vvEPA
United States
Environmental Protection Agency
Office of Pollution
Prevention and Toxics
Washington, DC 20460
January 1999
EPA 745-B-99-006
EPCRA Section 313
Industry Guidance
PETROLEUM TERMINALS AND BULK
STORAGE FACILITIES
Section 313 of the
Emergency Planning and
Community Right-to-Know Act
Toxic Chemical Release Inventory
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&EPA
Office of Pollution
United States Prevention and Toxics.
Environmental Protection Agency Washington, DC 20460
January 1999
EPA 745-B-99-006
EPCRA Section 313
Industry Guidance
PETROLEUM TERMINALS AND BULK
STORAGE FACILITIES
Section 313 of the
Emergency Planning and
Community Right-to-Know Act
Toxic Chemical Release Inventory
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TABLE OF CONTENTS
OVERVIEW iii
Acknowledgment v
Chapter 1 - Introduction 1-1
1.0 PURPOSE 1-1
1.1 Background on EPCRA 1-2
Chapter 2 - Reporting Requirements 2-1
2.0 PURPOSE 2-1
2.1 Must You Report? 2-1
2.2 Definition of "Facility" 2-3
2.3 SIC Code Determination 2-4
2.4 Number of Employees 2-7
2.5 Manufacturing, Processing, and Otherwise Use of EPCRA Section 313
Chemicals 2-10
2.6 Activity Thresholds ..2-11
2.7 How Do You Report? 2-13
2.8 Form R 2-13
2.9 Form A 2-14
2.10 Trade Secrets 2-15
2.11 Recordkeeping 2-15
Chapter 3 - EPCRA Section 313 Threshold Determinations 3-1
3.0 PURPOSE 3-1
3.1 Step 1 - Determining which EPCRA Section 313 chemicals are manufactured
(including imported), processed, or otherwise used 3-1
3.2 Step 2. Determining the quantity of each EPCRA Section 313 chemical
manufactured (including imported), processed, or otherwise used 3-7
3.2.1 Concentration Ranges for Threshold Determination 3-19
3.2.2 Evaluation of Exemptions 3-21
3.2.2.1 Laboratory Activities Exemption 3-21
3.2.2.2 De Minimis Exemption 3-22
3.2.2.3 Article Exemption 3-23
3.2.2.4 Exemptions that Apply to the Otherwise Use of EPCRA Section
313 Chemicals 3-24
3.2.3 Additional Guidance on Threshold Calculations for Certain
Activities 3-27
3.2.3.1 On-site Reuse Activities 3-27
3.2.3.2 Remediation Activities 3-27
3.3 Step3. Determine which EPCRA Section 313 chemicals exceed a threshold 3-27
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Chapter 4 - Estimating Releases and Other Waste Management Quantities 4-1
4.0 PURPOSE 4-1
4.1 General Steps for Determining Releases and Other Waste Management
Activities 4-3
4.1.1 Step 1: Identify Potential Sources of Chemical Release and Other Waste
Management Activities 4-3
4.1.2 Step 2: Prepare a Process Flow Diagram 4-5
4.1.3 Step 3: Identify On-Site Releases, Off-Site Transfers and On-Site Waste
Management Activity Types 4-5
4.1.4 Step 4: Determine the Most Appropriate Method(s) to Develop the
Estimates for Releases and Other Waste Management Activity Quantities
and Calculate the Estimates 4-16
4.1.4.1 Monitoring Data or Direct Measurement (code M) 4-17
4.1.4.2 Mass Balance (code C) 4-18
4.1.4.3 Emissions Factors (code E) 4-19
4.1.4.4 Engineering Calculations (code O) 4-20
4.1.4.5 Estimating Releases and Other Waste Management Quantities 4-21
4.1.5 Other Form R Elements 4-24
4.1.5.1 Maximum Amount On-Site (Part n, Section 4.1 of Form R) . 4-24
4.1.5.2 Production Ratio or Activity Index (Part H, Section 8.9 of
Form R) 4-24
4.1.5.3 Source Reduction (Part II, Sections 8.10 and 8.11 of Form R) 4-25
4.2 Calculating Release and Other Waste Management Estimates at Petroleum Bulk
Storage Facilities 4-26
4.2.1 Fugitive Air Emissions, Section 5.1 of Form R 4-27
4.2.2 Stack or Point Source Air Emissions, Section 5.2 of Form R 4-33
4.2.3 Discharges to Receiving Streams or Water Bodies, Section 5.3 of Form R;
and Discharges to Publicly Owned Treatment Works (POTWs), Section
6.1 of Form R 4-34
4.2.4 Disposal to Land On-site, Section 5.5 of Form R 4-38
4.2.5 Transfers Off-site, Section 6.2 of Form R 4-39
4.2.6 On-site Waste Management Methods, Section 7A, 7B, and 7C of
Form R 4-39
4.2.7 Source Reduction and Recycling Activities, Section 8 4-40
4.2.8 Source Reduction Activities, Section 8.10 4-41
Appendix A A-l
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OVERVIEW
On May 1, 1997, the U.S. Environmental Protection Agency (EPA) promulgated a final
rule (62 PR 23834) adding several new industrial sectors to the list of facilities subject to the
Emergency Planning and Community Right-To-Know Act (EPCRA) Section 313 reporting
requirements. Facilities affected by this rule are subject to the annual reporting requirements
beginning with activities conducted during the 1998 calendar year, with their first reports due by
July 1,1999.
This document supersedes the document entitled Section 313 Emergency Planning and
Community Right-to-Know Act, Guidance for Petroleum Bulk Facilities, dated October 1997. It
is intended to assist establishments and facilities designated by Standard Industrial Classification
(SIC) code 5171 (petroleum bulk stations and terminals) in making compliance determinations
under the EPCRA Section 313 reporting requirements and preparing Form R(s) or the Form A
certification statement(s) as required. The EPCRA Section 313 program is commonly referred to
as the Toxic Chemical Release Inventory (TRI) program.
The principal differences in the new document include the following:
More detailed examples;
Additional interpretive guidance prepared by EPA on various issues specific to
petroleum bulk storage facilities;
Industry process issues not discussed in the earlier document; and
General format changes for program consistency.
This document is designed to be a supplement to the Toxic Chemical Release Inventory
Reporting Forms and Instructions (TRI Forms and Instructions), issued annually. It is organized
to provide a step-by-step guide to compliance with EPCRA Section 313, starting with how you
determine if your facility must report through completion of the Form R or Form A. While
certain information provided in this document may be used as a reference, specific information
available to facilities, such as amounts of chemicals in mixtures and other trade name products
used at the facility, may be more accurate and more appropriate for use in developing threshold
determinations and estimating releases and other waste management amounts. Under EPCRA
Section 313, facilities are instructed to use the best "readily available data" or when such data are
not available, "reasonable estimates", in fulfilling their reporting requirements. This document is
organized in the following manner.
Chapter 1 serves as an introduction to TRI reporting and provides a brief background on
the Emergency Planning and Community Right-to-Know Act and information on where to obtain
additional compliance assistance.
Chapter 2 begins with how to determine if your facility must report. This determination is
based on your answers to a series of four questions:
1. Is your facility's primary SIC code on the EPCRA Section 313 list?
2. Does your facility employ ten or more full time equivalent employees?
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3. Does your facility manufacture, process, or otherwise use any EPCRA Section 313
chemicals?
4. Does your facility exceed any of the activity thresholds for an EPCRA Section 313
chemical?
If the answer to ANY ONE of the four questions above is "No" you are not required to
submit an EPCRA Section 313 report. If you answer "Yes" to ALL four questions, the next step
is determining which form(s), Form R or Form A, your facility should file. Chapter 2 provides
detailed information on the requirements for each kind of submission.
Chapter 2 concludes with a discussion on how you address trade secrets in your reporting
and the kinds of records you should be keeping to support your reporting.
Chapter 3 discusses how you calculate the activity thresholds (manufacture, process, and
otherwise use) for the EPCRA Section 313 chemicals. Information is provided on how you
determine which EPCRA Section 313 chemicals your facility manufactures, processes, or
otherwise uses and how you calculate the quantities of each. Detailed information is also
provided on the various exemptions.
Chapter 3 concludes with a discussion of how to determine which EPCRA Section 313
chemicals exceed a reporting threshold, including focused discussions on issues specific to
petroleum bulk storage facilities .
Chapter 4 discusses how you calculate the release and other waste management amounts
for those EPCRA Section 313 chemicals for which you must prepare a report. This chapter
provides a step-by-step approach designed to minimize the risk of overlooking an activity
involving an EPCRA Section 313 chemical and any potential sources or types of releases and
other waste management activities that your facility may conduct. This procedure consists of the
following steps:
Identification of potential sources of EPCRA Section 313 chemicals released and
otherwise managed as wastes;
Preparation of a detailed process flow diagram;
Identification of the potential types of releases and other waste management
activities from each source; and
Determination of the most appropriate methods for estimating the quantities of
listed EPCRA Section 313 chemical releases and other waste management
activities.
The main part of Chapter 4 is organized around activities common to petroleum bulk
storage facilities where EPCRA Section 313 chemicals are manufactured, processed, or
otherwise used. A list of EPCRA Section 313 chemicals likely to be managed by petroleum bulk
storage facilities; process descriptions; guidance on thresholds determinations; release and other
waste management estimation techniques; and problems these types of facilities are likely to face
in complying with EPCRA Section 313 are also presented in this chapter.
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This document includes examples of chemical management activities that petroleum bulk
storage facilities may conduct, illustrating how these activities should be considered for EPCRA
Section 313 reporting purposes. This chapter also notes areas where potential errors in reporting
might be encountered generally by petroleum bulk storage facilities, which are based on
information from written comments received from industry representatives as well as from
comments made by participants in EPA-sponsored EPCRA workshops.
ACKNOWLEDGMENT
EPA would like to recognize the valuable contributions made by the staff at the Petroleum
Transportation and Storage Association (PTS A), whose industry insight and understanding of
EPCRA Section 313 requirements have greatly assisted in increasing the utility of this document.
Special thanks go to Mark Morgan, Executive Director of PTS A.
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Chapter 1 - Introduction
1.0 PURPOSE
The purpose of this guidance document is to assist petroleum bulk storage facilities in SIC
code 5171 to comply with the reporting requirements of Section 313 of the Emergency Planning
and Community Right-to-Know Act of 1986 (EPCRA) and of Section 6607 of the Pollution
Prevention Act of 1990 (PPA), commonly referred to as the Toxic Release Inventory (TRI). On
May 1, 1997, EPA promulgated a rule (62 PR 23834) to require petroleum bulk storage facilities,
along with other industry groups, to be included on the list of facilities subject to the EPCRA
Section 313 reporting requirements. The new facilities are subject to annual reporting
requirements beginning with activities occurring in the 1998 calendar year, with the first reports
due by July 1,1999.
This document explains the EPCRA Section 313 and PPA Section 6607 reporting
requirements (collectively referred to as the EPCRA Section 313 reporting requirements) and
discusses specific release and other waste management activities encountered at many facilities in
this industry. Because each facility is unique, the recommendations presented may have to be
adjusted to the specific nature of operations at your facility.
This document supersedes the document entitled Section 313 Emergency Planning and
Community Right-to-Know Act, Guidance for Petroleum Bulk Storage Facilities, dated October
1997.
The document is intended to supplement the Toxic Chemical Release Inventory Reporting
Forms and Instructions (TRI Forms and Instructions) document which is updated and published
annually by the U.S. Environmental Protection Agency (EPA). It is essential that you use the
most current version of the TRI Forms and Instructions to determine whether (and how) you
should report. Changes or modifications to TRI reporting requirements are reflected in the annual
TRI Forms and Instructions and should be reviewed before compiling information for the report.
The objectives of this manual are to:
Clarify EPCRA Section 313 requirements for industry;
Increase the accuracy and completeness of the data being reported by petroleum
bulk storage facilities; and
Reduce the level of effort expended by those facilities that prepare an EPCRA
Section 313 report.
While it is not possible to anticipate every potential issue or question that may apply to
your facility, this document attempts to address those issues most prevalent or common to
petroleum bulk storage facilities. Facilities should also rely on EPA's Estimating Releases and
Waste Treatment Efficiencies for the Toxic Chemical Release Inventory Form document to assist
in providing complete and accurate information for EPCRA Section 313 reporting. Additional
discussion addressing specific issues can be found in EPA's current version of EPCRA
Section 313 Questions and Answers. All of these documents are available on the EPA's TRI
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website (http://www.epa.gov/opptintr/tri) or by contacting the EPCRA Hotline at 1-800-424-
9346. In the Washington, DC metropolitan area, call 703-412-9810. The EPCRA Hotline TDD
number is 1-800-553-7672, or in the Washington, D.C. metropolitan area, call 703-412-3323.
1.1 Background on EPCRA
One of EPCRA's primary goals is to increase the public's knowledge,of, and access to,
information on both the presence and release and other waste management activities of EPCRA
Section 313 chemicals in their communities. Under EPCRA Section 313, certain facilities (see
SIC code discussion, Chapter 2.3) exceeding certain thresholds (see Chapter 2.5) are required to
submit reports (commonly referred to as Form Rs or Form A certification statements) annually for
over 600 EPCRA Section 313 chemicals and chemical thresholds and the amounts that enter an
environmental medium or are otherwise managed as waste, even if there are no releases and other
waste management quantities associated with these chemicals. Chemicals are considered by EPA
for inclusion on the EPCRA Section 313 list based on their potential for acute health effects,
chronic health effects, and environmental effects. Chemicals may be added or deleted from the
list. Therefore, before completing your annual report, be sure to check the most current list
included with the TRI Forms and Instructions when evaluating the chemicals managed at your
facility. Copies of the reporting package can be requested from the EPCRA Hotline, as indicated
above, or from the Internet at http://www.epa.gov/opptintr/tri/report.htm.
All facilities meeting the EPCRA Section 313 reporting criteria must submit either a Form
R or Form A. A separate submission is required for each EPCRA Section 313 chemical or
chemical category that is manufactured (including imported), processed, or otherwise used above
the reporting threshold. Reports must be submitted to EPA and State or Tribal governments, on
or before July 1, for activities hi the previous calendar year. The owner/operator of the facility on
July 1 of the reporting deadline is primarily responsible for the report, even if the owner/operator
did not own the facility during the reporting year. However, property owners with no business
interest in the operation of the facility, for example, owners of an industrial park who only have a
real estate interest, are not responsible for any reporting requirements.
EPCRA also mandates that EPA establish and maintain a publicly available database
consisting of the information reported under Section 313, and applicable PPA information. This
database, known as the Toxic Chemical Release Inventory (TRI), can be accessed through the
following sources:
National Library of Medicine (NLM) TOXNET on-line system;
EPA's Internet site, http://www.epa.gov/opptintr/tri;
Envirofacts Warehouse Internet site, http://www.epa.gov/enviro/tris-
overview.html;
CD-ROM from the Government Printing Office (GPO);
Microfiche in public libraries;
Magnetic tape and diskettes from the National Technical Information Service; and
EPA's annual TRI data release materials (summary information).
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In addition to being a resource for the public, TRI is also used in the research and
development of regulations related to EPCRA Section 313 chemicals.
Alternative Submission (Form A)
To reduce the burden for facilities that must comply with EPCRA Section 313, EPA has
established an alternate threshold of one million pounds manufactured, processed, or otherwise
used for facilities with total annual reportable amounts of 500 pounds or less of the EPCRA
Section 313 chemical. Provided the facility does not exceed either the reportable amount or the
alternate threshold, the facility may file a certification form (Form A) rather than a Form R. By
filing the Form A, the facility certifies that it did not exceed the reportable amount or exceed the
alternate threshold. (See Chapter 2.9 for more detail.)
Note that the annual reportable amount includes the quantity of EPCRA Section 313
chemicals in all production-related waste management activities, not just releases (see the waste
management discussion in Chapter 4 for more detail). Also, a covered facility must submit either
a Form A or a Form R for each EPCRA Section 313 chemical exceeding an applicable reporting
threshold, even if there are no releases and other waste management quantities. ,
Enforcement
Violation of Section 313 reporting provisions may result in federal civil penalties of up to
$27,500 per day. State enforcement provisions may also be applicable depending on the state's
adoption of any "EPCRA Section 313-like" reporting regulations.
Regulatory Assistance Resources
The TRI Forms and Instructions also contain a discussion of common problems in
completing the Form R. You are encouraged to read this section before filling out the Form R (or
Form A) for your facility. If, after reading both the TRI Forms and Instructions and this guidance
document, you still have questions about EPCRA Section 313 reporting, please contact the
EPCRA Hotline at 1-800-424-9346. Assistance is also available from the designated EPCRA
Section 313 Coordinator in the EPA regional office and the EPCRA contact in your state (see the
TRI Forms and Instructions for a current list of these contacts). Appendix C contains a list of
additional reference sources.
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Chapter 2 - Reporting Requirements
2.0 PURPOSE
The purpose of this chapter is to help you determine whether you must prepare an EPCRA
Section 313 submission(s) and, if so, what kind of a submission(s) you should prepare (Form R or
Form A). This chapter presents the EPCRA Section 313 reporting requirements to help you
determine whether these requirements apply to your facility. It also discusses the records that you
must keep. The following terms and concepts are described in this chapter to help you understand
the scope of Section 313 reporting and determine whether you need to report, including:
Definition of facility;
SIC code determination;
Employee determination;
Definitions of manufacture, process, and otherwise use; and
Determination of whether you exceed one of the thresholds.
2.1 Must You Report?
How do you determine if your facility must prepare an EPCRA Section 313 report? This
is decided by your answers to the following four questions (illustrated by Figure 2-1):
1) Is the primary SIC code(s) for your facility included in the list covered by EPCRA
Section 313 reporting (see Chapter 2.3)?
2) Does your facility employ 10 or more full time employees or the equivalent (see
Chapter 2.4)?
3) Does your facility manufacture (which includes importation), process (which
includes repackaging), or otherwise use EPCRA Section 313 chemicals (see
Chapter 2.5)?
4) Does your facility exceed any applicable thresholds of EPCRA Section 313
chemicals (25,000 pounds per year for manufacturing; 25,000 pounds per year for
processing (see Table 3-5 for threshold determinations based on gallonage); or
10,000 pounds per year for otherwise use - see Chapter 3)?
If you answered "No" to any of the four questions above, you are not required to prepare
any submissions under EPCRA Section 313. If you answered "Yes" to ALL of the first three
questions, you must perform a threshold determination for each EPCRA Section 313 chemical at
the facility, and submit a Form R or Form A for each chemical exceeding a threshold.
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Is Your Facility in a Covered SIC Code?
(See Chapter 2.3)
XYE«
Does Your Facility Have 10 or More Full-
Time Employees or the Equivalent?
(See Chapter 2.4)
JYES
Does Your Facility Manufacture, Process, or
Otherwise Use Any EPCRA Section 313
Chemicals?
(See Chapter 2.5)
Does Your Facility Exceed Any of the
Thresholds for a Chemical (after excluding
quantities that are exempt from threshold
calculations)?
(See Chapter 3)
XYES
AN EPCRA SECTION 313 REPORT IS
REQUIRED FOR THIS CHEMICAL
Jyss
NO
NO
NO
NO
STOP
NO EPCRA SECTION 313
REPORTS REQUIRED
FOR ANY CHEMICALS
Is the amount manufactured, OR processed, OR otherwise used less than or equal to 1,000,000 pounds. AND
is the reportable amount less than or equal to 500 Ibs/yr?
(See Chapters 2.7,2.8, and 2.9)
FORM A or FORM R IS REQUIRED FOR
THIS CHEMICAL
FORM R IS REQUIRED FOR THIS
CHEMICAL
(FORM A CANNOT BE SUBMITTED)
Figure 2-1. TRI Reporting Determination Diagram
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2.2 Definition of "Facility"
To understand the applicability of EPCRA Section 313, you must first understand how
EPCRA defines a facility. The term "facility" is defined as "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 (or by any person which controls, is controlled
by, or is under common control with such person). A facility may contain more than one
establishment" (40 CFR 372.3). An "establishment" is defined as "an economic unit, generally at
a single physical location, where business is conducted, or services or industrial operations are
performed" (40 CFR 372.3).
EPA recognizes that some facilities have unique and separate activities ("establishments")
taking place at the same facility, and for some of these facilities it may be easier and more
appropriate for individual establishments to manage their chemical usage and management
information separately. EPA provides for these cases and allows individual establishments at the
same facility to report separately. However, for threshold determinations, quantities of EPCRA
Section 313 chemicals manufactured, processed, or otherwise used in all establishments in that
facility must be combined and considered together. Also, the combined releases and other waste
management activities reported separately for each establishment must equal those for the facility
as a whole.
Example - Multiple Establishments ' , _ ^ "
- - - ., , ": ' - < 1 Jl '_." '. '.'- .~~ -:~/^+lr*
Your facility has several different establishments, all with SIC codes covered by EPCRA Section 313.' One
establishment repackaged arid distributed into commerce oil product containing 20,000 pounds of an EPCRA ' -
Section 313 chemical during the year/Another establishment blended 7,000 pounds of the same chemicaTitt a
fuel blending process during the same year. Both activities constitute "processing" of the EPCRA Section 313
chemical (as presented in Section 2,5 and described in detail in Chapter 3) and the total quantity processed at '
the facility exceeded the 25,000 pound processing threshold for the year. If your facility meete'thejanployee
threshold, you must file a Form R format chemical, EPA allows multi-estabpshment facilities tq,submit Form
Rs from each establishment for an EPCRA Section 313 chemical when thresholds have been exceeded at-the f
facility level. Please note that Form A eligibility is also made at the facility-level, but only one Form A can be
submitted per chemical for the entire facility. « > . " " ' * - * - , ~ "-
Contiguous and/or Adjacent Facilities. In defining the parameters of your facility, you
must consider all buildings and other stationary items located on multiple contiguous or adjacent
sites that are owned or operated by the same person for EPCRA reporting purposes. For
example, an industrial park could contain a manufacturing company and a solvent recovery
operation, both operated independently, but owned by the same parent company. Since the two
establishments are contiguous or adjacent to each other, they are considered one "facility." The
amount of each EPCRA Section 313 chemical manufactured, processed, or otherwise used and
the number of employees must be aggregated for all of these contiguous or adjacent sites to
determine whether the entire facility meets reporting thresholds. If a company's operations are
carried out at two distinctly separate, physical sites that are not contiguous or adjacent, that
company is operating two separate facilities for the purposes of EPCRA reporting. The company,
therefore, must make SIC code, employee, threshold determinations, and if appropriate, release
and other waste management estimates individually for each facility.
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If two establishments owned or operated by the same company are connected to each
other by a piece of property that is owned by one of the establishments or the same parent
corporation, or if they are separated by an easement (e.g., railroad tracks, public road, public
catchment basin), they are still considered to be contiguous or adjacent and are therefore part of
the same facility. Both "establishments" may report together as the same facility or they may
report separately provided threshold determinations are based on activities at the entire facility
and that the sum of the releases of the establishments reflects the total releases of the whole
facility. Facility operations that are not connected to each other by a piece of property, that is
commonly owned, controlled, or operated by the same person(s), are not considered contiguous
and may be considered two separate facilities. However, if these operations are relatively near
each other, they may be considered adjacent; in which case, they would be part of the same
facility.
