The Form A may be used to report multiple chemicals. A complete report for Form A consists of at least two pages for each submission. FORM A