Toxic Release Inventory (TRI) AGA TechForum Salt Lake City, UT October, 2012

1. Toxic Release Inventory (TRI) AGA TechForum Salt Lake City, UT October, 2012 www.texasmolecular.com

2. Toxic Release Inventory (TRI) • What is TRI • Criteria for participation in TRI • EPA Use of TRI • Importance to Galvanizers • TRI Reporting Determination • Common Screening Errors • Suggestions www.texasmolecular.com

3. TRIWhat is TRI • Established in 1986 after Bhopal incident. • “Emergency Planning and Community Right to Know Act,” (EPCRA). • Emergency Plans • Emergency Coordinators • Inform Community • Report management of chemicals including emissions and waste • Almost 700 chemicals and chemicals from categories. There has been continual expansion of chemicals and reduction in reporting thresholds www.texasmolecular.com

4. TRI Criteria • Be in a regulated North American Industrial Classification System (NAICS) category, and • Employ 10 or more people, and • Use one or more chemicals in Section 313 Chemicals or Chemical Categories that are greater than the threshold. www.texasmolecular.com

5. TRIEPA Use of TRI • EPA Using TRI to Support Environmental Justice. • Co-sponsoring webinars with environmental activists to “address environmental justice concerns and expand TRI among current and potential users who work on environmental justice issues.” • The TRI fits with well with the well documented priority of environmental just by the EPA Administrator, Lisa Jackson • EPA Using Fines to Enforce TRI (sample of fines) • Tenaris Coiled Tubes. 2 Texas Plants. Failure to properly report chemicals including lead, chromium, and zinc. $717,324 payment agreement. • Maverick Tube. 3 plants. Fines totaling $320,000. • Hydril Company. 2 plants. Fines totaling $250,000. • Cosmoflex, Hannibal, MO. Paid $80,000 settlement (barium and zinc) • Electronic Evolution Technologies. $80,000 settlement (lead) • Other enforcements: www.epa.gov/compliance/resources/newsletters/civil/enfalert/trireports.pdf www.epa.gove/tri/stakeholders/enforcement/enforce.html www.texasmolecular.com

6. EPA Use of TRI, continued • EPA investigating waste disposal sites • US Ecology, Idaho. Paid $184,000 settlement. • At least one other disposal site under investigation concerning TRI irregularities • Concern: investigations can extend beyond disposal site to those shipping to it and vice versa. www.texasmolecular.com

7. TRIImportance to Galvanizers • Galvanizers are part of a regulated NAICS Code, typically 332812. • Many Galvanizers employ more than 10 people • Many Galvanizers may meet thresholds for Section 313 Chemicals or Special Categories. • Chemicals used by Galvanizers • Hydrochloric acid (aerosol forms only) • Sulfuric acid (aerosol forms only) • Zinc metal (dust form only) • Zinc compounds, N982, if greater than 1% deminimus threshold • Lead Compounds, N420, if greater than 100 lbs/year (Persistent, Bioaccumulative Toxic (PBT) chemical) • Chrome Compounds, N090, if greater than 1% or .1% deminimus for Chrome III and VI respectively www.texasmolecular.com

8. TRITRI Reporting Determination • TRI Screening Tool: https://cdxnode64.epa.gov/cdx-tri-threshold/action/Home • Confirm NAICS code • Confirm size threshold • Confirm chemicals: http://epa.gov/tri/chemicals • TRI reporting, forms and instructions: http://epa.gov/tri/report/index.htm www.texasmolecular.com

9. TRI Common Screening Errors • Failing to distinguish between metals and metal category compounds. A number of chemical compound categories are subject to reporting (e.g., copper compounds). When reporting for one of these chemical categories, all individual members of a category that are manufactured, processed, or otherwise used must be counted. Further, the parent metal (e.g., copper) is listed separately from the category (e.g., copper compounds). Individually listed toxic chemicals are subject to their own, individual threshold screenings. • Overlooking threshold activities once one of the thresholds is exceeded. Once one of the thresholds (i.e., manufacturing, processing, and otherwise use) for a toxic chemical is exceeded, releases and other waste management activities for that chemical are reportable for all non-exempt activities and sources. www.texasmolecular.com

10. TRICommon Screening Errors, continued • Failing to understand the scope of the exemptions. The regulations provide that in certain circumstances a particular quantity of a toxic chemical may be eligible for an exemption. For example, the regulations provide for a laboratory exemption, an articles exemption, a personal use exemption, and others. If you are not familiar with the exemptions, EPA strongly encourages you to visit the "More on Exemptions" guidance contained in the Assistance Library before taking any of the exemptions. • Not taking advantage of the guidance provided by the TRI Program. EPA has developed a selection of guidance documents, some of which generally address the reporting requirements, and others, which are industry-specific or chemical-specific. www.texasmolecular.com

11. TRISuggestions • Know your TRI • Strive to be accurate. EPA is levying large fines. • Use EPA Screening Tool • Check for changes in TRI listings and thresholds • Check with suppliers and disposal sites regarding their use of information regarding TRI chemicals • Consult with environmental professionals concerning questionable areas www.texasmolecular.com

12. TRI Thank you Frank Marine fmarine@texasmolecular.com Website: www.texasmolecular.com www.texasmolecular.com