Example - Separate Facilities
Two covered bulk petroleum stations owned by the same parent company are connected to each other by
a pipeline some distance apart from each other. The parent company controls the easement of the
pipeline but the land on which the pipeline rests is not owned by the parent company. For the purposes of
reporting on the Form R, are the two stations considered two separate faculties?
Yes. Since the two bulk petroleum stations are not contiguous or adjacent properties and are connected only by a
pipeline, the two stations are considered two separate facilities with the same owner, even though the parent
company controls the easement on which the pipeline is located.
2.3 SIC Code Determination
Facilities with the SIC codes presented in Table 2-1 are covered by the EPCRA
Section 313 reporting requirements. For assistance in determining which SIC code best suits your
facility, refer to Standard Industrial Classification Manual, 1987, published by the Office of
Management and Budget.
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Table 2-1
SIC Codes Covered by EPCRA Section 313 Reporting
-, ' - ;'- ^>- -'-.\ ;"ICffiieIndi^Sei^irs,;. ~ ."' */ V ->-.'"
SIC Codes
10
12
20 through 39
491 1,4931, and 4939
4953
5169
5171
7389
Industry
Metal Mining
Coal Mining
Manufacturing
Electric and Other Services and
Combination Utilities
Refuse Systems
Chemicals and Allied Products
Petroleum Bulk Stations and
Terminals
Business Services
Qualifiers
Except SIC codes 1011, 1081, and 1094
Except SIC code 1241
None
Limited to facilities that combust coal
and/or oil for the purpose of generating
electricity for distribution in commerce
Limited to facilities regulated under
RCRA Subtitle C
None
None
Limited to facilities primarily engaged
in solvent recovery services on a contract
or fee basis
While you are currently required to determine your faculty's reporting eligibility based on
the SIC code system described above, it is important to be aware that the SIC code system will be
replaced by a new system in the future. On April 9,1997 (62 PR 17287), the Office of
Management and Budget promulgated the North American Industrial Classification System
(NAICS). NAICS is a new economic classification system that replaces the SIC code system as a
means of classifying economic activities for economic forecasting and statistical purposes. The
transition to the new NAICS may require statutory and/or regulatory actions. As a result, the SIC
code system is still required to be used as the mechanism to determine your facility's reporting
eligibility. EPA will issue notice in the Federal Register to inform you and other EPCRA Section
313 facilities of its plans to adopt the NAICS and how facilities should make their NAICS code
determination.
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Example - SIC Code Determination
Many bulk petroleum stations operating in some Midwestern states sell their petroleum products directly
to end users. These plants typically sell to fanners and construction companies, as welt as state and local
governments. Generally, the products are transferred to the customer in quantities of 500 'gallons or less.
For these facilities, distribution to retail facilities may make up approximately 5 percent of their overall
business. Are these faculties considered bulk wholesale distributors of petroleum products, or are they
more appropriately classified in retail trade and therefore not covered under EPCRA Section 313?
Based on these facts, the facilities are properly classified in SIC code 5171 (bulk petroleum stations and
terminals) and not SIC code 5541(gasoline service stations). Therefore, these facilities must comply with the
reporting requirements of EPCRA Section 313. According to the SIC Code Manual (198? ed)
"...establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, ,
commercial, institutional, farm, construction contractors, or professional business users; or other wholesalers; or
acting as agents or brokers in buying or selling merchandise to such persons or companies" are properly
classified in Division F, Wholesale Trade, SIC code 5171, and are therefore covered under EPCRA Section 313,
beginning with the reporting year 1998.
Primary SIC Code Determination. Assuming your facility has several establishments with
different SIC codes that are owned or operated by the same entity, you will need to determine if
your facility has a primary SIC code that is subject to EPCRA Section 313. Your facility is
subject to EPCRA Section 313 reporting requirements if:
All the establishments have SIC codes covered by EPCRA Section 313; OR
The total value of the products shipped or services provided at establishments with
covered SIC codes is greater than 50% of the value of the entire facility's products
and services; OR
Any one of the establishments with a covered SIC code ships and/or produces
products or provides services whose value exceeds the value of services provided
or products produced and/or shipped by all of the other establishments within the
facility on an individual basis.
Example - Primary SIC Code
A facility is made up of two establishments. The first establishment, a petroleum bulk storage operation, which
has 100,000 gallons of storage capacity, is in SIC code 5171 and is regulated under EPCRA Section 313. The
second establishment, a petroleum products wholesaler, in SIC code 5172, is not within an SIC code covered by
EPCRA Section 313. The facility then determines that the value added by the petroleum products wholesaler is
worth $500,000/year whereas the value of the petroleum bulk storage operation is $l,500,000/year. The value
of the covered establishment is more than 50% of the facility's value; therefore, the primary SIC code
determination is such that the entire facility is subject to EPCRA Section 313 reporting.
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.'.''. ' POSSIBLE ERROR - Multi-Establishment Facilities " , * *'.Y * , ,
/--..' - - - - :. ^ -rrf~~ ^ . """;<; *'_->'
In the above example, the."mulu-establishmenf facility should not overlook the EPCRA Section 313 chemicals
in the petroleum products at the petroleum products wholesaler operations. Once your facility facets the SIC,
code and employee threshold criteria, facility personnel are required to consider all non-exempt activities in all
establishments in its threshold and release and other waste management calculations. "' >"-'-,
To determine the value of production or service attributable to a particular establishment,
you can subtract the product or service value obtained from other establishments from the total
product or service value of the facility. This procedure eliminates the potential for "double
counting" production or service in situations where establishments are engaged in sequential
production activities at a single facility.
Auxiliary Facilities Some companies may own and/or operate a non-contiguous and
non-adjacent facility that primarily supports a covered EPCRA Section 313 facility. These
auxiliary facilities assume the SIC code of a covered facility that it directly supports. For
example, an off-site warehouse that directly supports a covered petroleum bulk terminal (SIC
code 5171) must assume the SIC code 5171 itself. For the purposes of EPCRA Section 313,
auxiliary facilities must be engaged in performing support services for another facility or
establishment within a covered facility. Therefore, if an auxiliary facility's primary function is to
support/service a covered petroleum bulk storage facility, the auxiliary facility may assume the
SIC code of the main facility and may then be covered by the EPCRA Section 313 reporting
requirements for purposes of the facility's SIC code.
, / '' Example - Auxiliary Facilities « "
A retail gas station sells only products supplied by one covered bulk petroleum station. Is the retail gas
station considered an auxiliary facility and therefore does it take on the covered SIC code of the bulk
petroleum station? . - f _'-..',.-"
No. While the retail gas station sells only products supplied by the covered bulk petroleum station it is not
an auxiliary facility because it does not support the operation of the bulk petroleum station (i.e., die retail
sale of gasoline and other petroleum products is a distinctly separate activity that'benefits the gas station
as opposed to benefitting the bulk petroleum station). An auxiliary facility is one that supports another ':
facility's activities. An auxiliary facility can assume the SIC code of another covered facility if its
primary function is to serve that other covered facility's operations. ~ " / ' ~,
2.4 Number of Employees
Facilities must also meet or exceed the 10 or more full-time employees or equivalent
criterion to be subject to EPCRA Section 313 reporting requirements. A full-time employee
equivalent is defined as a work year of 2,000 hours. If your facility's staff (including contractors
and certain other non-company personnel) work 20,000 or more hours in a calendar year, you
meet the 10 or more full-time employee criterion. While many facilities may easily exceed this
criterion, your facility may be small or highly automated and your on-site staff may be small. In
these cases, in particular, you should carefully consider all personnel supporting your operations,
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including other operations at establishments at the facility, to determine if you meet the 10 or
more full-time employee criterion.
If you have determined that your facility is covered and it is made up of multiple
establishments, you must include the hours worked by employees in all establishments for the
overall facility's employee threshold. For example, if your petroleum bulk terminal also has a
retail gas service station and convenience store on-site, and you have determined that the primary
SIC code of the facility is 5171, then the hours worked by employees at the gasoline service
station and convenience store must be included in the "facility's" employee hour calculation when
considering if the employee threshold has been exceeded.
Hours worked by employees who happen to be on-site who directly support another
facility do not have to be counted at the facility where they are "temporarily" located, such as a
sales representative supporting other facilities, provided that the facility can demonstrate through
time keeping records that the time worked by such an employee was in support of another facility.
The following personnel and time should be included in your employee calculations:
Owners working at the facility;
Operations staff;
Clerical staff;
Temporary employees;
Sales personnel;
Truck drivers (employed by the facility);
Other off-site facility employees directly supporting the facility;
Paid vacation and sick leave; and
Contractor employees (excluding contract truck drivers).
In general, if an individual is employed or hired to work at the facility, all the hours
worked by that individual must be counted in determining if the 20,000 hour criterion has been
met.
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" 1"" '"" f Example - Calculating Employees' ,
>"" **" --1 ~ ~ 7 '"' " ,*>K'\ -: ' '",', ..«'.-'* / '"9 employees^x 2,000 hours/year * 18,000 hours! *" " .-' *" , *
year are:
Hours for the construction crew are:
"I-1 " __, ^4c"ohtractbrsx 1,000k>urs = ^
This is a total of 22,000 hours for the year, which is above me 20,000 hours/year'threshold; therefore, you meet
,*&e employee criterion. " J , - ' ^ 5" * '* " - / ' "" ' - - ,. ./ *^ ."'
POSSIBLE ERROR» Construction Workers and Maintenance Service Contractors
Remember to include construction workers and maintenance service contractorsJn your employee threshold
calculation. ' <=>'" * "- , -7 ""? ^*. "ii i^'
* Example - Truck Jobbers , " '"
^ ^ ^ ~~^5"^^""i«^«^^i^^-^^.^^.^^ » t «
^1(A ^- ~ * i < £ ^ Ve, ii * X^ ~. *J"J'fK S X
A petroleum-bulk terminal contracts with truck jobbers who purchase its petroleum products. The4erminal has *
no direct control over the activities of rne.truck drivers. Are the hours worked by these jobbers and their drivers
'at the petroleum terminal counted towards the terminal's employee threshold calculation?
No. The hours worked by'the truck jobbers do not directly "support the terminal. The jobbers,purchase the
petroleum produces and function as customers to the terminal, The terminal has processed the petroleum
product at the point that the jobbers take possession of the petroleunlproducts.
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2.5 Manufacturing. Processing, and Otherwise Use of EPCRA Section 313 Chemicals
If you have determined that your facility meets the SIC code and employee threshold
determinations, you must determine what EPCRA Section 313 chemicals are manufactured,
processed, or otherwise used at your facility during the reporting year and whether an activity
threshold was exceeded. This section of the chapter will introduce the terms and concepts behind
this determination; whereas, Chapter 3 will take you through a detailed step-by-step process to
determine whether you need to report for any EPCRA Section 313 chemicals.
Identifying Chemicals. If you are in a covered SIC code and have 10 or more full-time
employee equivalents, you must determine which EPCRA Section 313 chemicals are
manufactured, processed, or otherwise used at your facility in excess of threshold quantities. To
assist in doing this, you should prepare a list of all chemicals manufactured, processed, or
otherwise used by all establishments at the facility, including the chemicals present in mixtures and
other trade name products and managed in wastes received from off-site. This list should then be
compared to the CURRENT list of EPCRA Section 313 chemicals found in the TRI Forms and
Instructions document for that reporting year (available from the EPCRA Hotline, 1-800-424-
9346 or at the website: http://www.epa.gov/opptintr/tri). In addition to the individually listed
chemicals, the list of EPCRA Section 313 chemicals includes several chemical categories
(discussed in detail in Chapter 3). You must include chemical compounds that are members
included in any of these categories when evaluating activities at the facility for threshold
determinations and release and waste management calculations. Once you identify the EPCRA
Section 313 chemicals and chemical categories at your facility, you must evaluate the activities
involving each chemical or chemical category and determine whether any activity thresholds have
been met.
Note that the chemicals listed under EPCRA Section 313 are periodically added, delisted,
or modified. Therefore, it is imperative that you refer to the appropriate reporting year's list.
Also, note that a list of synonyms for EPCRA Section 313 chemicals can be found in the EPA
publication Common Synonyms for Chemicals Listed Under Section 313 of the Emergency
Planning and Community Right-To-Know Act (updated March 1995). Table 2-2 lists EPCRA
Section 313 chemicals that may be commonly processed or otherwise used at petroleum bulk
storage facilities.
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Table 2-2
EPCRA Section 313 Chemicals Commonly Processed or Otherwise Used
by Petroleum Bulk Storage Facilities
4 «$» * ,3?^
Gasoline
No. 6 Fuel Oil
Crude Oil
No. 2 Fuel
Oil/Diesel Fuel
Lubricating Oils
Kerosene
Aviation Gas
Jet Fuel (JP-4)
Solvents
Cleaning/
Disinfectant Uses
»rolp^^ $13 Chemicals {pely tofte;^ : ^
"* ? ^ ^ >, -^ ^ ^>^ ^ ^^ ^-^ NV =
%|
Benzene, ethylbenzene, MTBE, -hexane, toluene, 1,2,4-trimethylbenzene,
xylene (mixed isomers)
(PACs)
Benzene, n-hexane, xylene (mixed isomers)
n-Hexane, 1,2,4-trimethylbenzene
Zinc compounds
Toluene
Benzene, toluene, xylene (mixed isomers)
Benzene, cyclohexane, n-hexane, toluene, xylene (mixed isomers)
n-Butyl alcohol, dichloromethane, -hexane, phosphoric acid,
cyclohexane, and tert-butyl alcohol
Chlorine, chlorine dioxide, formaldehyde, nitric acid, phosphoric acid,
1 , 1 , 1 -trichloroethane
and
2.6 Activity Thresholds
There are three activity thresholds for the EPCRA Section 313 chemicals defined in
EPCRA Section 313: manufacturing (which includes importing), processing, and otherwise use.
The activity thresholds are 25,000 pounds per year for manufacturing, 25,000 pounds per year for
processing, and 10,000 pounds per year for otherwise use. These thresholds apply to each
chemical individually. The determination is based solely on the quantity actually manufactured
(including imported), processed, or otherwise used. Only the amounts of the listed EPCRA
Section 313 chemical that meet activity definitions are considered towards threshold
determinations. Any other amounts not considered to be manufactured, processed, or otherwise
used are not considered toward threshold determinations. For example, EPCRA Section 313
chemicals that are brought on-site (excluding amounts imported) and stored for future use or
disposal, but are not incorporated into a product for distribution or are not otherwise used on-site
during the reporting year, are NOT considered towards any activity threshold for that reporting
year.
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More detailed explanations of threshold activities (manufactured, processed, or otherwise
used), with examples of each are found in Chapter 3, Tables 3-2, 3-3, and 3-6. These terms are
briefly defined in Table 2-3, with a detailed discussion to follow:
Table 2-3
Activity Thresholds
Threshold
Definition
Threshold
Obs/yr)
Manufacture
To produce, prepare, import, or compound an EPCRA Section 313 chemical.
"Manufacture" applies to an EPCRA Section 313 chemical that is produced
coincidentally during the manufacture, processing, otherwise use, or
disposal of another chemical or mixture of chemicals as a byproduct or
impurity. Examples would be the production of ammonia or nitrate
compounds in a wastewater treatment system or the creation of metal
compounds during the combustion of coal.
25,000
Process
The preparation of an EPCRA Section 313 chemical, after its manufacture,
for distribution in commerce:
(1) In the same form or physical state as, or in a different form or
physical state from, that in which it was received by the person so
preparing such chemical; or
(2) As part of an article containing the EPCRA Section 313
chemical.
For example, if you receive a mixture containing an EPCRA Section 313
chemical and package it, including transferring from storage tank to a tank
truck, and then distribute it into commerce, this chemical has been processed
by your facility.
25,000
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Threshold
Definition
Threshold
(Ibs/yr)
Otherwise
Use
Generally, use of an EPCRA Section 313 chemical that does not fall under
the manufacture or process definitions is classified as otherwise use. An
EPCRA Section 313 chemical that is otherwise used is not intentionally
incorporated into a product that is distributed in commerce, but may be used
instead as a manufacturing or processing aid (e.g., catalyst), in waste
processing, or as a fuel (including waste fuel). For example, methanol used
as a cleaning solvent is classified as otherwise used.
Otherwise use means "any use of a toxic chemical contained in a
mixture or other trade name product or waste, that is not covered by
the terms "manufacture" or "process." Otherwise use of an EPCRA
Section 313 chemical does not include disposal, stabilization
(without subsequent distribution in commerce), or treatment for
destruction unless the:
1) EPCRA Section 313 chemical that was disposed, stabilized, or
treated for destruction was received from off-site for the purposes of
further waste management; or
2) EPCRA Section 313 chemical that was disposed, stabilized, or
treated for destruction that was manufactured as a result of waste
management activities on materials received from off-site for the
purposes of further waste management activities."
10,000
There are some activities which do not meet the definitions of manufacture, process, or
otherwise use. For instance, storage, relabeling, or redistribution of an EPCRA Section 313
chemical where no repackaging occurs does not constitute manufacturing, processing, or
otherwise use of that chemical. This type of activity should not be included in threshold
calculations. In addition, transfers of EPCRA Section 313 chemicals in wastes for energy
recovery, treatment, or disposal are not considered "distribution into commerce." For example, if
you receive an EPCRA Section 313 chemical in waste from off-site and repackage the waste and
send it to a landfill off-site, that activity should not be included in threshold determinations.
Also, note that the threshold determinations for the three threshold activities
(manufacturing, processing, and otherwise use) are mutually exclusive. That is, you must conduct
a separate threshold determination for each threshold activity and if you exceed any threshold, all
releases and other waste management activities of EPCRA Section 313 chemicals at the facility
must be considered for reporting.
2.7 How Do You Report?
You must file a report (Form R) for each EPCRA Section 313 chemical that exceeds a
threshold for manufacturing, OR processing, OR otherwise use (providing you meet the employee
and SIC code criteria). As an alternative, you may file a Form A certification statement rather
than a Form R if you meet certain criteria as explained in Chapter 2.9. The TRI Forms and
Instructions contain detailed directions for the preparation and submittal of Form R and Form A
for each EPCRA Section 313 chemical for the reporting year. The TRI Forms and Instructions
2-13
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arc sent to all facilities which submitted Form Rs or Form As the preceding year. However, if you
do not receive a courtesy copy or did not report in the preceding year, then copies of the TRI
Forms and Instructions can be requested from the EPCRA Hotline (1-800-424-9346) or obtained
from EPA's TRI website (http://www.epa.gov/opptintr/tri).
2.8 FormR
If you are submitting a Form R, it is essential that you use the TRI Forms and Instructions
for the appropriate reporting year. EPA encourages the electronic submittal of the Form R, via
the Automated TRI Reporting System (ATRS). Use of the ATRS saves time in data entry and
photocopying and reduces errors by means of automated validation procedures. The ATRS
produces a certification letter with each validated submission (set of EPCRA Section 313 reports)
which provides for an original signature to certify that the submission is accurate and correct. The
ATRS is available free of charge from EPA's TRI website at http://www.epa.gov/opptintr/afr.
The ATRS is available in both DOS and Windows versions. More information can be
found in the TRI Forms and Instructions, EPA's TRI website, or by calling the ATRS User
Support Hotline at (703) 816-4434.
Each Form R must consist of two parts:
Part L Facility Identification Information. This part of the form provides general
information to identify the facility, including the name and address of the facility, parent
company information, and identification numbers used under reporting regulations. When
submitting hard copies of Form R, this part may be photocopied and re-used for each
Form R you submit, except for the signature which must be original for each Form R; and
Part n. Chemical Specific Information. This part of the form provides chemical-specific
information on the reportable activities, releases, other waste management estimates, and
source reduction activities for the reporting year. This must be completed separately for
each EPCRA Section 313 chemical or chemical category and not reused year to year even
if reporting has not changed.
Submission of incomplete Form Rs may result in an issuance of a Notice of Technical
Error (NOTE), Notice of Significant Error (NOSE), or Notice of Non-compliance (NON). See
the current TRI Forms and Instructions for more detailed information on completing and
submitting the Form R. The ATRS has a validation program which helps to identify and eliminate
many potential data entry errors.
2.9 Form A
EPA developed the Form A, also referred to as the "Certification Statement," to reduce
the annual burden for facilities with lesser amounts of EPCRA Section 313 chemicals released
and/or otherwise managed as a waste, applicable beginning reporting year 1995 and beyond (59
PR 61488; November 30, 1994). A facility must meet the following two criteria in order to use a
Form A:
2-14
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First, the amount of the chemical manufactured, processed, OR otherwise used
cannot exceed 1,000,000 pounds. It is important to note that the quantities for
each activity are mutually exclusive and must be evaluated independently. If the
quantity for any one of the activities exceeds 1,000,000 pounds, a Form A cannot
be submitted.
Second, the total annual reportable amount of the EPCRA Section 313 chemical
cannot exceed 500 pounds per year. The "reportable amount" is defined as the
sum of the on-site amounts released (including disposal), treated, recycled, and
combusted for energy recovery, combined with the sum of the amounts transferred
off-site for recycling, energy recovery, treatment, and/or release (including
disposal). This total corresponds to the total of data elements, 8.1 through 8.7 in
Part n of the Form R (explained in Chapter 4).
"..-I1 <££", 3"V- -';*? ?' f ;*.>"*' ,
r"f'- "^.V^»:'->: --«! ^f:£xampte -:
V/ . ".r, -*J~?tf&.?£:-',
ttovided ttielcqipW^ 84-^.7 of ,{",;^
the FortnjR^doestndt exceSj-'ftpO pouncls, a^^' 'l"";
*'"'"' £" <~ *i~' "
The Form A Certification Statement must be submitted for each eligible EPCRA
Section 313 chemical. The information on the Form A is included in the publicly accessible TRI
database, however these data are marked to indicate that they represent certification statements
rather than Form Rs. Note that separate establishments at a facility cannot submit separate
Form As for the same chemical; rather, only one Form A per EPCRA Section 313 chemical can
be submitted per facility.
Like the Form R, Form A includes facility identification information. However, no release
and other waste management estimations to any media are provided. You must simply certify that
the total annual reportable quantity of the chemical or chemicals addressed in the Form A did not
exceed 500 pounds and that amounts manufactured, or processed, or otherwise used did not
exceed one million pounds. Once a facility has completed estimates to justify the submission of a
Form A, there is a considerable time savings in using the Form A especially in subsequent years
provided activities related with the chemical do not change significantly. It is strongly
recommended that you document your initial rationale and reconfirm it every year to verify that
you have not made any modifications to the process that would invalidate the initial rationale
supporting submission of a Form A.
2-15
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2.10 Trade Secrets
EPCRA's trade secrets provision only applies to the EPCRA Section 313 chemical
identity. If you submit trade secret information, you must prepare two versions of the
substantiation form as prescribed in 40 CFR Part 350, published in the Federal Register on July
29, 1988, (53 FR 28801) as well as two versions of the Form R. One set of forms should be
"sanitized" (i.e., it should provide a generic name for the EPCRA Section 313 chemical identity).
This version will be made available to the public. The second version, the "unsanitized" version,
should provide the actual identity of the EPCRA Section 313 chemical and have the trade secret
claim clearly marked in Part I, Section 2.1 of the Form R or Form A. All other parts of the Form
R or Form A must be filled out accordingly.
Individual states may have additional criteria for confidential business information and the
submittal of both sanitized and unsanitized reports for EPCRA Section 313 chemicals. Facilities
may jeopardize the trade secret status of an EPCRA Section 313 chemical by submitting an
unsanitized version to a state agency or Indian tribe that does not require an unsanitized version.
More information on trade secret claims, including contacts for individual state's
submission requirements, can be found in the most current version of the TRI Forms and
Instructions.
2.11 Recordkeeping
Complete and accurate records are absolutely essential to meaningful compliance with
EPCRA Section 313 reporting requirements. Compiling and maintaining good records will help
you to reduce the effort and cost in preparing future reports and to document how you arrived at
the reported data in the event of an EPA compliance audit. EPA requires you to maintain records
substantiating the Form R or Form A submission for a minimum of three years from the date of
submission. Each facility must keep copies of the Form R or Form A along with all supporting
documents, calculations, work sheets, and other forms that you use to prepare the Form R or
Form A. EPA may request this supporting documentation during a regulatory audit.
Specifically, EPA requires that the following records be maintained for a period of three
years from the date of the submission of a report (summarized from 40 CFR 372.10):
1) A copy of each report that is submitted;
2) All supporting materials and documentation used by the person to make the
compliance determination that the facility or establishment is a covered facility;
3) Documentation supporting the report that is submitted, including documentation
supporting:
Threshold determinations;
Employee threshold determinations (including timesheets);
Claimed allowable exemptions;
2-16
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4)
5)
Calculations for each quantity reported as being released, either on or off
site, or otherwise managed as waste;
Activity use determinations, including dates of manufacturing, processing,
or otherwise use;
Basis of all estimates;
Receipts or manifests associated with transfers of waste to off-site
locations; and
Waste treatment methods, estimates of treatment efficiencies, ranges of
influent concentrations to treatment, sequential nature of treatment steps,
and operating data to support efficiency claims.
All supporting materials used to make the compliance determination that the
facility or establishment is eligible to submit a Form A;
Documentation supporting the Form A, including:
Data supporting the determination that the alternate threshold applies;
Calculations of annual reporting amounts; and
Receipts or manifests associated with the transfer of each chemical in waste
to off-site locations.
Because EPCRA Section 313 reporting does not require additional testing or monitoring,
you must determine the best "readily available data" available source of information to make
reporting determinations. Alternatively, you may use reasonable estimates to make reporting
determinations. The amount and type of data and records will vary from facility to facility.
Examples of records that you should keep, if applicable, include the following:
Each Form R or Form A submitted;
Section 313 Reporting Threshold Worksheets (sample worksheets can be found in
Chapter 3 of this document as well as in the TRI Forms and Instructions);
Engineering calculations and other notes;
Purchase records and MSDSs from suppliers;
Inventory and receipt data;
Analytical results and profiles for wastes received from off site;
NPDES/SPDES permits and monitoring reports;
EPCRA Section 312, Tier II reports;
Monitoring records;
Air permits;
Flow measurement data;
RCRA hazardous waste generator's reports;
Pretreatment reports filed with local governments;
Invoices from waste management firms;
Manufacturer's estimates of treatment efficiencies;
CERCLA Reportable Quantity (RQ) reports;
EPCRA Section 304 follow-up release notifications;
RCRA manifests; and
2-17
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Process flow diagrams (including emissions, releases and other waste management
activities).
2-18
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Chapter 3 - EPCRA Section 313 Threshold Determinations
3.0 PURPOSE
This chapter provides a step-by-step procedure for determining if any EPCRA Section 313
chemicals or chemical categories exceed a reporting threshold at your facility.
Step 1) Determine if you manufacture (including import), process, or otherwise use
any EPCRA Section 313 chemicals.
Step 2) Determine the quantity of each EPCRA Section 313 chemical you
manufacture (including import), process, or otherwise use.
Step 3) Determine which EPCRA Section 313 chemicals exceed a threshold.
3.1 Step 1 - Determining which EPCRA Section 313 chemicals are manufactured
(including imported), processed, or otherwise used
Compiling Chemical Lists. Compile lists of all chemicals, mixtures, or other trade name
products, and wastes at your facility. Petroleum bulk storage facilities may find it helpful to
create two lists: one of chemicals processed in petroleum products, and one of purchased
chemicals otherwise used at the facility. When developing the list of chemicals processed, refer
to information your facility may have or have access to regarding specific chemical constituents
and their concentrations, in combination with information found later in this chapter. For the
otherwise use list, identify the name of each mixture or other trade name product and write the
names of all chemicals contained in each mixture or other trade name product. Next, compare the
individual chemicals on both lists to the current EPCRA Section 313 chemical list found in the
TRI Forms and Instructions (remember that chemicals may be periodically added and deleted so
you should always use the most current instructions). Highlight the EPCRA Section 313
chemicals that are on your list. You must perform threshold determinations for these chemicals.
Review the list to be sure each chemical is shown by its correct EPCRA Section 313
name. For example, a common EPCRA Section 313 chemical found at petroleum bulk storage
facilities is n-hexane. N-Hexane (CAS No. 110-54-3) has several synonyms, including hexane,
hexyl hyride, and Gettysolve-B. It must be reported on Form R (or Form A), Item 1.2, by its
EPCRA Section 313 chemical name, n-hexane. Synonyms can be found in the U.S. EPA's
document Common Synonyms for Chemicals Listed Under Section 313 of the EPCRA (EPA 745-
R-95-008) (updated March 1995). EPA's Automated TRI Reporting System (ATRS) has a pick
list containing a complete list of EPCRA Section 313 chemical and chemical category names and
the corresponding CAS numbers and category codes.
While every chemical and chemical category on the EPCRA Section 313 chemical list
must be considered, certain chemicals are more likely than others to be encountered at petroleum
bulk storage facilities. As a guide, certain chemicals that petroleum bulk storage facilities are
likely to process and/or otherwise use were provided in the previous chapter in Table 2-2. This is
not a comprehensive list of all chemicals that may be processed or otherwise used at petroleum
3-1
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bulk storage facilities, but is merely a starting point for identifying chemicals for threshold
determinations.
Information that is useful in performing threshold determinations and preparing your
reports includes the following:
Mixtures and other trade name products containing EPCRA Section 313
chemicals;
Associated CAS numbers;
Throughput quantities; and
Whether the chemical is manufactured, processed, or otherwise used at the facility
(be sure to include quantities that are coincidentally manufactured and imported, as
appropriate).
Use of Spreadsheets or Databases. A computerized spreadsheet or database may be
helpful in developing your facility's chemical list and performing threshold calculations. The type
of information useful as input in a spreadsheet or database includes the chemical name, mixture or
other trade name product, or waste name with corresponding chemical component,
concentrations, the CAS number, and the yearly quantity manufactured, processed, or otherwise
used. The spreadsheet or database could also be designed to identify the total quantity by activity
threshold (amounts manufactured, processed, and otherwise used) for each EPCRA Section 313
chemical in every waste, mixture, and other trade name product.
Smaller facilities that do not have an established electronic method of tracking their
chemical throughout and waste managed, should consider developing a spreadsheet to assist them
in their chemical management activities. Developing a spreadsheet will require an initial
investment of time; however, the time and effort saved in threshold calculations in subsequent
years can be significant. Such a system will also reduce the potential of inadvertently overlooking
EPCRA Section 313 chemicals that are present in wastes received or mixtures purchased from
off-site sources.
EPCRA Section 313 Chemicals in Purchased Chemicals
To develop the chemical list and identify the associated threshold activities for
purchased chemicals you may want to consult the following:
Material Safety Data Sheets (MSDS);
Facility purchasing records;
Inventory records;
Individual manufacturing/operating functions; and
Operation and process knowledge;
Industry Specifications and Reports.
For purchased chemicals, MSDSs are generally considered to be good sources of
information for the type and composition of chemicals in mixtures and other trade name products.
Petroleum bulk storage facilities may receive MSDSs for any mixtures or other trade name
3-2
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products purchased for the purposes of repackaging, fuel blending, ancillary cleaning operations,
or other operations that require mixtures and other trade name products. As of 1989, chemical
suppliers of facilities in SIC codes 2000 through 3999 are required to notify customers that they
may be subject to EPCRA Section 313 reporting requirements for any EPCRA Section 313
chemicals present in mixtures or other trade name products that are distributed to facilities. The
notice must be provided to the receiving facility and may be attached or incorporated into that
product's MSDS. If no MSDS is required, the notification must be in a letter that accompanies
the first shipment of the product to your facility. This letter must contain the chemical name,
CAS number, and the weight or volume percent of the chemical (or a range) in the mixture or
other trade name product. Beginning with the 1998 reporting year, seven new industries will be
covered by most of the EPCRA Section 313 reporting requirements and, therefore, facilities in
SIC codes 2000 through 3999 will be required to provide these new industries with this supplier
notification information. While the new industries are not required to prepare supplier
notifications for materials that they distribute to their customers, they are encouraged to pass
along the notification to customers receiving these materials who may be subject to EPCRA
Section 313. For more information on supplier notification requirements, see TRI Forms and
Instructions, EPCRA Section 313 Question and Answers, Revised 1998 Version - Appendix A,
Directive 9 (EPA-745-B-98-004), or Supplier Notification Requirements, (EPA-560/4-91-006).
Carefully review the entire MSDS for your purchased chemicals. Although MSDSs must
list whether EPCRA Section 313 chemicals are present, the language and location of this
notification is not currently standardized. Depending on the supplier, this information can be
found in different sections of the MSDS. The most likely sections of an MSDS to provide
information on identity and concentration of EPCRA Section 313 chemicals in purchased
chemicals are:
Hazardous components section;
* Regulatory section;
Physical properties/chemical composition section;
Labeling section; and
Additional information section.
EPCRA Section 313 Chemical List
In order to identify which chemicals are EPCRA Section 313 chemicals, and (in some
cases) the form in which they are reportable, you need to compare your list of chemicals managed
at your facility to the current Section 313 list of chemicals. The most current list of EPCRA
Section 313 chemicals can be found in the TRI Forms and Instructions document for the current
reporting year. The following discussion is a brief overview of the EPCRA Section 313 list of
chemicals, including a description of possible chemical qualifiers.
The original list of EPCRA Section 313 chemicals and chemical categories was comprised
from two lists developed by New Jersey and Maryland. EPA refined the list and anticipates
changes to continue. The list can be modified by an EPA initiative or though a petition process.
When evaluating a chemical for addition or deletion, EPA must consider potential acute and
3-3
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chronic human health effects and adverse environmental effects and the Agency publishes its
findings and any regulatory action through the Federal Register.
The EPCRA Section 313 chemical list includes individually listed chemicals and several
chemical categories. If you meet the SIC code criterion and exceed the employee threshold, you
must file a Form R or Form A for each EPCRA Section 313 chemical or chemical category
manufactured, processed, or otherwise used above threshold quantities. When conducting
threshold determinations for individually listed chemicals, simply compare the amount of that
chemical manufactured, processed, or otherwise used, to each threshold quantity. If you exceed
the threshold, you must file a Form R or Form A for that chemical. When determining thresholds
for chemical categories, you must total the weights of all members of the category, and compare
this sum to each activity threshold. It is important that you compare the amount of compounds in
a category separately to each individual activity threshold (manufacturing, processing, or
otherwise use). If you exceed any of the three activity thresholds for a chemical category, you
must file a Form R or Form A for that chemical category.
Many of the EPCRA Section 313 chemical categories are metal compound categories
(e.g., chromium compounds). Metal compound categories include any unique chemical substance
that contains the metal as part of that chemical's infrastructure. When calculating thresholds for
metal compound categories, you must consider the entire weight of the metal compound, not just
the weight of the parent metal. However, if you exceed an activity threshold for a metal
compound category and you are filing a Form R for that metal compound category, you need only
use the weight of the parent metal when calculating quantities released or otherwise managed as
Waste. Elemental forms of metals (e.g., chromium) are also individually listed on the EPCRA
Section 313 chemical list. You must make separate threshold determinations for the elemental
metal and the metal compound category (e.g., chromium and chromium compounds). If you
exceed thresholds for both the metal and metal compound category, you may submit separate
Form Rs, or one Form R for both the metal and metal compound category. However, if both the
metal and the metal compound qualify for Form A reporting, you must submit separate Form A
certifications for the metal and metal compound category.
Several chemicals on the EPCRA Section 313 chemical list include qualifiers related to use
or form. A few chemicals are reportable ONLY if manufactured by a specified process or in a
specified activity threshold. For example, isopropyl alcohol is only reportable if it is manufactured
using the strong acid process and saccharin is reportable only if it is manufactured. Some other
chemicals are only reportable if present in certain forms. For example, only yellow or white
phosphorus are reportable, while black or red phosphorus are not.
3-4
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., : Example - Lead and Lead Compounds s .
A facility has determined that it needs to report under EPCRA Section 313 for both elemental lead and
lead compounds. Can this facility file one Form R that takes into account both the releases and other,
waste management activities of lead and lead compounds, or is it required to report separately?
If a covered facility exceeds thresholds for both the parent metal and compounds of that same metal, if is J
allowed to file one joint report (e.g.. one report for lead compounds and elemental lead). EPA allows this
because the release and other Waste management information reported in, connection with metal compounds
will be the total pounds of the parent metal released and otherwise managed as a waste. For data management
purposes, EPA requires that the ehemicarcategory name and code be placed on the form R (Sections 1.1 and
',1.2). ' ' - ' - .- <:>-'" ",-,.. '"'",'-.,.,
Examples - Chemical Categories
Example 1 A facility otherwise uses 5,OOOFpounds-df l,34>is(methylisocyanate)-cyclohexane, 3,000
pounds of 1,5-naphthalene diisocyanate, and 3,000'pounds of 2,2,"4-trimethylhexamethylene,diisocyanate. All
three of these chemicals are members of the diisocyanates category, an EPCRA Section, 313 chemical category*
The facility otherwise uses 11,000 pounds of diisocyanates, which exceeds the 10,000 pound threshold.for
otherwise.use. The facility must file a Form R or Form A for diisocyanates category,
* "* ^.,*,'.,'"<.
-------
nitrate, and ammonium chloride) in water and is an EPCRA Section 313 chemical.
You must determine the amount of aqueous ammonia generated from solubilizing
these chemicals in water and apply it toward the threshold for ammonia. EPA has
published guidance on reporting for ammonia, and ammonium salts in EPCRA
Section 313 Question and Answers, Revised 1998 Version - Appendix A, Directive
8. Additionally, ammonium nitrate in aqueous solutions must be included in
threshold determinations and release and other waste management calculations for
the nitrate compounds category. (See below)
Nitrate Compounds (water dissociable; reportable only in aqueous solution) - A
nitrate compound is covered by this listing only when in water and if dissociated.
Although the complete weight of the nitrate compound must be used for threshold
determinations for the nitrate compounds category, only the nitrate ion portion of
the compound must be considered for release and other waste management
determinations. Nitrate compounds are manufactured during the neutralization of
nitric acid and in biological treatment of wastewater. EPA has published guidance
for these chemicals in Water Dissociable Nitrate Compounds Category and
Guidance for Reporting (see Appendix C for more information).
Phosphorus (yellow or white) - Only manufacturing, processing, or otherwise use
of phosphorus in the yellow or white chemical forms require reporting. Black and
red phosphorus are not subject to EPCRA Section 313 reporting.
Asbestos (friable) - Asbestos only need be considered when it is handled in the
friable form. Friable refers to the physical characteristic of being able to crumble,
pulverize, or reduce to a powder with hand pressure.
Aluminum oxide (fibrous) - Beginning with reports for calendar year 1989,
aluminum oxide is only subject to threshold determination when it is handled in
fibrous forms. EPA has characterized fibrous aluminum oxide for purposes of
EPCRA Section 313 reporting as a man-made fiber that is commonly used in high-
temperature insulation applications such as furnace linings, filtration, gaskets,
joints, and seals.
Sulfuric acid and hydrochloric acid (acid aerosols) - EPA delisted non-aerosol
forms of sulfuric acid (CAS No. 7664-93-9) and hydrochloric acid (CAS No.
7647-01-0) from the EPCRA Section 313 chemical list beginning in the 1994 and
1995 reporting years, respectively. Threshold determinations and release and
other waste management estimates now only apply to the aerosol forms. EPA
considers the term aerosol to cover any generation of airborne acid (including
mists, vapors, gas, or fog) without any particle size limitation. Sulfuric acid and
hydrochloric acid (acid aerosols) are manufactured during the combustion of sulfur
containing wastes (for sulfuric acid) and chlorine containing wastes (for
hydrochloric acid). EPA has published guidance for sulfuric acid in Guidance for
Reporting Sulfuric Acid (acid aerosols including mists, vapors, gas, fog, and
other airborne forms of any particle size) (see Appendix C for more information).
3-6
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3.2 Step 2. Determining the quantity of each EPCRA Section 313 chemical
manufactured (including imported), processed, or otherwise used
The next step is to determine the quantities manufactured (including imported), processed,
and otherwise used for each EPCRA Section 313 chemical on your list (developed in Step 1).
Table 3-1 lists the annual reporting thresholds for each of these threshold activities (Tables 3-2
through 3-4 provide detailed definitions of subcategories for each Threshold Activity).
Table 3-1
Reporting Thresholds
Activity ~,
Manufacturing (including importing)
Processing
Otherwise used
Threshold
More than 25,000 pounds per EPCRA
Section 313 chemical
More than 25,000 pounds per EPCRA
Section 313 chemical
More than 10,000 pounds per EPCRA
Section 313 chemical
For each EPCRA Section 313 chemical or chemical category during the reporting year,
each threshold must be individually calculated; they are mutually exclusive and are not additive.
v" Example -Threshold Determination /
" '"'- *"*' ^ ' ' , " 'V ' " . ~
If your facility manufacturers 22,000 pounds of an EPCRA Section 313 chemical and you also otherwise^use
8,000 pounds of the same chemical, you have hot exceeded either activity threshold and an EPCRA Section 3i3
report for that chemical is not required. However, if your facility manufactures 28,000 pounds per year of an
EPCRA Section 313 chemical and otherwise* uses 8,000 pounds of the same chemical, you have exceeded the
manufacturing threshold and alLnon-'exerhpt releases and other waste management activities of that chemical
must be reported ortthe Form R/Jncluding those from the "ptherwise use" activity. lAdditionaliy^you must also
indicate on the Form R in-Part n, Section(s) 3.1, 3.2, and 33, aHlfon-exempt activities involving die reportabkT,
EPCRA Section 313 chemical. ', /- .
-------
Common Error -Threshold Determination
The amount of the EPCRA Section 313 chemical that is actually manufactured (including the quantity
imported), processed, or otherwise used, not the amount in storage or previously disposed, is the amount applied
to the threshold determination. For example, your facility disposes of nickel compounds in an on-site landfill.
The landfill contains hundreds of thousands of pounds of nickel compounds. Over the course of the reporting
year, you dispose of an additional 5,000 pounds of nickel compounds in wastes received from off-site.
example, only the 5,000 pounds that were disposed of in the current year count toward the "otherwise use"
threshold. Therefore, unless you "otherwise use" more than 5,000 pounds elsewhere at the facility, the
"otherwise use" threshold has not been exceeded and you would not have to report for nickel compounds.
Each of the threshold activities is divided into subcategories. As discussed in the TRI
Forms and Instructions, you are required to designate EACH activity and subcategory that
applies to your facility not only those for which a threshold was exceeded.
Manufacturing
Manufacturing means producing, preparing, importing, or compounding an EPCRA
Section 313 chemical. While petroleum bulk storage facilities may not intend to manufacture an
EPCRA Section 313 chemical during its operations, some of the activities could produce EPCRA
Section 313 chemicals that may need to be considered towards the manufacturing threshold. You
will need to consider if EPCRA Section 313 chemicals are produced coincidentally during any of
your operations towards the manufacturing threshold, regardless of whether the chemical only
exists for a short period of time, is destroyed by air control equipment, or is captured as residual
materials. An example would be the production of ammonia or nitrate compounds in a
wastewater treatment system.
The following discussion describes the subsections of manufacturing for reporting
purposes (see Table 3-2), and other manufacturing threshold issues that are relevant to petroleum
bulk storage facilities.
3-8
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Table 3-2
Definitions and Examples of Manufactured Chemicals
-«, hiaBufaetttfe%'Activi^: /
£ v>K**iv 'riL"«'^T' \ v ' "'
*s, ; *? \ ~ Subcategory _ , -,- ^ ,
Produced or imported for on-site
use/processing
Produced or imported for
sale/distribution
Produced as a by-product
Produced as an impurity
^^^ ^' z&afr&r-?** ^'- v-*r
-, - ^ "" '. . .,' , - < , "*?
*" ,t,<" , / '', - 'a, -SO" sKy *-^^lvs*, , *
-Importation of a chemical for use in spill cleanup
activities.
-Toluene in jet fuel (JP-4) imported into the customs
territory of the U.S.
-Any chemical which is produced during the processing of
another chemical that does not remain with the chemical
and is sent off-site for distribution in commerce.
-Any chemical which is produced during the processing of
another chemical that remains with the chemical and is sent
off-site for distribution in commerce.
* More complete discussions of the industry-specific examples can be found in Chapter 4 of this guidance manual.
Chemical Conversions. Perhaps the most overlooked form of manufacturing is chemical
conversions. Any new EPCRA Section 313 chemicals produced as a result of these chemical
conversions must be counted towards the manufacturing threshold. For example, wastewater
treatment is known to form new compounds, notably nitrate compounds. Combustion can also
result in the manufacture of other EPCRA Section 313 chemicals, such hydrogen fluoride,
hydrochloric acid (aerosol), and sulfuric acid (aerosol).
Manufacturing Threshold as it Applies to Chemical Conversion
f - f ^ *,. * J? ! * "* *
The conversion of one metal compound to another metal compound within the same metal compound category
Js considered the "manufacture" of a metal compound, which must be considered toward threshold calculations."
This is identical to how threshold calculations are derived for EPCRA Section 313 chemicals in non-metol
compound categories. The unique aspect for metal compounds, as compared to non-metal compounds within a
compound category, is how amounts released and otherwise managed are reported. As stated in the final rule
(62 PR 23850; May* 1,1997), "if a" metal is converted to a metal compound or if a metal compound "is converted^
to another metal compound, a metal compound has been "manufactured" as defined under EPCRA Section
313," However, provided that thresholds are exceeded, facilities are instructed to report only the amount Of the
parent metal contained in the inetal compounds for amounts released or otherwise managed. Facilities have the
optioiUo submit one Form R that includes the amojunts of the elemental metal from the pkent metal along°with
amounts of the metal portion from the metal compounds on their report, if thresholds for both the elemental * -
metal and its metal compounds have been exceeded, , ' - , - - , ^ rt> * - -
Importing. The "manufacture" threshold includes importing an EPCRA Section 313
chemical if the facility has caused the chemical to be imported. If your facility orders or enters
into an agreement to obtain or accept an EPCRA Section 313 chemical (or a mixture or other
trade name product or waste containing an EPCRA Section 313 chemical) from a source outside
the customs territory of the United States (the 50 states, the District of Columbia, and Puerto
3-9
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Rico) then your facility has imported a EPCRA Section 313 chemical and amounts must be
considered toward the manufacturing threshold. Note that if an entity other than the facility, such
as a third party not directly associated with the facility (e.g., a chemical broker), ordered the
chemical without specific direction from the facility, then that third party has "caused" the
chemical to be imported, and the facility does not need to consider the EPCRA Section 313
chemical toward their manufacturing threshold. Imported chemicals, as well as any others that
undergo a manufacturing activity, may also be subsequently processed and/or otherwise used, and
amounts associated with these activities need to be applied to all appropriate threshold
determinations.
Processing
Processing means preparing an EPCRA Section 313 chemical, or a mixture or other trade
name product containing an EPCRA Section 313 chemical for distribution in commerce (usually
thought of as the intentional incorporation of an EPCRA Section 313 chemical into a product).
Petroleum bulk storage facilities should pay considerable attention to this activity threshold since
much of their operations involve blending and repackaging of petroleum products prior to
distribution off site in commerce. These activities constitute processing, and amounts of EPCRA
Section 313 chemicals "processed" must be considered toward threshold determinations and
release and other waste management calculations.
Perhaps the most pivotal element of the processing definition is that the EPCRA Section
313 chemical must be prepared for distribution into commerce. If a material is produced or
recovered, for use on-site, the material has not been prepared for distribution into commerce, and
thus is not counted towards the processing threshold (see the discussion of otherwise use for the
applicability of chemicals used on-site). In addition, distribution into commerce does not only
mean that the material must be sold to a customer. Distributed in commerce includes any
distributive activity in which benefit is gained by the transfer, even if there is no direct monetary
gain (e.g., intra-company transfers).
Note: In making threshold determinations, facilities are only required to consider amounts
managed at the facility. If a bulk petroleum distribution facility sells products that are not
received at the facility, these amounts are not considered toward threshold determinations. For
example, if a facility sells 5 million gallons of gasoline within a reporting year, but only 3 million
gallons arrive at the facility for subsequent repackaging and distribution, then the facility would
only consider 3 million gallons toward threshold determinations.
The following discussion describes various processing activities for reporting purposes
(see Table 3-3), along with some processing threshold issues that are relevant to petroleum bulk
storage facilities.
3-10
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Table 3-3
Definitions and Examples of Processed Chemicals
*\ ;"*fBt>oc^Tng"JCc^vlty's x s^-
'" , ? :; ^ :,VSubca^|ory ' ! -'* ' "\
As a reactant
As a formulation component
As an article component
Repackaging for distribution into
commerce
* l-/"°-rV'x "i>' «*' *:;'/;./-' "-'
-May not apply to petroleum bulk storage facilities.
-Blending of additives or other agents into gasoline and
aviation fuel prior to distribution into commerce.
-May not apply to petroleum bulk storage facilities
-Transfer of gasoline containing MBTE, benzene and
toluene from bulk storage tanks to tanker trucks for further
distribution in commerce.
* More complete discussions of the industry-specific examples can be found in Chapter 4 of this guidance manual.
Petroleum bulk storage facilities commonly process EPCRA Section 313 chemicals by
adding proprietary additive packages to raw gasoline product prior to distribution off-site.
Facilities that perform these blending activities must consider the EPCRA Section 313 chemicals
in the agents and additives towards the 25,000 pound threshold for processing, even if the
concentration of the additives or agents in the final product distributed off site falls below the de
minimis concentration level. Another blending operation may consist of mixing refined motor
fuel with oxygenated compounds such as methanol, ethanol, or methyl tertiary butyl ether
(MTBE). However, these blending operations typically occur at the petroleum refinery rather
than at the petroleum bulk storage facility.
Petroleum bulk storage facilities must determine what EPCRA Section 313 chemicals
are present in petroleum products. Facilities must use their best "readily available data" to identify
and estimate the quantity of EPCRA Section 313 chemicals in the petroleum products. If a
facility has data regarding chemical constituents in the petroleum products used by the facility,
and the facility believes that this is the best "readily available data," then the facility should use this
information. If specific concentration data of EPCRA Section 313 chemicals in petroleum
products does not exist at your facility, there are several sources where the facility can go to get
this. Table 3-4 lists concentrations of EPCRA Section 313 constituents typically found in crude
oil and petroleum products. Table 3-5 lists some of the most common petroleum products along
with concentrations of EPCRA Section 313 constituents typically present and estimates of how
much product must be processed to exceed the 25,000 pound threshold for that constituent.
3-11
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Table 3-4
Estimated Concentration Values of EPCRA Section 313 Constituents
in Crude Oil and Petroleum Products (Weight Percent)
EPCRA Section
313 Chemical
Benzene
Biphcnyi
Bromine
Chlorine
Cydohexioc
Ethytbcnzene
n-Hexaoe
MTBE*
Niphthilcnc
Fheotntbieoe
Phenol
PACs-
Slyrene
Toluene
lA4-Trimethyl-
benzene
Xyfcne
Antimony*
Anenle*
Beryllium?
Cadmiunf
Chromium'
Cobalt-
Coppef
Lcsd Compounds
Muiganoe*
Mercury1
Nickel1
Selenium"
Silver"
Zinc Compounds
DeMlnlmk
Level*
0.1
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
0.1
0.1
1.0
1.0
1,0
0.1
0.1/1.0'
0.1/1.0'
0.1/1 .0'
0.1/1.0'
1.0
1.0
1.0 (organic)
0.1 (inorg.)
1.0
1.0
0.1
1.0
1.0
1.0
Crude CHI
0.446"
0.060"
N/A
N/A
0.700
0.346 R
2.463"
N/A
0.219"
N/A
0.323
0.0004
N/A
0.878"
0.326
1.420"
l.OE-05
ZOE-05
2.0E-07
4.0E-07
4.0E-05
0.0003
4.0E-05
N/A
N/A
0.0006
0.0055
4.0E-05
N/A
N/A
Gasoline
(Various
Grades)
1.608"
0.010"
N/A
N/A
0.240
1.605"
7.138"
15.00
0.444"
N/A
0.055
N/A
N/A9
7.212"
2.50»
7.170"
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
No.2Fuel
Oil/ Diesel
Fuel
8.0E-04*
0.100
N/A
N/A
N/A
0.013*
1.0*
N/A
0.550
0.125
0.064
N/A
0.032"
0.032*
1.0*
0.290*
N/A
S.5
5.0 "*
2.1 MS
9.5 M3
N/A
5.6E-04
N/A
2.1E-05
4.0E-05
3.38E-04
N/A
N/A
N/A
Jet Fuel
CJP-4)
1.0*
0.120"
N/A
N/A
1.240
0.50*
5.60*
N/A
0.468"
N/A
N/A
N/A
N/A
3.20*
N/A
3.20*
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Kerosene
0.004*
0.120 *
N/A
N/A
N/A
0.127*
0.005*
N/A
0.733"
N/A
0.770
N/A
N/A
1.330*
N/A
0.31*
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Lubri-
cating
Oil
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A '
N/A
N/A
N/A
1.0
No. 6
Fuel Oil
0.001
N/A
3.0E-06
0.0131"
N/A
0.0022
N/A
N/A
0.10
N/A
N/A
1.13
N/A
0.006
N/A
0.013
l.OE-06
3.06E-
05D
2.7E-06"
2.0E-06"
3.1E-05"
1.63E-
04"
3.0E-05
1.41E-
04°
3.5E-05"
9.2E-07D
2.6E-030
9.5E-06"
2.0E-08
N/A
Aviation
Gasoline
0.515"
N/A
N/A-
N/A
N/A
0.432"
0.126"
N/A
0.10"
N/A
N/A
N/A
N/A
7.327
N/A
2.204
N/A
N/A
N/A
N/A
N/A
N/A
N/A
0.14-
(organic)
N/A
N/A
N/A
N/A
N/A
N/A
3-12
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Unless otherwise noted, Source: Economic Analysis of the Final Rule to Add Certain Industry Groups to EPCRA Section 313, Appendix B "Composition
of Crude Oil and Petroleum Products."
A American Petroleum Institute report prepared for Mr. Jim Durham, EPA (December 23,1993), regarding revised estimates of heavy petroleum product
liquid constituents that are listed as hazardous air pollutants (HAPs) under section 112 of the Clean Air Act Amendments (CAAA).
R Radian Corporation report prepared for Mr. James Durham, EPA (August 10,1993), regarding liquid HAP concentrations of various petroleum products.
D Appendix D, Study of Hazardous Air Pollution Emissions from Electric Utility Steam Generating Units-Final Report to Congress, USEPA, OAQPS
(February 1998) 453/R-98-004b.
* The de minimis concentration values for the metals is for the metal compound.
" Lead compounds concentration for Aviation Gasoline 100 (Exxon-MSDS).
* Concentrations updated with comments received from API.
' Constituents are most likely metal compounds rather than the elements. Elements are listed in this table because concentration data are for only the metals
occurring in the fuel. Concentrations for metal compounds would be somewhat higher depending on the metal compound. For threshold determination,
if the weight of the compound is not known, facilities may use the weight of the lowest metal compound likely to be present.
@ Data from EPA report prepared by Radian Co. for this constituent are considered suspect and are not recommended for use, based on discussion with
Jim Durham of EPA on November 30,1998.
b MTBE may be present to enhance octane in concentrations from 0-15% (industry practice, not sampling results).
c The de minimis level for inorganic compounds is 0.1; for organic compounds is 1.0.
d The de minimis level for chromium VI compounds is 0.1; for chromium HI compounds is 1.0.
* The petroleum products may contain one or more of the following chemicals under the polycyclic aromatic compounds (PACs) category:
benzo(a)anthracene, benzo (b)fluoranthene, benzo(j)fiuoranthene, benzo(k)fluoranthene, benzo(rst)pentaphene, benzo(a)phenanthrene, benzo(a)pyrene,
dibenz(a,h)acridine, dibenz(a,j)acridine, dibenzo(a,h)anthracene, 7H-Dibenzo(c,g)carbazole, dibenzo(a,e)fluoranthene, dibenzo(a,e)pyrene,
dibenzo(a,ti)pyrene, dibenzo(a)l)pyrene, 7,12-dimethylbenz(a)anthracene, indeno[l,2,3-cd]pyrene, 5-methylchrysene, 1-nitropyrene. For No. 6 fuel oil,
the value given is for benzo(a)anthracene.
3-13
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Table 3-5
Estimated Quantities Required to Exceed the Processing Threshold for Several
Petroleum Products
Product
Gasoline
(Various Grades)
No. 6 Fuel Oil
Crude Oil
No. 2 Fuel
Oil/Diesel Fuel
Kerosene
Lubricating Oil
Aviation Gas
Jet Fuel (JP-4)
EPCRA Section 313
Chemicals That May Be
Present Above De
Minimis
Benzene
Ethylbenzene
MTBE
-Hexane
Toluene
1 ,2,4-Trimethylbenzene
Xylene (mixed isomers)
Benz(a)anthracene
(PACs)
Benzene
n-Hexane
Xylene (mixed isomers)
1 ,2,4-Trimethylbenzene
Toluene
Zinc Compounds
Benzene
Toluene
Xylene (mixed isomers)
Benzene
Cyclohexane
n-Hexane
Toluene
Xylene (mixed isomers)
Concentration (weight
percent)
1.608
1.605
15.000
7.138
7.212
2.500
7.170
1.130
0.446
2.463
1.420
1.000
1.330
1.000
0.515
7.327
2.204
1.0
1.240
5.60
3.20
3.20
Quantity of Product
Required to Meet the
25,000-lb Threshold for
Processing (Gallons)
258,389
258,872
27,699
58,208
57,611
166,196
57,948
276,549
794,526
143,873
249,548
357,143
274,890
351,865
831,940
58,475
194,396
380,359
323,305
78,454
125,281
125,281
Source: Economic Analysis of the Final Rule to Add Certain Industry Groups to EPCRA Section 313,Appendices Band
H, "Memorandum from Patrick B. Murphy, Radian/RTP to James F. Durham, EPA/CPB Concerning Petroleum Refinery Liquid
HAP and Properties Data, August 10, 1993," and "Memorandum from Paul C. Bailey, Jr., API/Washington, DC to James F.
Durham, EPA/CPB Concerning Revised Estimates of Heavy Petroleum Product Liquid Constituents, December 23, 1993"
Updated information from comments received on guidance document for 1,2,4-Trimethylbenzene in gasoline and No. 2 fuel
oil/Diesel fuel.
Repackaging. An EPCRA Section 313 chemical that is repackaged and distributed into
commerce is considered processed for the purposes of EPCRA Section 313. Because EPA does
not currently consider a transfer of waste off site for treatment, disposal, or energy recovery
3-14
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distribution in commerce, repackaged wastes only need to be considered processed if the waste is
sent off-site for recycling. Furthermore, repackaging does not include simple relabeling or direct
transfers of containers when the product has not been transferred from the packaging in which it
was received. For example, if a facility receives pallets of product in individual containers and
simply relabels the individual containers and sends them to several customers, then the facility has
not processed amounts of EPCRA Section 313 chemicals in the individual containers.
Example - Repackaging as Processing , ,
f "" i * * , /1 <.
A manufacturing facility receives shipments of an EPCRA Section 313 chemical in rail cars. The EPCRA
Section 313 chemical is transferred from the rail cars into large tank trucks for distribution to customers.
The quantity of the EPCRA Section 313 chemical held in the tank trucks is approximately equivalent to
the amount held in the rail cars. Would the transfer of the EPCRA Section 313 chemical from the rail
cars to the tank trucks-be considered repackaging and therefore included in "processing" threshold
determinations? .
Yes. All activities involving the preparation of an EPCRA Section 313 chemical, after its "manufacture," for
distribution in commerce are to be included in the "processing" threshold determination for that chemical. The
Agency defines "processing" to include "...the preparation of a chemical for distribution in commerce in a
desirable form, state, and/or quantity (i.e., repackaging)..;" (53 ER.4506; February 16,1988). The act of
removing an EPCRA Section 313 chemical, from one container and placing it in another is considered
repackaging, regardless of the size of the containers involved. As such, the facility must include any amounts
transferred from the rail cars to the tank trucks in its "processing" threshold for that chemical.
-; Example - Repackaging as Processing
A bulk petroleum terminal receives petroleum via pipeline. The petroleum goes from the pipe into a,
storage tank and exits the facility again through the pipeline. It is then sent to a petroleum bulk station
within the same company but located on,non-contiguous or non-adjacent property, which then distributes
the petroleum into commerce (i.e., their customers). Did the petroleum terminal "repackage" and
"process" the petroleum? ' " -,
* " \ * -"" '
Yes. The petroleum received via pipeline, stored and subsequently transferred to another facility has been
repackaged and the EPCRA Section 313 chemicals have been distributed in commerce. Amounts of EPCRA
^Section 313 chemicals contained in th& amount "repackaged" must be considered toward the "processing"
threshold. , *" -' "' >' * t J-
Transfers Off-site for Recycling. Amounts of EPCRA Section 313 chemicals sent off-site
for recycling also must be considered toward the processing threshold of 25,000 pounds.
Amounts of materials containing EPCRA Section 313 chemicals sent off-site for recycling are
prepared for distribution into commerce. Materials sent off-site for recycling must undergo a
recovery step and are, therefore, considered a waste and not eligible for the de minimis
exemption. Wastes destined for off-site recycling are considered wastes sent off-site for further
waste management, which are not eligible for the de minimis exemption and must be reported on
the Form R in Sections 6 and 8.
Transfers Off-site for Direct Reuse. Amounts of EPCRA Section 313 chemicals sent off-
site for direct reuse must be considered toward the processing threshold of 25,000 pounds.
Materials are considered to be sent off-site for direct reuse if the materials are distributed into
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commerce and are going to be directly used in an operation or application without any recovery
steps including the extraction of contaminants. Materials sent off-site for direct reuse are not
reported on the Form R in Sections 6 and 8 as recycled or released because the materials are not
considered wastes. Because materials sent off-site for direct reuse are not considered wastes,
these materials may qualify for the de minimis exemption if any EPCRA Section 313 chemical in
the material is below the de minimis level (see Chapter 3.2.2.3). EPCRA Section 313 chemicals
in waste that are sent off-site for further waste management; e.g., disposal, are not considered to
be reused.
Otherwise Use
"Otherwise use" is any use of an EPCRA Section 313 chemical that does not fall under the
definitions of "manufacture" or "process." Chemicals otherwise used are not incorporated into a
product that is distributed into commerce and includes such uses as a processing or manufacturing
aid and for such ancillary uses as treating wastes.
Otherwise use of an EPCRA Section 313 chemical also includes disposal, stabilization
(without subsequent distribution in commerce), and treatment for destruction if the:
(1) EPCRA Section 313 chemical that was disposed, stabilized, or treated for
destruction was received from off-site for the purposes of further waste
management, or
(2) EPCRA Section 313 chemical that was disposed, stabilized, or treated for
destruction was manufactured as a result of waste management activities of
materials received from off-site for. the purpose of further waste management.
The following discussion describes the subsections of the otherwise use threshold for
reporting purposes (see Table 3-6).
Table 3-6
Definitions and Examples of Otherwise Used Chemicals
^^fy^i^^^^
As a chemical processing aid
As a manufacturing aid
Ancillary or other use
9 ''.;. .': ' Examples' " '-"'. \
May not occur in the petroleum bulk storage industry.
Application of lubricants containing zinc compounds for
pump and valve operation.
1,2,4-trimethylbenzene in diesel fuel used to clean bulk
storage tanks.
* More complete discussions of the industry-specific examples can be found in Chapter 4 of this guidance manual.
Otherwise Use of EPCRA Section 313 Chemicals In Fuels. The use of fuels to generate
power to operate the facility processes is considered an otherwise use activity. Fuels may contain
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EPCRA Section 313 chemicals above de minimis levels. For example, No. 6 fuel oil may contain
benzo(a)anthracene, a member of the polycyclic aromatic compound chemical category, in
concentrations above de minimis levels. EPA has assembled information on EPCRA Section 313
chemicals in various fuel types from a number of sources. This information is provided in Table
3-6. In the absence of better facility-specific data, facilities may use this table to calculate
threshold quantities for EPCRA Section 313 chemicals otherwise used in fuels.
Other Activities. Otherwise use includes the use of EPCRA Section 313 chemicals in
activities such as cleaning, maintenance, and water purification. The use of an EPCRA Section
313 chemical to treat another chemical constitutes otherwise use.
Other Examples of EPCRA Section 313 Chemicals that Petroleum Bulk Storage Facilities
"Otherwise-Use"
EPCRA Section 313 chemicals used to clean storage tanks and other equipment
(e.g., solvents);
EPCRA Section 313 chemicals in materials that are used to maintain process
equipment (e.g., lubricants, metal alloys);
EPCRA Section 313 chemicals used to treat wastewater
EPCRA Section 313 chemicals used to treat wastes; and
EPCRA Section 313 chemicals in fuel used in any on-site equipment (other than
motor vehicles which may be eligible for the motor vehicle maintenance
exemption, see TRI Forms and Instructions).
Waste Management Activities. For purposes of the otherwise use definition, EPA
interprets waste management activities to include recycling, combustion for energy recovery,
treatment for destruction, waste stabilization, and release, including disposal. However, for
calculating thresholds, the only quantity that should be applied to the otherwise use definition are
those that are treated for destruction, stabilized, or disposed on-site. Waste management does not
include the storage, container transfer, or tank transfer of an EPCRA Section 313 chemical if no
recycling, combustion for energy recovery, treatment for destruction, waste stabilization, or
release of the chemical occurs at the facility (62 FR 23850; May 1, 1997).
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Table 3-7
EPA Guidance Related to Waste Management Activities
Waste Management
Activity
Description
Recycling
As referenced in the May 1, 1997, Federal Register and defined in the document,
Interpretations of Waste Management Activities: Recycling, Combustion for Energy
Recovery, Treatment for Destruction, Waste Stabilization, and Release (April 1997),
recycling means: (1) the recovery for reuse of an EPCRA Section 313 chemical from a
gaseous, aerosol, aqueous, liquid, or solid stream; or (2) the reuse or the recovery for
use of an EPCRA Section 313 chemical that is a RCRA hazardous waste as defined in
40 CFR Part 261. Recovery is the act of extracting or removing the EPCRA Section
313 chemical from a waste stream and includes: (1) the reclamation of the EPCRA
Section 313 chemical from a stream that entered a waste treatment or pollution control
device or process where destruction of the stream or destruction or removal of certain
constituents of the stream occurs (including air pollution control devices or processes,
wastewater treatment or control devices or processes, Federal or state permitted
treatment or control devices or processes, and other types of treatment or control
devices or processes); and (2) the reclamation for reuse of an "otherwise used" EPCRA
Section 313 chemical that is spent or contaminated and that must be recovered for
further use in either the original or any other operations.
Combustion for
energy recovery
Combustion for energy recovery is interpreted by EPA to include the combustion of an
EPCRA Section 313 chemical that is (1) (a) a RCRA hazardous waste or waste fuel, (b)
a constituent of a RCRA hazardous waste or waste fuel, or (c) a spent or contaminated
"otherwise used" material; and that (2) has a significant heating value and is combusted
in an energy or materials recovery device. Energy or materials recovery devices are
boilers and industrial furnaces as defined in 40 CFR §372.3 (See 62 FR 23891). If a
reported toxic chemical is incinerated but does not contribute energy to the process
(e.g.. metal, metal compounds, and chloroflorocarbons), it must be considered
treatment for destruction. In determining whether an EPCRA Section 313 listed
chemical is combusted for energy recovery, the facility should consider the heating
value of the EPCRA Section 313 chemical and not the heating value of the chemical
stream.
Treatment for
destruction
Means the destruction of an EPCRA Section 313 chemical in waste such that the
substance is no longer the EPCRA Section 313 chemical subject to reporting.
Treatment for destruction does not include the destruction of an EPCRA Section 313
chemical in waste where the EPCRA Section 313 chemical has a heat value greater
than 5,000 British Thermal Units (BTU) and is combusted in any device that is an
industrial boiler or furnace. (See 40 CFR §372.3.) "Treatment for destruction"
includes acid or alkaline neutralization if the EPCRA Section 313 chemical is the entity
that reacts with the acid or base. "Treatment for destruction" does not include: (1)
neutralization of a waste stream containing EPCRA Section 313 chemicals if the
EPCRA Section 313 chemicals themselves do not react with the acid or base (See 40
CFR §372.3), (2) preparation of an EPCRA Section 313 chemical for disposal, (3)
removal of EPCRA Section 313 chemicals from waste streams, and (4) activities
intended to render a waste stream more suitable for further use or processing, such as
distillation or sedimentation. (Note: Amounts of metals CAN NOT be destroyed and
therefore should not be reported as treated for destruction.)
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Waste stabilization
Means any physical or chemical process used to either reduce the mobility of hazardous
constituents in a hazardous waste or eliminate free liquid as determined by a RCRA
approved test method (e.g., Test Method 9095). A waste stabilization process includes
mixing the hazardous waste with binders or other materials and curing the resulting
hazardous waste and binder mixture. Other synonymous terms used to refer to this
process are "stabilization," "waste fixation," or "waste solidification." (See 40 CFR
§372.3.)
Release
Release is defined by EPCRA Section 329(8) to mean any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or
disposing into the environment (including the abandonment or discarding of barrels,
containers, and other closed receptacles) of any EPCRA Section 313 chemical. (See 40
CFR §372.3.)
Disposal
Disposal means any underground injection, placement in landfills/surface
impoundments, land treatment, or other intentional land disposal. (See 40 CFR
§372.3.)
(See EPA document, Interpretations of Waste Management Activities: Recycling, Combustion for Energy Recovery,
Waste Stabilization and Release for further detail.j
Waste management activities conducted by a facility on EPCRA Section 313 chemicals in
wastes generated on-site are not considered an otherwise use of that chemical. The otherwise use
threshold applies to amounts disposed, stabilized (without subsequent distribution in commerce),
or, treated for destruction from wastes received from off-site or from chemicals generated from
waste received from off-site. Simply receiving and storing a waste from off-site for waste
management sometime in the future does not trigger an "otherwise use" of those chemicals in
waste. However, subsequent activities involving the EPCRA Section 313 chemical in waste
managed on-site may require you to consider those amounts toward other threshold activities.
For example, recycling of an EPCRA Section 313 chemical for distribution into commerce would
apply towards the processing threshold. Likewise, if an EPCRA Section 313 chemical taken from
an on-site waste is burned for energy recovery, then amounts would be considered toward the
otherwise use threshold.
3.2.1 Concentration Ranges for Threshold Determination
You are required to use your best "readily available data" for estimating EPCRA Section
313 threshold determinations and release and other waste managed calculations. In some cases,
the exact concentration of an EPCRA Section 313 chemical in a mixture or other trade name
product or in a waste may not be known. In these cases, the waste profile, customer, supplier, or
MSDS may only provide ranges, or upper or lower bound concentrations. EPA has developed
the following guidance on how to determine concentrations from this type of information for use
in threshold determinations:
If exact concentration is provided, use it.
If the concentration is provided as a lower and upper bound or as a range, you
should use the mid-point in your calculations for the threshold determination. For
example, the waste profile states methanol is present in a concentration of not less
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than 20% and not more than 40%, or it may be stated as present at a concentration
between 20 to 40%. You should use 30% methanol in your threshold calculations.
If only the upper bound concentration is provided you must use this value in your
threshold calculation.
If only the lower bound concentration of the EPCRA Section 313 chemical is
specified and the concentration of other components are given, subtract the other
component values from 100%. The remainder should be considered the upper
bound for the EPCRA Section 313 chemical and you should use the given lower
bound to calculate the mid-point as discussed above. For example, an MSDS
states that a solvent used for cleaning contains at least 10% MEK and 60% water.
Subtracting the water portion of the compound from 100% leaves 40% as the
upper bound for MEK. The mid-point between upper (40%) and lower (10%)
bounds is 25%, the value you should use in your threshold calculation.
If only the lower bound is specified and no information on other components is
given assume the upper bound is 100% and calculate the mid-point as above.
Even if the concentration of a chemical is known through engineering knowledge only, the
facility is still requked to consider the chemical for threshold determinations. For example, facility
engineers may have knowledge that nitric acid is manufactured in an on-site incinerator. If there
are no waste profiles or permit information specifically listing nitric acid, the facility must still
consider the chemical for threshold determinations. This determination should be made based on
their best "readily available data", be it process knowledge or other reasonable estimation
techniques.
When determining concentration information for wastes, it is important to understand that
the de minimis exemption does NOT apply to wastes. If your waste profiles (or other
information) indicate that there are chemicals present that are below the detection limit, you may
still need to include those chemicals in your threshold determinations and release and other waste
management calculations. If you have no information to indicate that the chemical exists in the
waste stream, you may assume that the concentration is zero. However, if the facility has reason
to believe that the EPCRA Section 313 chemical is present in the waste, it may use half of the
detection limit for that chemical when making threshold determinations and release and other
waste management calculations.
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Example - Average Concentration " « ,
* , * * " , "' ^-""-"";', "'"' ' * x- "*"'*' r"s'~i?
Is it appropriate for a petroleum bulk storage facility to develop an average concentration for an EPCRA
Section 313 chemical contained hi thousands of different petroleum products received by the facility, and
then use that average as a basis of threshold determination? If so, does EPA have a recommended
approach for developing such an average? " : '"'"; * 'l"'*
EPCRA allows facilities to use their best "readily available data" to provide information required under EPCRA
Section 313. When data are not readily available, EPCRA allows facilities to use ''reasonable, estmiates"of the
amounts involved. A facility must use its^best judgment to determine whether data are "readily available."
lhu,s; with regard to use of average concentration levels, a facility must use its best judgment to decide whether
the raw data from whiehrit might base any average concentration level are readily available. In any event, a
facility should carefully document its decision making. For example, if a facility decides to use average
concentration levels, it should document why the raw data from which the averages are based are not readily
available, how it arrived at any average concentration level used, and "why the average concentration level is a
"reasonable estimate"of the amount of the EPCRA Section 313 chemical in the waste stream. EPA does not.
have a recommended approach for determining average concentration levels. - * ~ -
3.2.2 Evaluation of Exemptions
EPCRA Section 313 provides facilities with certain exemptions:
Laboratory activities exemption;
De minimis exemption;
Article exemption;
Exemptions that apply to the otherwise use of chemicals: routine janitorial/facility
grounds maintenance exemption; personal use exemption; structural component
exemption; motor vehicle maintenance exemption; exemption for air or water
drawn from the environment or municipal sources for certain uses.
Each of these exemptions is discussed in detail below.
3.2.2.1 Laboratory Activities Exemption.
This exemption includes EPCRA Section 313 chemicals that are manufactured, processed,
or otherwise used in a laboratory under the supervision of a technically qualified individual. This
exemption may be applicable in such circumstances as laboratory sampling and analysis, research
and development, and quality assurance and quality control activities. It does not include pilot
plant scale or specialty chemical production. It also does not include laboratory support activities.
For example, chemicals used to maintain laboratory equipment are not eligible for the laboratory
activities exemption.
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Example - Laboratory Activities Exemption
If a facility takes a sample from its process stream to be tested in a laboratory for quality control
purposes, are releases of an EPCRA Section 313 chemical from the testing of the sample in the laboratory
exempt under the laboratory activities exemption?
'; . ,. ; ::. : " ' "' >* ,,,,..- -",(,
.'-. $k f s * s,, j
Yes, provided that the laboratory at the covered facility is under the direct supervision of a technically qualified
individual as provided in 40 CFR 372.38(d). The laboratory exemption applies to the "manufacture," "process,";
or "otherwise use" of EPCRA Section 313 chemicals and any associated release and other waste management
amounts that take place in a qualifying laboratory.
3.2.2.2 De Minimis Exemption
If the amount of EPCRA Section 313 chemical(s) present in a mixture or other trade name
product processed or otherwise used by the facility is below its de minimis concentration level,
that amount is considered to be exempt from threshold determinations and release and other
waste management calculations. (Note that this exemption does not apply to manufacturing,
except for importation or as an impurity as discussed below.) Because wastes are not considered
mixtures or other trade name products, the de minimis exemption does not apply to wastes. The
de minimis concentration for mixtures or other trade name products is 1%, except for OSHA-
defined carcinogens, which have a 0.1% de minimis concentration. If a mixture or other trade
name product contains more than one member of a compound category, the weight percent of all
members must be summed. If the total meets or exceeds the category's de minimis level, the de
minimis exemption does not apply. Information may only be available that lists the concentration
of chemicals in mixtures as a range. EPA has developed guidance on how to determine quantities
that are applicable to threshold determinations and release and other waste management
calculations when this range straddles the de minimis value. EPA has published several detailed
questions and answers along with a directive in the EPCRA Section 313 Q&A Document that may
be helpful if you have additional concerns about the de minimis exemption. The TRI Forms and
Instructions list each EPCRA Section 313 chemical and compound category with the associated
de minimis value. Tables 3-4 and 3-5 provide de minimis levels for chemicals found in petroleum
products processed and otherwise used by petroleum bulk storage facilities.
The de minimis exemption also applies in limited circumstances to the manufacture of
EPCRA Section 313 chemicals. The specific case where EPCRA Section 313 chemicals are
coincidentally manufactured in a product and remain in the product as an impurity which is then
subsequently distributed in commerce, amounts of EPCRA Section 313 Chemicals are eligible for
the de minimis exemption. The de minimis exemption also applies to EPCRA Section 313
chemicals below the de minimis concentration in an imported mixture or other trade name
product.
The de minimis exemption, however, does not apply to EPCRA Section 313 chemicals
that are coincidentally manufactured as byproducts that are separated from the product; nor does
it apply to chemicals that are coincidentally manufactured as a result of waste treatment or other
waste management activities, or to waste brought on site for waste management. For example,
many facilities treat waste solvents by incinerating them. Combustion processes can result in the
coincidental manufacture of such EPRCA Section 313 chemicals as sulfuric acid aerosols,
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hydrochloric acid aerosols, hydrofluoric acid, and metal compounds. Since the de minimis
exemption does not apply to the coincidental manufacture of chemicals as byproducts, the
formation of these compounds in any concentration must be considered for threshold
determinations and release and other waste management calculations. The de minimis exemption,
however, does apply to recovered products in that if a waste solvent is received from off-site and
recycled, then sent off site as a product, the de minimis exemption could apply to the recovered
product.
Once the de minimis level has been met or exceeded, the exemption no longer applies to
that process stream, even if the concentration of the EPCRA Section 313 chemical in a mixture or
other trade name product later drops below the de minimis level. All releases and other waste
management activities are subject to reporting after the de minimis concentration has been
equaled or exceeded, provided an activity threshold has been exceeded.
*'~:' Example - De minimis
A facility receives a mixture"%ith an EPCRA Section 313 chemical in a concentration below the de minimis
concentration. During processing, the concentration of the EPCRA Section 313 chemical exceeds its de
jninMfe levels This facility must consider amounts toward threshold determination and releases and other waste
management activities that take place after the point in the process where th& de minimis level is met or
exceeded. The facility does not have to consider toward threshold determinations and release and other waste
management estimates,* activities that took place before the de minimis level was met or exceeded.
3.2.2.3 Article Exemption
An article is defined as a manufactured item if each of the three criteria below applies:
Is formed to a specific shape or design during manufacture;
Has end-use functions dependent in whole or in part upon its shape or design; and
Does not release an EPCRA Section 313 chemical under normal conditions of
processing or otherwise use of the item at the facility.
If you receive a manufactured item from another facility and process or otherwise use the
item without changing the shape or design, and your processing or otherwise use results in the
release of 0.5 pound or less of the EPCRA Section 313 chemical in a reporting year from all like
articles, then the EPCRA Section 313 chemical in that item is exempt from threshold
determinations and release and other waste management reporting. The article exemption does
not apply to the manufacturing of items at your facility.
The shape and design of a manufactured item can change somewhat during processing and
otherwise use activities as long as part of the item retains the original dimensions. That is, as a
result of processing or otherwise use, if an item retains its initial thickness or diameter, in whole
or in part, then it still meets the definition of article. If the item's basic dimensional characteristics
are totally altered during processing or otherwise use, the item would not meet the definition,
even if there were no releases of an EPCRA 313 chemical from these manufactured items. As an
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example, items that do not meet the definition would be items that are cold extruded, such as bar
stock that is formed into wire. However, stamping a manufactured item into pieces that are
recognizable as the original articles would not change the exemption status as long as the
diameter and the thickness of the item remain unchanged. For instance, metal wire may be bent
and sheet metal may be cut, punched, stamped, or pressed without losing the article status as long
as no change is made in the diameter of the wire or tubing or the thickness of the sheet and, more
important, there are no releases of the EPCRA Section 313 chemical(s).
Any processing or otherwise use of an article that results in a release above 0.5 pound per
year for each EPCRA Section 313 chemical for all like articles will negate the article exemption.
Cutting, grinding, melting, or other processing of a manufactured item could result in a release of
an EPCRA Section 313 chemical during normal conditions of use and, therefore, could negate the
exemption as an article if the total release exceeds 0.5 pound in a year. However, if all of the
resulting waste is recycled or reused, either on site or off site such that the release and other waste
management of the EPCRA Section 313 chemical in all like articles does not exceed 0.5 pound,
then the article exemption status is maintained. Also, if the processing or otherwise use of similar
manufactured items results in a total release and other waste management of less than or equal to
0.5 pound of any individual EPCRA Section 313 chemical in a calendar year, EPA will allow this
quantity to be rounded to zero and the manufactured items to maintain their article exemption.
The 0.5 pound limit does not apply to each individual article; instead, it applies to the sum of
releases and other waste management activities (except recycling) from processing or otherwise
use of all like articles for each EPCRA Section 313 chemical contained in these articles.
The EPCRA Section 313 Q&A document presents several specific questions and
answers/discussion pertaining to the article exemption.
3.2.2.4 Exemptions that Apply to the Otherwise Use of EPCRA Section 313 Chemicals
Some exemptions are limited to the "otherwise use" of an EPCRA Section 313 chemical.
EPCRA Section 313 chemicals used in these activities do not need to be included in a facility's
threshold determinations nor the associated release and other waste management calculations,
provided thresholds are met elsewhere. The following otherwise use activities are considered
exempt (see most current versions of TRI Forms and Instructions and EPCRA Section 313
Questions and Answers documents):
EPCRA Section 313 chemicals used in routine janitorial or facility grounds
maintenance. Examples are bathroom cleaners and fertilizers and garden
pesticides in similar type or concentration distributed in consumer products.
Materials used to clean process-related equipment do not qualify for this
exemption.
EPCRA Section 313 chemicals for personal use. Examples are foods, drugs,
cosmetics, and other personal items including those items used in cafeterias and
infirmaries.
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Example - Personal Use Exemption : '- f^s
Ammonia used to clean a cafeteria grill is exempt from threshold "determinations and release
and other waste management calculations. 'Chlorine added to the water supply system to
prepare potable water for consumption at the facility is also exempt under the personal use
exemption, -, - '' *"- »,'" __:A < st ">*"'
EPCRA Section 313 chemicals in structural components of the facility. This
exemption applies to EPCRA Section 313 chemicals present in materials used to
construct, repair, or maintain non-process related structural components of a
facility. An example common to all facilities would be the solvents and pigments
used to paint the administrative office buildings. Materials used to construct,
repair, or maintain process-related equipment (e.g., storage tanks, reactors, and
piping) are not exempt.
EPCRA Section 313 chemicals used to maintain facility motor vehicles. This
exemption includes the use of EPCRA Section 313 chemicals for the purpose of
maintaining motor vehicles operated by the facility. Common examples include
EPCRA Section 313 chemicals in gasoline, radiator coolant, windshield wiper
fluid, brake and transmission fluid, oils and lubricants, batteries, cleaning solutions,
and solvents in paint used to touch up the vehicle. Motor vehicles include cars,
trucks, forklifts, and locomotives. Note that this exemption applies only to the
OTHERWISE USE of the chemical only. The coincidental manufacture of
EPCRA Section 313 chemicals resulting from combustion of gasoline is not
considered part of the exemption and any amounts of EPCRA Section 313
chemicals coincidently manufactured should be considered as part of the
manufacturing threshold.
Example - Motor Vehicle Exemption ' , ,
Methanol is purchased for use as a processing aid and as a windshield washer anti-freeze in
company vehicles. The amount used for the latter purpose would, be exempt and subtracted
from the facility total BEFORE the facility total is compared to the otherwise use activity ,
threshold. Even if the facility still exceeds the otherwise use threshold, the amount in the
anti-freeze is exempt from release and other waste management;reporting.
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Example - Motor Vehicle Exemption
h " w Jf
How does a facility that collects quantities of used motor oil from motor vehicles owned
and operated by the facility consider amounts of the used oil that are subsequently sent
off site for recycling? *
Amounts of releases (including disposal) or other waste management practices associated with
an exempt "otherwise use" of EPCRA Section 313 chemicals are also exempt from release,or
other waste management calculations, provided the facility does not conduct a subsequent
non-exempt activity involving the chemical.
This exemption does NOT apply to stationary equipment. The use of lubricants
and fuels for stationary process equipment (e.g., pumps and compressors) and
stationary energy sources (e.g., furnaces, boilers, heaters), are NOT exempt.
Example - Use of Lubricants
Lubricants containing EPCRA Section 313 chemicals used on facility vehicles or on-site
structural maintenance activities that are not integral to the process are exempt activities.
However, lubricants used to maintain pumps and compressors, which aid in facility process-
related operations, are not exempt and the amount of the chemical in that lubricant should be
applied to the otherwise use threshold.
EPCRA Section 313 chemicals in certain air and water drawn from the
environment or municipal sources. Included are EPCRA Section 313 chemicals
present in process water and non-contact cooling water drawn from the
environment or a municipal source, or chemicals present in compressed air or air
used hi combustion.
Example - Chemicals in Process Water
A facility uses river water in its cooling tower. The facility draws out of and ultimately
returns to the river water that contains 100 pounds of an EPCRA Section 313 chemical. Any
amount of the EPCRA Section 313 chemicals that may be contained in the river water does
not have to be considered for threshold determinations and release and other waste
management calculations because the EPCRA Section 313 chemicals were present in the
water as it was drawn from the environment and used in this fashion.
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3.2.3 Additional Guidance on Threshold Calculations for Certain Activities
This section covers two specific situations in which the threshold determination may vary
from normal facility operations: reuse and remediation activities of EPCRA Section 313
chemicals.
3.2.3.1 On-site Reuse Activities
Threshold determinations of EPCRA Section 313 chemicals that are reused at the facility
are based only on the amount of the EPCRA Section 313 chemical that is added during the year,
and not the total volume in the system or the amounts reused.
Example - Reuse Activities
/ >, *"
*"* ~~ f -/-?
A facility operates a heat transfer unit that contains 15,000 pounds gf ethylene glycol at the beginning of the
year that was in use in prior yearsl The system is charged with 2,000 pounds of ethylene glycol during the
reporting year. The facility has therefore "otherwise used" only 2,000 pounds of the covered EPCRA Section
313 chemical within that particular reporting year. A facility reporting for the first time would consider only
the amount of EPCELA. Section 313 chemical-that is added during its first reporting year towards its "otherwise
use" threshold for that year." If, however, the entire heat transfer unit was recharged with 15,000 pounds of
ethylene glycol during the year, the facility would consider the 15,000 pounds toward its otherwise use threshold
and, exceeding the otherwise use threshold, be required to report. - - ,
3.2.3.2 Remediation Activities
EPCRA Section 313 chemicals that are being managed at a remediation site (e.g.,
Superfund) are not considered manufactured, processed, or otherwise used and therefore, these
amounts are not included in the threshold determinations. However, if during remediation
activities an EPCRA Section 313 chemical is manufactured, then these amounts would have to be
considered toward the manufacturing threshold.
Additionally, if you are conducting remediation for an EPCRA Section 313 chemical for
which you have exceeded a threshold elsewhere at the facility above an activity threshold level,
you must consider this activity in your release and other waste management calculations. In that
case, you must report any release and other waste management of an EPCRA Section 313
chemical due to remediation in Part n, Sections 5 through 8, accordingly, of the Form R. Those
quantities, however, would not also be considered as part of the reportable amount for
determining Form A eligibility because they are not considered part of normal production related
activities.
i
3.3 Step 3. Determine which EPCRA Section 313 chemicals exceed a threshold
The final step is to determine which chemicals exceed a threshold. At this point you
should have:
1. Determined each EPCRA Section 313 chemical at your facility;
3-27
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2. Determined the threshold activity for each EPCRA Section 313 chemical
(manufactured, processed, or otherwise used) and calculated the quantity for each
activity.
Now, you must sum the usage for each chemical by threshold activity, subtract all exempt
quantities, and compare the totals to the applicable thresholds. Each EPCRA Section 313
chemical exceeding any one of the activity thresholds requires the submission of a Form R.
Provided you meet certain criteria you may be eligible to file a Form A rather than a Form R.
POSSIBLE ERROR - What if Your Facility Has No Releases and Other
Waste Management Quantities of EPCRA Section 313 Chemicals?
If you meet all reporting criteria and exceed any threshold for an EPCRA Section 313 chemical, you must file a
Form R or Form A for that chemical, even if you have zero releases and other waste management activities.
Exceeding the chemical activity threshold, not the quantity released and no otherwise managed as waste,
determines whether you must report. Note that if the total annual reportable amount is 500 pounds or less, and
you do not exceed one million pounds manufactured, processed, or otherwise used for that chemical, then you
are eligible to submit a Form A rather than a Form R for that chemical (see Chapter 2.9).
Calculating the Manufacturing Threshold for Section 313 Chemicals in Wastes
Petroleum bulk storage facilities typically do not manufacture chemicals or products
intentionally. However, these facilities may coincidently manufacture Section 313 chemicals
during incineration, wastewater treatment, and other waste management operations. You will
also need to consider whether EPCRA Section 313 chemicals are produced coincidentally, even if
the chemical exists for only a short period of time, and later is destroyed by air control equipment.
Most commonly, incineration may result in the manufacture of metal compounds (usually as a
result of oxidation), acid aerosols, and other organic compounds, or convert metal compounds to
the parent metal (e.g., mercury compounds in coal convert to elemental mercury). The following
discussion describes how to calculate the manufacturing threshold for these situations.
To calculate the amount of EPCRA Section 313 metal compounds manufactured during
combustion of wastes, you will need to determine the concentration of each metal present in the
waste being combusted. The best "readily available data" should be used to estimate the
approximate concentration of the metal(s) in the waste. If you have data regarding chemical
concentrations in the wastes (e.g., analytical data) and believe that is the best
"readily available data", then you should use this information. If specific concentration data of the
metals in the waste do not exist, you can assume that the metals will convert to the lowest weight
metal oxide possible.
During combustion, other EPCRA Section 313 chemicals could be manufactured,
particularly acid aerosols. For instance, sulfuric acid aerosols could be produced depending on a
variety of factors such as sulfur content of the waste. If you have specific data on the
manufacture of acid aerosols, then use it. If data are not available, EPA has published guidance
on calculating the amount of sulfuric acid aerosols manufactured during combustion, which could
be applied to the combustion of wastes; Guidance for Reporting Sulfuric Acid (acid aerosols
3-28
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including mists, vapors, gas, fog, and other airborne forms of any particle size), EPA, March
1998, available on EPA's TRI website at http://www.epa.gov/opptintr/tri.
To estimate the amount of EPCRA Section 313 chemicals manufactured during
wastewater treatment, the Clean Water Act typically requires facilities to monitor some Section
313 chemicals. In particular, the facility's wastewater permit application may have more detailed,
chemical-specific monitoring data. However, it is important to note how the chemical is
monitored in relation to the EPCRA Section 313 chemical being evaluated. For example,
wastewater permits may require monitoring for the nitrate ion, but the nitrogen compound
category is calculated by the total weight of the nitrate compound.
Calculating the Otherwise Use and Processing Thresholds for Section 313 Chemicals
in Wastes
To determine if a chemical exceeds the processing or otherwise use threshold, you must
calculate the annual activity for that chemical. For EPCRA Section 313 chemicals in wastes, start
with the amount of chemical in stored waste as of January 1, add the amount of the chemical in
waste both received from off-site and generated on-site and any amounts that are manufactured
during the treatment during the year, and subtract the amount remaining in storage on December
31. The waste manifests received from your customers will be an invaluable source for
determining the quantities of different types of wastes managed by your facility, particularly in
terms of classifying how various types and quantities undergo a treatment step, or are disposed by
your facility, for example, when determining if the otherwise use threshold has been exceeded.
Calculating Thresholds for Section 313 Chemicals hi Purchases
For purchased chemicals, start with the amount of chemical at the facility as of January 1,
add any purchases during the year and the amount manufactured (including imported), and
subtract the amount remaining in the inventory on December 31. If necessary, adjust the total to
account for exempt activities (see Chapter 3.2.2 for a discussion of exemptions). You should
then compare the result to the appropriate threshold to determine if you are required to submit an
EPCRA Section 313 report for that chemical.
Keep in mind that the threshold calculations are independent for each activity:
manufactured, processed, and otherwise used. If more than one activity threshold applies, the
amount associated with each activity is determined separately.
Table 3-8 presents a worksheet that may be helpful when conducting your threshold
determinations and Table 3-9 illustrates an example of how the work sheet can be used for the
following example:
3-29
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Example - Threshold Worksheet
Assume your facility purchases two petroleum product mixtures that contain xylene in the applicable reporting
year. You purchased 25,000 pounds of Mixture A (which is 50% xylene per the MSE>$jIhd 110,000 pounds of
Mixture B (which contains 20% xylene). Further, you determine that you repackage the entire quantity pf
Mixture A, while you blend as an additive half of Mixture B and use the other half as a cleaning solvent pn-site.
You do not qualify for any exempt activities. In this example, you would have processed a total of 23,500
pounds of xylene (12,500 pounds from activities associated with Mixture A and 11,000 pounds from activities
associated with Mixture B). You would also have otherwise used a total of 11,000 pounds (all from Mixture B).
Therefore, you would not have exceeded the 25,000 pound threshold for processing; however, you would have
exceeded the 10,000 pound threshold for otherwise use and would be required to submit a Fprrii R or Form A for
amounts of xylene released or otherwise managed as a waste from ail non-exempt sources including those
activities where a threshold had not been exceeded.
3-30
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Table 3-8 Section 313 Reporting Threshold Worksheet
Facility Name:
Toxic Chemical or Chemical Category:
CAS Number:
Reporting Year:
Date Worksheet Prepared:.
Prepared By:
Amounts of the toxic chemical manufactured, processed, or otherwise used.
Mixture Name, Waste Name, or
Other Identifier
1.
2.
3.
4.
Subtotal:
Information
Source
Total Weight
Ob) ,
Percent TRI
Chemical
by Weight
TRI Chemical
Weight
(inlbs)
Amount of the Listed Toxic Chemical by Activity (in Ibs.):
Manufactured
(A) Ibs.
i^
Processed
(B\ ibs.
Otherwise Used
(C) Ibs.
Exempt quantity of the toxic chemical that should be excluded.
Mixture Name or Waste Name
as Listed Above
1.
2.
3.
4.
Subtotal:
/
Applicable Exemption (de
1 minimis, article, facility,
activity) ,
> /
Fraction or Percent Exempt
(if Applicable)
Amount of the Toxic Chemical Exempt from Above (in
,lbs.): ,;1
Manufactured
f/ \.
(At) Ibs.
Processed
(B,) Ibs.
, Otherwise Used
(C.) Ibs.
Ibs.
.Ibs.
Amount subject to threshold:
Compare to threshold for Section 313 reporting. 25,000 Ibs 25.000 Ibs.
If any threshold is exceeded, reporting is required for all activities. Do not submit this worksheet with Form R, retain it for your records.
Ibs.
10.000 Ibs.
-------
Table 3-9. Sample EPCRA Section 313 Reporting Threshold Worksheet
Facility Name: ABC Petroleum Bulk Storage Company
Toxic Chemical or Chemical Category: Xvlenc (mixed jsomers)
CAS Number: 133Q-2Q-7
Date Worksheet Prepared: May 1.1999
Prepared By:
Reporting Yean 1998
Amounts of the toxic chemical manufactured, processed, or otherwise used.
Mixture Name or Other Identifier
1. Mixture A
2. Mixture B
3.
4.
Subtotal:
Information
Source
MSDS
MSDS
Total Weight
Ob)
25,000
110,000
Percent TRI
Chemical
byWei^it
50%
20%
TRI Chemical
Weight
(in Ibs)
12,500
22,000
34,500
Amount of the listed Toxic Chemical by Activity (in Ibs.):
Manufactured
(A)01bs.
Processed
12,500
11,000
(B) 23,500 Ibs.
Otherwise Used
11,000
(C) 11,000 Ibs.
Exempt quantity of the toxic chemical that should be excluded.
: ; ,"
Mixture Name as Listed Above
1. None
2.
3.
4.
Subtotal:
Applicable Exemption (de
minimis, article, facility,
activity)
Fraction or Percent Exempt
: (if Applicable)
Amount of the Toxic Chemical Exempt from Above (in
: - - . ' --"«):- : : : - : V ;-; ,";
Manufactured
(A,)01bs.
; Processed
(B,)01bs.
Otherwise Used
(C,)01bs.
w
to
Amount subject to threshold:
Ibs.
(A-A,) 0 Ibs. (B-B,) 23,500 Ibs. (C-C,) 11,000
10,000 Ibs.
Compare to threshold for EPCRA Section 313 reporting. 25.000 Ibs 25.000 Ibs.
If any threshold is exceeded, reporting is required for all activities. Do not submit this worksheet with Form R, retain it for your records.
-------
Chapter 4 - Estimating Releases and Other Waste Management Quantities
4.0 PURPOSE
Once you have determined which EPCRA Section 313 chemicals have exceeded
thresholds at your facility, as described in Chapter 3, you must then estimate amounts of these
chemicals in waste by particular waste management type (e.g., release to air, transfer off-site, etc.)
To aid your facility in making these calculations, this chapter is intended to help you in developing
a systematic approach for conducting release and other waste management calculations specific to
petroleum bulk storage facilities. This chapter has been divided into two parts. The first part
provides a general approach to identifying sources of potential releases and other waste
management activities, collecting data, and determining the most appropriate method(s) to
develop estimates. Chapter 4.1 also provides insights into the requirements, recommended
approaches, and other nuances associated with developing comprehensive and accurate estimates
for reportable EPCRA Section 313 chemicals. To illustrate this approach, a diagram of
recommended steps for estimating quantities of reportable EPCRA Section 313 chemicals
released or otherwise managed as wastes is provided in Figure 4-1.
Chapter 4.2 of this chapter provides a focused discussion with examples of methods and
tools to use in calculating estimates of releases and other waste management activities specific to
many petroleum bulk storage facilities. In particular, Chapter 4.2 provides specific examples and
issues pertaining to common chemical thresholds in the petroleum bulk storage industry. These
chemical thresholds are:
Loading/unloading of petroleum products;
Storage of petroleum products;
Blending/mixing of petroleum products;
Tank cleaning and equipment maintenance; and
Wastewater treatment and oil water separation.
4-1
-------
Sfapf: Identify Potential Release and Other
Waste Mangement Source*
StspJl Prepare Process
Flow Diagram
Step 3: Identify Release and Other
Waste Management
Activity Types
^^ ^^ ^^ ^^ ^^ ^w
Fugitive Point Discharge Underground Land POTW
Air Air to Injection On-Site
Wate
body
^k^
^
C
f
^
>.
'
Transfer Transfer Transfer Transfer On-Site On-Site On-Site
Off- Site for Off-Site for Off-Site for Off-Site for Waste Energy Recycling
Recy
)
cling Energy F
f \
Sfap 4: Review Avai
Recovery Treat
f
ment Disp
alntt B^
osal Treat
nent Rec
Data & Choose y^
Estimation t>
avery
lethod B^
lmmmm m iii
Step 4: Calculate Amounts of
Releases and Other Waste
Management Activities
Figure 4-1 Release and Other Waste Management Calculation Approach
-------
4.1 General Steps for Determining Releases and Other Waste Management Activities
You can develop release and other waste management estimates by completing these four
basic steps. See Figure 4-1 for illustration of this four-step process.
Step 1) Identify potential sources of chemicals released or otherwise managed as
waste.
Step 2) Prepare a process flow diagram.
Step 3) Identify on-site releases, off-site transfers, and other on-site waste
management activity types.
Step 4) Determine the most appropriate method(s) to develop the estimates for
releases and other waste management activity quantities and calculate the
estimates.
These steps are described in detail in the following sections.
4.1.1 Step 1: Identify Potential Sources of Chemical Release and Other Waste
Management Activities
The first step in release calculations is to identify all areas at your facility that could
potentially release reportable Section 313 chemicals. Consider all potential sources at which
reportable EPCRA Section 313 chemicals may be released and otherwise managed from each unit
operation and process. Remember to include upsets and routine maintenance activities. Potential
sources include the following:
Relief valves;
Pumps;
Stacks;
Volatilization from process or treatment;
Fittings;
Transfer operations;
Flanges;
Storage tanks;
Stock pile losses;
Waste treatment discharges;
Process discharge stream;
Container residues;
Recycling and energy recovery byproducts;
Accidental spills and releases;
Storm water runoff;
Clean up and housekeeping practices;
Treatment sludge; and
Combustion byproducts.
4-3
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BPCRA Section 313
Chemical In
Point Sources
Fugitive Emissions
Operation
(EPCRA Section 313
Chemicals Maiuifectmed
On-Site)
Underground Injection
on-fdte
Receiving Streams
POTWe
ftanster Off-Site
Recycling
Energy Recovery
Treiboent
Disposal
Product Containing
EPCRA Section 313
Chemical
(Not Reported on Form R)
Treatment
Qn-site Management
Energy Recovery
Recycling
Land on-site (Inndfil^ land
treatment, fnirroce impoundment)
other disposal)
Figure 4-2. Possible Release and Other Waste Management Types
for EPCRA Section 313 Chemicals
4-4
-------
Next, you must identify the reportable EPCRA Section 313 chemicals that are released and
otherwise managed from each source. A thorough knowledge of the facility's operations and
processes will be required to make an accurate determination of which chemicals are involved,
including those EPCRA Section 313 chemicals that are coincidentally manufactured during these
processes.
4.1.2 Step 2: Prepare a Process Flow Diagram
Preparing a process flow diagram will help you calculate your releases by illustrating the
life-cycle of the reportable EPCRA Section 313 chemical(s), as well as help you identify any
sources of chemicals that are released and otherwise managed as waste at your facility that you
might have missed in step 1. Depending on the complexity of your facility, you may want to
diagram individual processes or operations rather than the entire facility. The diagram should
illustrate how materials flow through the processes and identify material input, generation, and
output points. By reviewing each operation separately, you can determine where EPCRA Section
313 chemicals are manufactured, processed, or otherwise used and the medium to which they will
be released on-site, transferred off-site for further waste management, or otherwise managed as
wastes on-site.
4.1.3 Step 3: Identify On-Site Releases, Off-Site Transfers and On-Site Waste
Management Activity Types
For each identified source of an EPCRA Section 313 chemical, you must examine all
possible releases and other waste management activities. Figure 4-2 is a schematic of releases and
other waste management activities as they correspond to individual data elements on the Form R.
Remember to include both routine operations and accidents when identifying types of chemical
management activities. This diagram, along with the following descriptions, can be used as a
checklist to make sure all possible types of releases and other waste management activities have
been considered.
a. Fugitive or Non-Point Air Emissions (Part II, Section 5.1 of Form R) -
Emissions to the air that are not released through stacks, vents, ducts, pipes, or
any confined air stream. Examples include:
Equipment leaks from valves, pump seals, flanges, compressors, sampling
connections, open-ended lines, etc.;
Releases from building ventilation systems, such as a roof fan in an open
room;
Evaporative losses from solvent cleaning tanks, surface impoundments, and
spills; and
Emissions from any other fugitive or non-point sources.
b. Stack or Point Air Emissions (Part II, Section 5.2 of Form R) - All emissions
to the air which occur through stacks, vents, ducts, pipes, or any confined air
stream, including storage tank emissions and emissions from air pollution control
equipment. Emissions released from general room air through a ventilation system
4-5
-------
are not considered stack or point releases for the purpose of EPCRA Section 313
reporting unless they are channeled through an air pollution control device.
Instead, they are considered fugitive releases. You should note that some state air
quality agencies consider ventilation systems without an attached pollution control
device to be a stack or point source, and other agencies consider releases from
storage tanks to be fugitive emissions.
c. Discharges to Receiving Streams or Water Bodies (Part II, Section 5.3 of
Form R) - Direct wastewater discharges to a receiving stream or surface water
body. Discharges usually occur under a National Pollutant Discharge Elimination
System (NPDES) permit.
d. Underground Injection On site to Class I Wells (Part II, Section 5.4.1 of
Form R) and to Class II through V Wells (Part II, Section 5.4.2 of Form R)
Disposal into an underground well at the facility. These wells may be monitored
under an Underground Injection Control (UIC) Program permit. RCRA
Hazardous Waste Generator Reports may be a good source of information for
wastes injected into a Class I well. Injection rate meters combined with waste
profiles may provide the necessary information for all classes of wells.
e. Releases to Land On Site (Part II, Section 5.5 of Form R) - All releases to land
on site, both planned (i.e., disposal) and unplanned (i.e., accidental release or spill).
The four predefined subcategories for reporting quantities released to land within
the boundaries of the facility are:
e(l). Landfill - The landfill may be either a RCRA permitted or a non-hazardous
waste landfill. Both types are included if they are located on site.
e(2). Land treatment/application farming - Land treatment is a disposal
method in which a waste containing an EPCRA Section 313 chemical is
applied to or incorporated into soil. Volatilization of an EPCRA Section
313 chemical due to the disposal operation must be included in the total
fugitive air releases and/or should be excluded from land
treatment/application farming to accurately represent the disposition of the
EPCRA Section 313 chemical and to avoid double counting.
Sludge and/or aqueous solutions that contain biomass and other organic
materials are often collected and applied to farm land. This procedure
supplies a nitrogen source for plants and supplies metabolites for
microorganisms. EPA considers this operation to be land
treatment/farming if it occurs on site. If a facility sends this material off
site for the same purpose, it is considered to be a "transfer to an off site
location, disposal" and should be reported under Part II, Sections 6.2 and
8.1 of the Form R.
4-6
-------
The ultimate disposition of the chemical after application to the land does
not change the required reporting. For example, even if the chemical is
eventually biodegraded by microorganisms or plants, it is not considered
recycled, reused, or treated.
e(3). Surface impoundment - A surface impoundment is a natural topographic
depression, man-made excavation, or diked area formed primarily of
earthen materials that is designed to hold an accumulation of wastes
containing free liquids. Examples include: holding, settling, storage, and
elevation pits; ponds; and lagoons.
You do not have to report quantities of an EPCRA Section 313 chemical
that are released to a surface impoundment as part of a wastewater
treatment operation in this section. However, if the sludge from the
surface impoundment contains the EPCRA Section 313 chemical, then the
EPCRA Section 313 chemical in the sludge must be estimated in this
section unless the sludge is removed and subjected to another waste
management activity. In that case, it should be reported for that activity, as
appropriate.
e(4). Other disposal - Releases to land that do not fit the categories of landfills,
land treatment, or surface impoundment are classified as other disposal.
This category also includes any spills or leaks of the EPCRA Section 313
chemical to land.
f. Transfers Off Site to a Publicly Owned Treatment Works (POTW) (Part II,
Section 6.1 of Form R) The amount of EPCRA Section 313 chemical in water
transferred to an off site POTW.
g. Transfers to Other Off-Site Locations (Part II, Section 6.2 of Form R) All
amounts of the EPCRA Section 313 chemical transferred off-site for the purposes
of waste treatment, disposal, recycling, or energy recovery. Be sure to include
quantities of the EPCRA Section 313 chemical in non-hazardous wastes (such as
sanitary waste and facility trash) transferred off-site and metals in waste transferred
off site for recycling.
Any residual chemicals in "empty" containers transferred off-site would also be
reported in Section 6.2. EPA expects that all containers (bags, totes, drums, tank
trucks, etc.) will have a small amount of residual solids and/or liquid. On-site
cleaning of containers must be considered for EPCRA Section 313 reporting. If
the cleaning occurs with a solvent (organic or aqueous), you must report the
disposition of the waste solvent as appropriate. If the containers are sent off site
for disposal or reclamation, you should report the EPCRA Section 313 chemical in
this section.
4-7
-------
Actual data and a knowledge of the unloading methods at your facility can be used
to estimate the quantity of residual chemicals in containers. However, EPA has
developed guidance to assist facilities if there is no site-specific information. Table
4-1 provides results from experimentation on residue quantities for a sample of
waste types if left in drums and tanks when emptied. These results are presented
as the mass percent of the vessel capacity and are categorized based on unloading
method, vessel material, and bulk fluid material properties such as viscosity and
surface tension.
Table 4-1
Summary of Residue Quantities From Pilot-Scale Experimental Study3-1*
(weight percent of drum capacity)
Unloading
Method
Pumping
Pumping
Pouring
Pouring
Gravity
Drain
Gravity
Drain
Gravity
Drain
Vessel Type
Steel drum
Plastic drum
Bung-top steel
drum
Open-top steel
drum
Slope-bottom
steel tank
Dish-bottom
steel tank
Dish-bottom
glass-lined
tank
Value
Range
Mean
Range
Mean
Range
Mean
Range
Mean
Range
Mean
Range
Mean
Range
Mean
Material
Kerosene*
1.93 - 3.08
2.48
1.69-4.08
2.61
0.244 - 0.472
0.404
0.032 - 0.080
0.054
0.020 - 0.039
0.033
0.031-0.042
0.038
0.024 - 0.049
0.040
Water"
1.84 - 2.61
2.29
2.54 - 4.67
3.28
0.266 - 0.458
0.403
0.026 - 0.039
0.034
0.016 - 0.024
0.019
0.033 - 0.034
0.034
0.020 - 0.040
0.033
Motor Oil"
1.97-2.23
2.06
1.70-3.48
2.30
0.677 - 0.787
0.737
0.328 - 0.368
0.350
0.100-0.121
0.111
0.133-0.191
0.161
0.112-0.134
0.127
Surfactant
Solutionf
3.06
3.06
Not
Available
0.485
0.485
0.089
0.089
0.048
0.048
0.058
0.058
0.040
0.040
From "Releases During Cleaning of Equipment." Prepared by PEI Associates, Inc., for the U.S. Environmental
Protection Agency, Office of Pesticides and Toxic Substances, Washington, D.C. Contract No. 68-02-4248.
June 30,1986.
'The values listed in this table should only be applied to similar vessel types, unloading methods, and bulk fluid
materials. At viscosities greater than 200 centipoise, the residue quantities can rise dramatically and the
information on this table is not applicable.
Tor kerosene, viscosity = 5 centipoise, surface tension = 29.3 dynes/cm2
''For water, viscosity = 4 centipoise, surface tension = 77.3 dynes/cm2
"For motor oil, viscosity = 97 centipoise, surface tension = 34.5 dynes/cm2
'For surfactant solution viscosity = 3 centipoise, surface tension = 31.4 dynes/cm2
4-8
-------
The following example describes how the information in the table can be used to estimate
the quantity of an EPCRA Section 313 chemical in water that was used to clean drums on
site.
, " " 7"". Example - Container Residue
transferred to the rinse water. Therefore, the quantity transferred to the drunTreclaimer
should be reported as "zero." ,->-' " / \ * &£-, ' <"
The quantity of residual soliition that is transferred to the rinse water can'be estimated^by',
multiplying the mean weight percent of residual water from pumping a steeidrum by the
weight of solution in the drum (density/of solution multiplied by drum volume^ If the density
is not known, it may be appropriate to use'the density of water (8.34 pounds per gallon):
(2.29%*) (8.34 pounds/gallon) (55 gallons/drum) (1,000 drums) = 10,504 pounds"'' "
solution , -' " ,' ^ . . , * ^ '" *>*"," T" f- - ?
- " " - , , , " ' / -A \ ? A tY-
The concentration of the EPCRA Section 313 chemical in the solution is only 10%. '"*'"* "'
(10,504 pounds solution) (10%) = 1,050 pounds
Therefore, ,1,050 pounds of the chemica! are transferred* to the pu-site wastewater treatment
system \ ^" °~ - \ , "^
%lean value taken from Table_4-l , , '"' ,
h. On-Site Waste Treatment (Part II, Section 7A of Form R) All on-site waste
treatment of reported EPCRA Section 313 chemicals. The information reported in
Section 7A focuses on the treatment of the waste stream. The information
includes: type of waste stream (gaseous, aqueous or non-aqueous liquid, or solid);
treatment methods or sequence; influent concentrations of the EPCRA Section 313
chemical; treatment efficiency of each method or sequence; and whether efficiency
data are based on actual operating data. Metal compounds in waste subjected to a
combustion process are not destroyed but should still be reported as going through
the treatment process, with a treatment efficiency of zero.
4-9
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Example - On-Site Waste Treatment
A process at the facility generates a wastewater stream containing an EPCRA Section 313
chemical (chemical A). A second process generates a wastewater stream containing two
EPCRA Section 313 chemicals, a metal (chemical B) and a mineral acid (chemical C).
Thresholds for all three EPCRA Section 313 chemicals have been exceeded and you are in the
process of completing separate Form Rs for each chemical.
All wastewater streams are combined and sent to an on-site wastewater treatment system
before being released to a POTW. This system consists of an oil/water separator which
removes 99% of chemical A; a neutralization tank where the pH is adjusted to 7.5, thereby
destroying 100% of the mineral acid (chemical C), and a settling tank where 95% of the metal
(chemical B) is removed from the water (and eventually landfilled off site).
Section 7A should be completed slightly differently for each chemical for which a Form R
must be filed. The table accompanying this example shows how Section 7A should be
completed for each chemical. First, on each Form R you should identify the type of waste
stream in Section 7A.la as wastewater (aqueous waste, code W). Next, on each Form R you
should list the code for each of the treatment steps that are applied to the entire waste stream,
regardless of whether the operation affects the chemical for which you are completing the
Form R (for instance, the first four blocks of Section. 7A4b pf all three Form Rs should show:
P19 (liquid phase separation), Cl 1 (neutralization), PI 1 (settiing/Glarification),,and NA (to
signify the end of the treatment system). Note that Section 7A.lb is the only section of the
Form R that is not chemical specific. It applies to the entire waste stream being treated.
Section 7A.lc of each Form R should show the concentration of the specific chemical in the
influent to the first step of the process (oil/water separation), For this example, assume ,
chemicals A, B, and C are all present at concentrations greater than 1%. Therefore, code "1"
should be entered. Section 7A.ld is also chemical specific. It applies to the efficiency of the
entire system in destroying and/or removing the chemical for the Form R you are currently
completing. 99% should be entered when filing for chemical A, 95% for chemical B, and
100% for chemical C. Finally, you should report whether the influent concentration and
efficiency estimates are based on operating data for each .chemical, as appropriate.
Chemical A
7A.la
W
1. P19 2. Cll
7A.lc
7A.ld
99 .%-
7A.le
Yes No
X
Chemical B
7A.la
W
7A.lb
7A.lc
7A.ld
95 %
7A.le
Yes No
X
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Example - On-Site Waste Treatment-fcont.)
Chemical C
7A.la
W
7A.lb
1. P19 2.- Cll
-5.
7A.lc
7A.ld
100 %
7A.le
Yes No
X
Note that the quantity removed and/or destroyed is not-reported in Section 7 and that the
efficiency reported in Section 7A.ld refers to the amount of EPCRX Section 313 chemical
destroyed and/or removed from the applicable waste stream. The amount actually destroyed
should be reported in Section 8.6 (quantity treated on site). For example, when completing
the Form R for chemical B you should report "0" pounds in Section 8.6 because the metal has
been removed from the wastewater stream, but not actually destroyed. The quantity of
chemical B that is ultimately land filled off site should be reported in Section 6.2 and 8.1.
However, when completing the Form R for chemical C you should report the entire quantity in
Section 8.6 because raising the pH to 7.5 will completely destroy the mineral acid.
I. On-Site Energy Recovery (Part II, Section 7B of Form R) All on-site energy
recovery of reported EPCRA Section 313 chemicals must be reported. EPA's
view is that chemicals that do not contribute significant heat energy during
combustion processes should not be considered for energy recovery. Therefore,
only chemicals with a significant heating value (e.g., heating value high enough to
sustain combustion) that are combusted in an energy recovery unit, such as an
industrial furnace, kiln, or boiler can be reported for energy recovery. If an
EPCRA Section 313 chemical is incinerated on-site but does not significantly
contribute energy to the process (e.g., chlorofluorocarbons), it must be considered
on-site waste treatment (see Chapter 4.1.3(h). above). Metal and metal
compounds in a waste that is combusted cannot be considered combusted for
energy recovery because metals do not have any heat value.
j. On-Site Recycling (Part II, Section 7C of Form R) All on-site recycling
methods used on EPCRA Section 313 chemicals must be reported.
k. Source Reduction and Recycling Activities (Part II, Section 8 of Form R)1
Provide information about source reduction and recycling activities related to the
EPCRA Section 313 chemical for which releases and other waste management
activities are being reported. Section 8 uses some data collected to complete Part
lrThe subsection 8.1 through 8.8 designation are those for the 1997 Form R. Please refer to the
current reporting year's TRI Forms and Instructions for any changes.
4-11
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n, Sections 5 through 7. For this reason, Section 8 should be completed last. The
relationship between Sections 5, 6, and 8.8 to Sections 8.1, 8.3, 8.5, and 8.7 are
provided in equation forms below.
k(l). Quantity Released (Part II, Section 8.1 of Form R) - The quantity
reported in Section 8.1 is the quantity reported in all of Section 5 plus the
quantity of metals and metal compounds reported as discharged off site to
POTWs in Section 6.1 plus the quantity reported as sent off site for
disposal in Section 6.2 minus the quantity reported in Section 8.8 that was
released on-site or transferred off-site for disposal:
Section 8.1 = Section 5 + Section 6.1 (metals and metal compounds) +
Section 6.2 (disposal) - Section 8.8 (release or off-site disposal only)
k(2). Quantity Used for Energy Recovery On-Site (Part II, Section 8.2 of
Form R) - Estimate a quantity of the EPCRA Section 313 chemical in
wastes combusted for energy recovery on-site. This estimate should be the
quantity of the chemical combusted in the process for which codes were
reported in Section 7B (unless the 7B code is related to a Section 8.8
activity). Test data from trial burns or other monitoring data may be used
to estimate the quantity of the EPCRA Section 313 chemical combusted
for energy recovery purposes. If monitoring data are not available, vendor
specifications regarding combustion efficiency may be used as they relate to
the reportable EPCRA Section 313 chemical. A quantity should be
reported hi Section 8.2 when a method is reported in Section 7B (unless
the 7B code is related to a Section 8.8 activity). Combustion for energy
recovery is interpreted by EPA to include the combustion of an EPCRA
Section 313 chemical that is (1) (a) a RCRA hazardous waste or waste
fuel, (b) a constituent of a RCRA hazardous waste or waste fuel, or (c) a
spent or contaminated "otherwise used" material; and that (2) has a
significant heating value and is combusted in an energy or materials
recovery device. Energy or materials recovery devices are boilers and
industrial furnaces as defined in 40 CFR 372.3 (see 62 FR 23891, May 1,
1997). If a reported EPCRA Section 313 chemical is incinerated but does
not contribute energy to the process (e.g., metal, metal compounds, and
chlorofluorocarbons), it must be considered treatment for destruction. In
determining whether an EPCRA Section 313 listed chemical is combusted
for energy recovery, the facility should consider the heating value of the
EPCRA Section 313 chemical and not of the chemical stream. Note that
"NA" should be reported for EPCRA Section 313 chemicals which are
halogens, CFCs, halons, and metals.
k(3). Quantity Used for Energy Recovery Off-Site (Part II, Section 8.3 of
Form R) - The quantity reported in Section 8.3 is the quantity reported in
Section 6.2 for which energy recovery codes are reported. If a quantity is
4-12
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reported in Section 8.8, subtract any associated off-site transfers for energy
recovery:
Section 8.3 = Section 6.2 (energy recovery) - Section 8.8 (off-site energy
recovery)
Combustion for energy recovery is interpreted by EPA to include the
combustion of an EPCRA Section 313 chemical that is (1) (a) a RCRA
hazardous waste or waste1 fuel, (b) a constituent of a RCRA hazardous
waste or waste fuel, or (c) a spent or contaminated "otherwise used"
material; and that (2) has a significant heating value and is combusted in an
energy or materials recovery device. Energy or materials recovery devices
are boilers and industrial furnaces as defined in 40 CFR 372.3 (see 62 FR
23891, May 1,1997). If a reported EPCRA Section 313 chemical is
incinerated but does not contribute energy to the process (e.g., metal, metal
compounds, and chlorofluorocarbons), it must be considered treatment for
destruction. In determining whether an EPCRA Section 313 listed
chemical is combusted for energy recovery, the facility should consider the
heating value of the EPCRA Section 313 chemical and not of the chemical
stream. Note that "NA" should be reported for EPCRA Section 313
chemicals which are halogens, CFCs, halons, and metals.
k(4). Quantity Recycled On-Site (Part II, Section 8.4 of Form R) - Estimate
a quantity of the EPCRA Section 313 chemical recycled in wastes on-site.
This estimate should be the quantity of the chemical recycled in the
operation for which codes were reported in Section 7C (unless the 7C code
is related to a Section 8.8 activity). A quantity should be reported in
Section 8.4 when a method of on-site recycling is reported in Section 7C
(unless the 7C code is related to a Section 8.8 activity). To estimate this
quantity, you should determine if operating data exist which indicate a
recovery efficiency and use that efficiency value combined with throughput
data to calculate an estimate. If operating data are unavailable, use
available vendor specifications.
k(5). Quantity Recycled Off-Site (Part II, Section 8.5 of Form R) - The
quantity reported in Section 8.5 will generally be the same as the quantity
reported in Section 6.2 for which recycling codes are reported. If a
quantity is reported in Section 8.8, subtract any associated off-site transfers
for recycling:
i
§8.5 = §6.2 (recycling) - §8.8 (off-site recycling)
k(6). Quantity Treated On-Site (Part II, Section 8.6 of Form R) - Waste
treatment in Section 8 is limited to the destruction or chemical conversion
of the EPCRA Section 313 chemical in wastes. The quantities reported in
Section 8.6 will be those treated in a subset of the operations for which
4-13
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codes were reported in Section 7A, where treatment can include physical
removal of the EPCRA Section 313 chemical(s) from a waste stream. To
estimate the quantity, you should determine if operating data exist which
indicate a treatment (e.g., destruction or chemical conversion of EPCRA
Section 313 chemical) efficiency and use that efficiency value combined
with throughput data to calculate an estimate. Because metals cannot be
destroyed or chemically converted into something other than the metal or
metal compound, metals cannot be reported as treated in Sections 8.6 or
8.7. Note that conversion of a metal from one oxidation state to another
(e.g., Cr(VI) to Cr(ni) is not considered treatment in Section 8.6. If
operating data are unavailable, use available vendor specifications. Section
7A must be completed if a quantity is entered into Section 8.6.
k(7). Quantity Treated Off-Site (Part II, Section 8.7 of Form R) - This
quantity reported in Section 8.7 must be the same as the quantity reported
in Section 6.2 for which treatment codes are reported and quantities sent to
a POTW as reported in Section 6.1 except for metal and metal compounds.
If a quantity is reported in Section 8.8, subtract any associated off-site
transfers for treatment:
Section 8.7 = Section 6.1 (except metals and metal compounds) + Section
6.2 (treatment) - Section 8.8 (off-site treatment)
Because metals cannot be destroyed or chemically converted into
something other than the metal or metal compound, metals cannot be
reported as treated in Sections 8.6 or 8.7. Quantities of metals reported in
Section 6.1 and 6.2 as being treated should be reported in Section 8.1
(Quantity Released) unless the facility has knowledge that the metal is
being recovered.
k(8). Quantity Released to the Environment as a Result of Remedial
Actions, Catastrophic Events, or One-Time Events Not Associated
with Production Processes (Part II, Section 8.8 of Form R) - The
purpose of this section is to separate quantities recycled, used for energy
recovery, treated, or released (including disposal) that are associated with
normal or routine production from those that are not. The quantity
reported in Section 8.8 is the quantity of the EPCRA Section 313 chemical
released directly into the environment or sent off-site for recycling, waste
treatment, energy recovery, or disposal during the reporting year due to
any of the following events:
(1) Remedial actions;
(2) Catastrophic events such as earthquakes, fires, or floods; or
(3) One-time events not associated with normal or routine production
processes.
4-14
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k(9)
The quantity reported in Section 8.8 should not be included with quantities
reported in Part n, Sections 8.1 through 8.7 of Form R, but should be
included in Part n, Sections 5 and 6 of Form R as appropriate. The on-site
waste management activities should also be reported in Section 7.
Spills that occur as a routine part of production operations and could be
reduced or eliminated by improved handling, loading, or unloading
procedures are included in the quantities reported in Sections 8.1 through
8.7 as appropriate. On-site releases and off-site transfers for further waste
management resulting from remediation of an EPCRA Section 313
chemical or an unpreventable accident unrelated to production (such as a
hurricane) are reportable in Section 8.8.
On-site treatment, energy recovery, or recycling of EPCRA Section 313
chemicals in wastes generated as a result of remedial actions, catastrophic
events, or one-time events not associated with production processes are
not reported in Part n, Section 8.8 nor Sections 8.1 through 8.7 of Form
R.
Prior Year Estimates (for Part II, Sections 8.1 - 8.7 of Form R) -. In
several instances, the Form R prompts the facility for information from
prior reporting years. In Section 8, Source Reduction and Recycling
Activities, Column A of Sections 8.1-8.7 requests release and other waste
management information from the prior reporting year. Because 1998 is
the first year that petroleum bulk storage facilities were required to collect
data for EPCRA Section 313 reporting, you may enter "NA" in column A
for Form Rs for RY 1998 only. In Section 8.9, you are required to provide
a production ratio or activity index to reflect either the ratio of current
year's production to prior year's production or an index of the current
year's activity to prior year's activity with respect to the reportable
EPCRA Section 313 chemical. Because you were not required to collect
data prior to 1998, recently added facilities as a result of the industry
expansion rulemaking may also enter "NA" in Section 8.9 for Form Rs for
RY 1998 only.
POSSIBLE ERROR - Double Counting
Releases and other waste management activities should not be inadvertently "double counted." A
single wastewateir discharge^should-not be listed as both a release to water (on site) and a
discharge to POTW (off site). Similarly,^ release to land should not be listed as both a release to
iand (on site) and a transfer to an off-site landfill. Estimates of releases and other waste
management activities should be prepared for Sections 5 through. 7-of the Form R. Fpr the most
part, Section 8 relies on the data collected to complete these previous sections. Therefore, Section
8 should-be completed last. However, the data elements of Section 8 (8.1 through 8.7) are
mutually exclusive and care should be taken to;avoid double counting. , ;.
4-15
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4.1.4 Step 4: Determine the Most Appropriate Method(s) to Develop the Estimates for
Releases and Other Waste Management Activity Quantities and Calculate the
Estimates
After you have identified all of the potential sources for release and other waste
management activity types, you must next estimate the quantities of each reportable chemical
released and otherwise managed as waste. EPA has identified four basic methods that may be
used to develop estimates (each estimate has been assigned a code that must be identified when
reporting). The methods and corresponding codes are:
Monitoring Data or Direct Measurement (M);
Mass Balance (C);
Emission Factors (E); and,
Engineering Calculations (O).
Descriptions of these techniques are provided in Estimating Releases and Waste
Treatment Efficiencies for the Toxic Chemical Release Inventory Form. They are also briefly
described below. EPA does not require you to conduct additional sampling or testing for
Section 313 reporting; however, you are required to use the best "readily available data" or
prepare reasonable estimates. For example, emission factors or engineering calculations may not
be the best "readily available data" when other data, such as stack testing, are available. For each
reported amount, you are required to identify only the primary method used for each estimate.
Based on site-specific knowledge and potential data sources available, you should be able
to determine the best method for calculating quantities for each release and other waste
management activity. Many potential sources of data exist for these (and other) methods of
developing estimates. Table 4-2 presents potential data sources and the estimation methodology in
which they are most likely to be used.
4-16
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Table 4-2
Potential Data Sources for Release and Other Waste Management
Calculations
DAfA SOURCES
Monitoring Data (M)
Stack monitoring data
Outfall monitoring data
Air permits
Industrial hygiene monitoring data
NPDES permits
POTW pretreatment standards
Effluent limitations
RCRA permit
Hazardous waste analysis
pH for acids
Continuous emission monitoring
Emission Factors (E)
Mass Balance (C)
Supply records
Hazardous material inventory
Air emissions inventory
Pollution prevention reports
Hazardous waste manifests
Spill event records
AP-42 or other EPA emission factors
Published facility or trade association chemical-
specific emission factors
Engineering Calculations (O)
Volatilization rates
Raoult's Law
Henry's Law
Solubilities
Non-published emission factors
Facility or trade association non chemical specific
emission factors (e.g., SOCMI factors)
Once estimation methods have been determined for all potential sources, releases and
other waste management activities, an estimate for each reportable EPCRA Section 313 chemical
can be developed corresponding to the data elements on Form R.
4.1.4.1 Monitoring Data or Direct Measurement (code M)
Using monitoring data or direct measurements is usually the best method for developing
estimates for chemical releases and other waste management activity quantities estimates. Your
facility may be required to perform monitoring under provisions of the Clean Air Act (CAA),
Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), or other
regulations. If so, these data should be available for developing estimates. Data may have also
been collected for your facility through an occupational health and safety assessment. If only a
small amount of direct measurement data are available or if you believe the monitoring data are
not representative, you must determine if another estimation method would give a more accurate
result. ,
4-17
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Example - Monitoring Data
Data from the on-site wastewater treatment facility indicate that the annual average concentration of copper in
the POTW discharge is 2 mg/L. The wastewater treatment facility processed 1.5 million gallons of water in
1997. The treated wastewater is discharged to an off-site POTW. The amount of copper transferred off site to
the POTW (for Part n, Section 6.1 of the Form R) is estimated as follows:
Amount of copper transferred
= 251bs/yr
POSSIBLE ERROR - Treatment Efficiencies
Vendor data on treatment efficiencies often represent ideal operating conditions. Thus, you should adjust such
data to account for downtime and process upsets during the actual reporting year that would result in lower
efficiencies. Remember that efficiencies reported by vendors are often general and may not apply to specific
chemicals or uses of the equipment. For example, an incinerator or flare may be 99.99% efficient in
combusting organic chemicals, but will have a zero percent efficiency in combusting metals.
4.1.4.2 Mass Balance (code C)
A mass balance involves determining the amount of an EPCRA Section 313 chemical
entering and leaving an operation. The mass balance is written as follows:
where:
Input + Generation = Output + Consumption
Input refers to the materials (chemicals) entering an operation. For example,
chlorine added to process water as a disinfectant would be considered an input to
the water treatment operation.
Generation identifies those chemicals that are created during an operation
(manufactured, including coincidental manufacturing). For example, additional
ammonia, sodium nitrite, or nitrate compounds may be coincidentally
manufactured in biological wastewater treatment systems.
Output means any avenue by which the EPCRA Section 313 chemical leaves the
operation. Output may include on-site releases and other on-site waste
management activities; transfers for treatment, disposal, energy recovery, or
recycling; or the amount of chemical that leaves with the final product. In a
solvent recovery operation, for example, the recovered solvent product and wastes
generated from the process are outputs.
4-18
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Consumption refers to the amount of chemical that is converted to another
substance during the operation (i.e., reacted). For example, phosphoric acid would
be consumed by neutralization during wastewater treatment.
The mass balance technique may be used for manufactured, processed, or otherwise used
chemicals. It is typically useful for chemicals that are "otherwise used" and do not become part of
the final product, such as catalysts, solvents, acids, and bases. For large inputs and outputs, a
mass balance may not be the best estimation method, because slight uncertainties in mass
calculations can yield significant errors in the release and other waste management estimates.
Example - Estimating Releases to Air Using Mass Balance
* * *""* '
A facility uses an EPCRA Section 313 chemical as a refrigerant in condensers to control air emissions and adds
20,000 pounds to the refrigeration system in 1998'"(to make up for system losses). The chemical is released to
the ah- from relief vents, during system filling operations and from leaks in valves and fittings. During system
maintenance, the lines are bled directly into water and the system is vented to the air. Monitoring data of the
wastewater, including chemical concentrations and,wastewater throughput, indicate that 1,200 pounds of the
chemical were discharged to the wastewater in 1998. The remaining losses are assumed to be fugitive air
releases and are estimated as follows: - ; .. . - v
Fugitive air releases of the EPCRA Section 313 chemical
= Amount input (Ibs/yr) - Amount released to wastewater (Ibs/yr)
=,20,000 Ibs/yr - 1,200 Ibs/yr
= 18<,800 Ibs/yr
POSSIBLE ERROR - Mass Balances for Otherwise Used Chemicals
!»*".,
If you are performing mass balance to estimate the quantity for a particular data element, make sure you include
all inputs and outputs as precisely as possible. If, for example, you identify all inputs properly, but you fail to
include all outputs^ your estimate could be inaccurately inflated. Furthermore, if all inputs and outputs are
identified, but are not precise, the estimate of the release in question could also be inaccurate.
4.1.4.3 Emissions Factors (code E)
An emission factor is a representative value that attempts to relate the quantity of a
chemical released with an associated activity. These factors are usually expressed as the weight of
chemical released divided by a unit weight, volume, distance, or duration of the activity releasing
the chemical (e.g., pounds of chemical released per pounds of product produced). Emission
factors, commonly used to estimate air emissions, have been developed for many different
industries and activities. You should carefully evaluate the source of the emission factor and the
conditions for its use to determine if it is applicable to the situation at your facility.
4-19
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Many emission factors are available in EPA's Compilation of Air Pollutant Emission
Factors (AP-42). The use of AP-42 emission factors is appropriate in developing estimates for
emissions from boilers and process heaters. Equations are presented in AP-42 to calculate
chemical specific emission factors for liquid material loading/unloading of transportation vehicles
and storage tanks. AP-42 can be accessed at EPA's Technology Transfer Network (TTN)
website: http://www.epa.gov/ttn/chief/ap42.html.
It should be noted that, for purposes of EPCRA Section 313 reporting, the only estimates
that can be reported as "emission factors (code E)" are published chemical-specific emission
factors.
Emission Factors
Emissions from petroleum in storage occur because of evaporative losses. External and internal floating roof
tanks are sources of emissions because of evaporative losses that occur during standing storage and withdrawal
of liquid from the tank. Standing storage losses are a result of evaporative losses through rim seals, deck
fittings, and/or deck seams.
A number of equations used to calculate total VOC losses in pounds per year from storage tanks can be found in.
AP-42. The total losses from storage tanks are equal to the sum of the standing storage loss and working loss.
Variables such as tank design, liquid temperature, and wind velocity are taken into account when determining
standing storage loss and working loss. The emission equations for fixed-roof tanks in AP-42 were developed
for vertical tanks; however, the equations can also be used for horizontal tanks by modifying the tank
parameters as specified in AP-42.
Once the total volatile organic compound (VOG) loss is calculated, you can then determine the emission rate of
each constituent in the vapor. In general, the emission rate for individual components can be estimated by
multiplying the weight fraction of the constituent in the vapor by the amount of total VOC loss. The weight
fraction of the constituent in the vapor can be calculated using the mole fraction and the vapor pressure of the
constituent (equations found in AP-42).
4.1.4.4
Engineering Calculations (code O)
Engineering calculations are assumptions and/or judgements used to estimate quantities of
EPCRA Section 313 chemicals released or otherwise managed. The quantities are estimated by
using physical and chemical properties and relationships (e.g., ideal gas law, Raoult's law) or by
modifying an emission factor to reflect the chemical properties of the EPCRA Section 313
chemical in question. Engineering calculations rely on the process parameters; you must have a
thorough knowledge of the processes at your facility to complete these calculations.
Engineering calculations can also include computer models. Several computer models are
available for estimating emissions from landfills, wastewater treatment, water treatment, and other
processes.
Non-chemical-specific emission factors (e.g., SOCMI emission factors) and non-published
emission factors also can be used as discussed in Section 4.1.4.3, but must be classified as
"engineering calculations" for EPCRA Section 313 reporting.
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Example - Engineering Calculations
., - »^ '"K "*"- ^~ ''"i t .i*
Stack monitoring data are available for xylene but you have exceeded a threshold for toluene and must
determine amount released or otherwise managed. Toluene is used in the same application as xylene at your >
facility. You can estimate the emissions of toluene by adjusting the monitoring data of xylene by a ratio of the
vapor pressure for xylene to toluene. This example is an engineering calculation based on physical properties
and process operation information: *
T- , . ^ ? -,-,- , > t^f f *- *T"'-r -/
From facility stack monitoring data, an estimated 20pjbs. of xylene is released as air emissions during the
reporting year. Toluene is also present in the air emissions, but not monitored. The stack operates at
approximately 125°C. Based on literature data, the vapor pressures at 125°C for toluene is 1.44 atmospheres
and for xylene is 0.93 atmospheres.- Using a ratio of the vapor pressures, the amount of toluene released as air
emissions from the stack can be calculated: ' * * * J * * **' *
X Ibs/vr toluene =
200 Ibs/yr xylene
Xlbs/yr toluene =
1.44 arm (vaporxpressure of toluene)
0,93 atm (vapor pressure of xylene)
^ !". | ^
\\ ** ^
(200 Ibsyyr xvlene) x (1.44 arm toluene")
" (0.93 atm xylene)
Completing the calculation, die facility determines that 310 pounds of toluene were released as stack air
emissions during the reporting year, '
4.1.4.5
Estimating Releases and Other Waste Management Quantities
Once all sources, types, and appropriate estimation methodologies have been identified,
you can estimate the release and other waste management activity quantities for each data element
of the Form R. The recommended approach is that you estimate the amounts released from all
sources at your facility by the data element on the form R (i.e., first estimate all fugitive emissions
for an EPCRA Section 313 chemical (Part II, Section 5.1), then estimate all stack air releases for
an EPCRA Section 313 chemical (Part n, Section 5.2), etc.). Table 4-3 presents a work sheet
that may be helpful in compiling this information.
If you submit a Form R, you must also enter on-site waste treatment information in
Section 7A, including the code for each treatment method used, the treatment efficiency for the
chemical in the treated waste stream, and the concentration of the chemical in the influent sent to
treatment. You should report treatment methods that do not actually destroy or remove the
chemical by entering "0" for removal efficiency. Similarly, on-site energy recovery methods and
on-site recycling methods must be reported in Section 7B and 1C, respectively.
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Table 4-3 Release and Other Waste Management
Quantity Estimation Worksheet
Facility Name:
Toxic Chemical or Chemical Category:
CAS Number:
Reporting Year.
Date Worksheet Prepared:
Prepared by:
ON-SITE ' ' .;- . :" '-,;-, .-,-." "'-. ; '. '.'"/f.t1-'-'
Release or Other Waste Management
Activity Type
Amount flbs)
Basis of
Estimate
Form R Element
FUGITIVE AIR
Equipment Leaks
Process Areas
Evaporative Losses (spills, surface
impoundments)
Total =
5.1, (8. lor 8.8)
5.1, (8. lor 8.8)
5.1, (8.1 or 8.8)
5.1, (8.1 or 8.8)
STACK AIR
Process Vents
Storage Tanks
Control Device Stacks
Other
Total =
5.2, (8.1 or 8.8)
5.2, (8.1 or 8.8)
5.2, (8.1 or 8.8)
5.2, (8. lor 8.8)
5.2, (8. lor 8.8)
RECEIVING STREAM/WATER BODY DISCHARGE
Stormwater Discharge
On-Site Treatment Plant Discharge
Total =
5.3, (8. lor 8.8)
ON-SITE UNDERGROUND INJECTION
Underground Injection to Class I Wells
Underground Injection to Class II -V Wells
ON-SITE LAND
Landfill
Land Treatment/Application Farming
Surface Impoundment
Other
Total =
ON-SITE ENERGY RECOVERY
ON-SITE RECYCLING
ON-SITE TREATMENT
5.4, (8.1 or 8.8)
5.4, (8. lor 8.8)
5.5, (8.1 or 8.8)
5.5,(8.1,8.6,or
8.8)
5.5,(8.1or8.8)
5.5,(8.1 or 8.8)
8.2
8.4
8.6
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OFF-SITE ' , - \ * ' -
Release or Other Waste
Management
Activity Type
Amount (Ibs)
Basis of
Estimate
OFF-SITE DISPOSAL
Solidification/Stabilization
(metals and metal
compounds only)
Amount of metal and metal
compounds to POTW
Wastewater Treatment
(excluding POTWs) metals
and metal compounds only
Underground Injection
Landfill/Surface
Impoundment
Land Treatment
Other Land Disposal
Other Off-site Management
OTHER AMOUNTS SENT OFF-SITE
Amounts sent for storage
Amounts sent for unknown
waste management practice
Form R Data
Element
Off-Site Location
(name)
6.2, (8.1 or 8.8)
6.1, (8.1 or 8.8)
6.2, (8. lor 8.8)
6.2, (8.1 or 8.8)
6.2, (8. lor 8.8)
6.2, (8.1 or 8.8)
6.2, (8.1 or 8.8)
6.2, (8.1 or 8.8)
6.2, (8. lor 8.8)
6.2, (8. lor 8.8)
OFF-SITE TREATMENT
Solidification/Stabilization
Incineration/Thermal
Treatment
Incineration/Insignificant
Fuel Value
Wastewater Treatment (to
POTW excluding metals and
metal compounds)
Wastewater Treatment
(Excluding POTW and metal
and metal compounds)
Transfer to Waste Treatment
Broker
6.2,(8.7 or 8.8)
6.2, (8.7 or 8.8)
6.2, (8.7 or 8.8)
6.1, (8.7 or 8.8)
6.2, (8.7 or 8.8)
6.2, (8.7 or 8.8)
OFF-SITE ENERGY RECOVERY
Off-site Energy Recovery
Transfer to Energy Recovery
Broker
OFF-SITE RECYCLING
Solvents/Organics Recovery
Metals Recovery
Other Reuse or Recovery
Acid Regeneration
Transfer to Recycling Waste
Broker
6.2, (8.3 or 8.8)
6.2, (8.3 or 8.8)
6.2, (8.5 or 8.8)
6.2, (8.5 or 8.8)
6.2, (8.5 or 8.8)
6.2, (8.5 or 8.8)
6.2, (8.5 or 8.8)
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4.1.5 OTHER FORM R ELEMENTS
4.1.5.1
Maximum Amount On-Site (Part II, Section 4.1 of Form R)
In this section of the Form R, you are required to report the code that indicates the
maximum quantity of the EPCRA Section 313 chemical present at your facility at any time during
the reporting year. This estimate includes any amount of the chemical on-site in storage, in
process vessels, in treatment units, and in shipping containers. This calculation includes quantities
of the EPCRA Section 313 chemical present in purchased chemicals and in wastes. When
performing the calculation, use only the total amount of the chemical present at your site at any
one time. For example, assume you have a facility that incinerates waste and sends the remaining
ash to an off-site landfill. In February, you receive waste with 500 pounds of benzene which you
process completely within the month. In September, you receive waste with 600 pounds of
benzene which you also process in a similar time frame. If you have no other sources of benzene
on-site, your maximum amount estimation would be 600 pounds (range code 02). These codes
are provided in the TRI Forms and Instructions document.
4.1.5.2
Production Ratio or Activity Index (Part II, Section 8.9 of Form R)
For this data element, you are required to provide a ratio of reporting year production to
prior year production or provide an "activity index" based on a variable other than production that
is the primary influence on the quantity of the reported EPCRA Section 313 chemical recycled,
used for energy recovery, treated, or disposed. The ratio or index must be reported to the nearest
tenths or hundredth place (e.g., one or two digits to the right of the decimal point). Because the
facilities added by the facility expansion rulemaking were not required to collect data until
reporting year (RY) 1998, these facilities may enter "NA" in this data element regardless of
whether the chemical existed at your facility in the previous year (i.e., RY 1997). In future years,
however, petroleum bulk storage facilities may only enter "NA" in the production ratio or activity
index data element if the EPCRA Section 313 chemical was not manufactured, processed, or
otherwise used in the year prior to the reporting year for which a Form R is being submitted.
You may choose either the production ratio or activity index depending on the chemical
and how the chemical is used at your facility. The major factor in selecting whether to use a
production ratio or activity index is typically a measure of which activity threshold applies.
Typically, production ratio would apply to EPCRA Section 313 chemicals manufactured and
processed by a facility, while otherwise use activities would be best measured using an activity
index. A key consideration in developing a methodology for determining a production
ratio/activity index is that you should choose a methodology that is least likely to be affected by
potential source reduction activities. In most cases, the production ratio or activity index should
be based on some variable of production or activity rather than on EPCRA Section 313 chemical
or material usage.
For example, suppose you use an EPCRA Section 313 chemical as a cleaning solvent to
perform tank washouts. Using a production ratio based on the amount of the product produced
in the tanks between the prior and current reporting years may seem logical but may not take into
4-24
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consideration potential source reduction activities. As a result, an activity index may be more
appropriate. In this instance, an activity index based on the number of tank washouts conducted
would be more accurate in reflecting the potential source reduction activities that could be
implemented for that chemical and/or activity. For example, a source reduction activity might
include the facility deciding to modify the production process such that they would need to clean
the tanks less often and, therefore, use less cleaning solvent. The use of an activity index based
on tank washouts would better reflect the factors that influence the amount of solvent managed as
a waste than would a production ratio based on the amount of product produced in the tanks.
Example - Activity Index
A facility repackages formulated gasoline^pfoduet, containing 8% n-hexane,. In the previous year, the facility
received 300,000 gallons of the product for repackaging. For |he current reporting year, the facility received
200^000 gallons for repackaging.' One method thai the facility *may use to generates production ratio would be
to divide 2<30»OQO gallons from this year by 300,000 gallons from last year. _/l ^*_-
:,"', 2"00,00 gal, gasoline (current reporting year) '*' " * ~ "
, 3S00,000 gal, gasoline (previous reporting year)
5 = 0.6i Activity Index " < -
4.1.5.3
Source Reduction (Part II, Sections 8.10 and 8.11 of Form R)
The final two sections of the Form R are used for reporting any source reduction activities
conducted at the facility. Section 8.10 asks whether there has been any source reduction at the
facility during the current reporting year. If so, TRI Forms and Instructions provides a list of
three-digit codes that the facility must choose from to describe these source reduction activities.
Source reduction activities do not include recycling, treating, using for energy recovery, or
disposing of an EPCRA Section 313 chemical. Report in this section only the source reduction
activities implemented to reduce or eliminate the quantities reported in Section 8.1 through 8.7.
Under Section 8.11, check "yes" if you would like to attach any optional information on
source reduction, recycling, or pollution control activities for the EPCRA Section 313 chemical at
your facility. This information can be reported for the current reporting year, or for prior year
activities. The Agency asks that you limit this information to one page that summarizes the
source reduction, recycling, or pollution control activities implemented by your facility.
4-25
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4.2 Calculating Release and Other Waste Management Estimates at Petroleum Bulk
Storage Facilities
This section discusses the most common releases and other waste management activities at
petroleum bulk storage facilities and gives guidance for estimating these quantities. The
discussion is organized by release or other waste management type, as follows:
Fugitive Air Emissions
Stack or Point Source Air Emissions
Water Discharges
Releases to Land
On-site Waste Management
Transfers Off-site
Pollution Prevention Data
Facilities must report all releases and other waste management activities of any EPCRA
Section 313 chemicals that exceed activity thresholds at the facility. While this chapter is
designed primarily for petroleum bulk storage facilities, the release and other waste management
reporting issues may be relevant to all potentially reporting facilities. In particular, facilities that
store and transfer large volumes of product will find the estimation techniques discussed in this
chapter (e.g., methods of calculating air releases) useful.
Note that releases from operations hi which petroleum products are not brought on site to
be stored and redistributed off site are not subject to EPCRA Section 313 reporting. For
example, a storage facility may send tanker trucks to pick up gasoline from a refinery and
transport it directly to the gasoline station without bringing the fuel to be stored on site at the
storage facility. The releases from these types of transfers are not reported on the storage
facility's Form R.
As mentioned earlier in the chapter, process flow diagrams are a very useful way for
facilities to identify all sources of releases and other waste management activities. Figure 4-3
illustrates common operations and releases and other waste management outputs at petroleum
bulk storage facilities. Petroleum products enter the facility in bulk quantities via pipeline, rail car,
tank truck, or vessel, depending on the location of the facility. While on site, the petroleum is
stored hi large storage tanks and then subsequently dispensed into tanker trucks, rail cars, or
pipelines to be distributed in commerce. The facility also may engage in mixing or blending of the
petroleum products prior to distribution off-site. While Figure 4-3 is not meant to represent all
petroleum bulk storage facilities, it can be used as a starting point for creating a facility-specific
process flow diagram.
4-26
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Waste
Petroleum
Product/
Wastewater
Tank Cleaning
Tanker/Barge
T
SlacWPoW Ar Emissions
FugBveNon-Point fir Emissions
5
Pump/
Manifold
System
(to direct
petroleum
product)
1
Vlanfold'&Mpmei
\tointenanoeWast
Wastewater
X
* *
ft
. f'M
- u )
Product Bulk
Storage Tank
Waste/
Recovered
PtoductTank
'
Waste
Wastew
x^
rtt
nn
Blending
Agents/
Additives
aaao
Note: Petroleum entering andteaving the facility is directed through a pump and manitcW system, as hdk^ed by the cbuble-anowed
lines.
Figure 4-3 Process Flow Diagram at Petroleum Terminals and Bulk Storage Facilities
4.2.1 Fugitive Air Emissions, Section 5.1 of Form R
Fugitive air emissions can occur from a number of sources. The primary fugitive emissions
sources for EPCRA Section 313 chemicals at petroleum bulk storage facilities are likely to be:
Loading/unloading and transfer of petroleum products containing EPCRA Section
313 chemicals; '
Blending and mixing of petroleum products containing EPCRA Section 313
chemicals;
Wastewater treatment and other sources, including tank cleaning operations, spills/
and tank overfills, containing EPCRA Section 313 chemicals.
4-27
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Releases
Tank trucks and rail cars physically enter a
facility. While loading for transport, emissions of
EPCRA Section 313 chemicals may occur. Are
these emissions subject to reporting under EPCRA
Section 313?
Yes, because the loading and the releases occur
within the facility boundary, the releases must be
reported if the facility meets activity threshold for
the EPCRA Section 313 chemical, employee, and
SIC code criteria.
Loading and unloading and transfer
of petroleum products. Loading losses
occur as organic vapors in "empty" cargo
tanks are displaced to the atmosphere by the
liquid being loaded into the tanks. These
vapors are composed of vapors formed in the
empty tank by evaporation of residual product
from previous loads, vapors transferred to the
tank as product is being unloaded, and vapors
generated in the tank as the new product is
being loaded. The quantity of evaporative
losses from loading operations depends on
parameters such as the physical and chemical
characteristics of the previous and new cargo
and the method of loading and unloading.
The use of vapor recovery equipment can reduce loading emissions. Vapor recovery
equipment captures organic vapors that are displaced during loading operations and either pipes
the recovered product to a storage unit or to a thermal oxidation unit where the vapor is
combusted. Chapter Five, Section Two, of Compilation of Air Pollutant Emission Factors (AP-
42) and Section Three of Estimating Releases and Waste Treatment Efficiencies For the Toxic
Chemical Release Inventory Form (EPA 560/4-88-002, December 1987) provide detail
information on the calculation of total VOC vapor emissions during the transportation and
marketing of petroleum liquids.
Fugitive emissions may occur during the loading, unloading, and transfer of petroleum
products containing EPCRA Section 313 chemicals. Concentrations of EPCRA Section 313
chemicals in these petroleum products will greatly affect the need to determine if fugitive
emissions will have to be calculated for handling activities during use of these products. Table 3-
4 lists a number of EPCRA Section 313 chemicals that may be present in various petroleum
products and the estimated concentration values of the constituents. If the facility does not have
any specific information of the content of EPCRA Section 313 in the petroleum product, Table 3-
4 may be used to estimate concentration values of constituents. During the processing and
otherwise use of petroleum products, EPCRA Section 313 chemicals below de minimis levels do
not have to be considered toward threshold determination or release or other waste management
calculations. Petroleum products may have EPCRA Section 313 chemicals above de minimis
levels and facilities should consider fugitive emissions resulting from the handling and storage of
these products. EPA's Protocol For Equipment Leak Emission Estimates (EPA-453/R-95-017)
presents a comprehensive discussion of how to estimate equipment leaks, such as those from
valves, seals, and connectors in fuel handling equipment. This document is available at
http://www.epa.gov/ttnchiel/fyi.html. Four approaches for estimating equipment leak emissions,
in order of increasing refinement, are presented:
Average emission factor approach;
Screening ranges approach;
EPA correlation approach; and
4-28
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Unit-specific correlation approach.
In general, the more refined approaches require more data and provide more accurate
emission estimates for a process unit. Also, it is important to recognize in calculating estimates
for these sources, you may have already calculated these estimates as a result of separate
requirements under the Clean Air Act, particularly the Title V requirements.
In the average emission factor approach and the screening ranges approach, emission
factors are combined with equipment counts to estimate emissions. EPA has also developed
emission factors for the synthetic organic chemical manufacturing industry (SOCMI), refineries,
oil and gas production units, and petroleum marketing terminals. The SOCMI emission factors are
presented in Table 4-4. These average factors must be multiplied by the number of pieces of
equipment being considered and the length of time each piece of equipment is in service. The
average emission factors vary depending on the service category (e.g., gas, light liquid, or heavy
liquid), and the total organic compound (TOC) concentration of the stream. To estimate
emissions with the EPA correlation approach, measured concentrations (screening values) for all
equipment are individually entered into general correlations developed by the EPA. In the unit-
specific correlation approach, screening and leak rate data are measured for a select set of
individual equipment components and used to develop unit-specific correlations. Screening values
for all components are then entered into these unit-specific correlations to estimate emissions.
The general equation for estimating TOC mass emissions from an equipment leak using
average emission factors is:
where:
= FA*WFTOC*N
ETOC = emission range of TOC from all equipment in the stream of a given equipment
type (Ib/hr)
FA = average emission factor for the equipment type (Ib/hr/source)
WFTOC = average weight fraction of TOC in the stream
N = number of pieces of equipment
And the equation for determining the emissions of a specific VOC in a mixture or other trade
name product from equipment is:
where:
ETOC =
WPX =
W_
Tnr
TOC
= ETOC*(WP;/WPTOC)
The mass emissions of organic chemical "x" (Ib/hr)
The TOC mass emissions from the equipment (Ib/hr)
The concentration of organic chemical "x" in the equipment hi weight percent
The TOC concentration in the equipment in weight percent.
4-29
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Table 4-4
SOCMI AVERAGE EMISSION FACTORS*
Equipment type
Valves
Pump sealsb
Compressor seals '
Pressure relief valves
Connectors
Open-ended lines
Sampling connections
Service
Gas
Light liquid
Heavy liquid
Light liquid
Heavy liquid
Gas
Gas
All
All
All
Emission factors9 (Ibs/hr/source)
0.0132
0.00888
0.00051
0.0439
0.0190
0.503
0.229
0.00403
0.0037
0.0331
*Protocol for Equipment Leak Emission Estimates (EPA, EPA-453/R-95-017)
a These factors are for total organic compound emissions
b The light liquid pump seal factor can be used to estimate the leak rate from agitator seals
Calculation of Equipment Leak Emissions
At a petroleum bulk storage facility, aviation gasoline passes through a system containing 100
connectors from the storage tank area to the loading/unloading area. The aviation gasoline contains 85
weight percent TOC. The aviation gasoline is in contact with the connectors in the system for 8,000
hours during the year. The weight percent of toluene in the waste is 5.6% based on the facility's data,
The emissions of TOC would be calculated as:
= FA * WFTOC * N * (Number of hours in contact during the year)
= (0.00403 Ib/hr/connector) (0.85) (100) (8000 hrs/year)
= 2,740 Ib/year of TOC from connectors
The emissions of toluene from the connectors would be calculated as:
E, =ETOC*(WPXAVPTOC)
= 2,740 Ib/year * (0.056/0.85)
= 181 Ib/year of toluene from connectors
This average emission factor approach is presented as an option for facilities with no data
concerning equipment leaks. As with all estimated derived for compliance with EPCRA Section
313, it is the facility's responsibility to choose the best method for estimating releases from
equipment leaks.
4-30
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Potential Errors - Reporting
The most common reporting error in catalyst usage is basing the
threshold determination on the total amount of the chemical in the
'processing system: Similar to refrigerant chemicals, the
throughput to be used for a threshold determination is only the
amount of new chemical added to the system during-the year.
Therefore, the processing system may contain more thaff'lO.OOO
pounds of catalyst, but an EPCRA Section 313 report is not
required unless more than 10,000 pounds of new catalyst is added
jto the system during the year. The quantities of catalyst added "
during the year can best be" determined from purchase
Blending and mixing of
petroleum products. Facilities
may generate fugitive emissions
during the blending and mixing of
petroleum products with additives
and catalysts prior to further
distribution in commerce. The
blending and mixing operations in
most petroleum bulk storage
facilities consist of enclosed
systems which are vented through
control devices. Therefore, the
fugitive particulate matter
emissions from these systems are anticipated to be minimal. You should review "readily available
data" at your facility to identify where fugitive emissions may occur and to what extent those
emissions can be quantified. For example, you may have permit requirements in regard to
particulate matter emissions and, as part of these permits, may have facility-specific or other
emission factors for particulate matter released. Estimates for fugitive emissions may be derived
by combining these data with data on the measured or default concentrations of constituents in the
petroleum products and additives, along with annual throughput data. In particular, it may be
useful to review your permit applications which may contain more detailed analyses of the
potential for fugitive air emissions related to blending and mixing activities and, in some cases,
may contain actual monitoring data or facility-derived emission factors. Facilities that do not have
such data may use other sources, including engineering judgement to estimate fugitive emissions.
Keep in mind that for estimates below 1,000 pounds, facilities can use the range codes provided in
the TRI Forms and Instructions for reporting information in Sections 5 and 6 of the Form R,
particularly if the estimate is not believed to be very accurate.
Wastewater
Treatment and other
sources. Fugitive air
emissions of volatile EPCRA
Section 313 chemicals from
wastewater treatment units
(e.g., oil/water separators)
could be estimated using one
of several programs. Volatile
chemicals can evaporate from
solid waste (e.g., sludge) and
non-volatile chemicals can be
released to the air via
particulate emissions. One tool
that can be used to estimate
emissions in these situations is
commercially.
CHEMDAT8 *
Analytical models have been developed to estimate emissions of
organic compounds via various pathways from wastewater and waste
management units. Some of these models have been assembled into a
spreadsheet caUed CHEMDAT8 for use on a PC. A user's guide for ,
CHEMDAT8 is also available. Area emission sources for which
models are included in the spreadsheet are as follows; nonaerated
impoundments, which include surface impoundments and open top
wastewater treatment tanks; aerated impoundments, which include
aerated surface impoundments and aerated WWT tanks; disposal
impoundments, which include nonaerated disposal impoundments;
land treatment; and landfills. These models can be used to estimate the
magnitude of site air emissions for regulatory purposes. The
CHEMDAT8 program and manual can be downloaded from the world
wide web at: http://www.epa.gov/ttn/chief/software.html#water8, -
CHEMDAT8 (See box.) Other programs are available
4-31
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Transfer and treatment operations
will result in fugitive air emissions, but
waste previously disposed of in landfills or
surface impoundments will also generate
emissions. These emissions need to be
considered in your release calculations as
well during the year that they were
disposed. These emissions will be
dependent on the types and quantities of
wastes placed in the landfill or surface
impoundments as well as the design and
operating practices of the landfill.
WATERS
A computer program, WATERS, is available for
estimating the fate of organic compounds in various
wastewater treatment units, including collection
systems, aerated basins, and other units. WATERS
is written to run under DOS without the need to
purchase other programs. WATERS contains useful
features such as the ability to link treatment units to
form a treatment system, the ability to recycle
among units, and the ability to generate and save
site-specific compound properties. The WATERS
program and users manual can be downloaded from
the world wide web at:
http://www.epa.gov/ttn/chief/software.htmlfwater8
Other Sources - Equipment.
Storage. Spills. Leaks. Cleaning, etc.
Fugitive air releases of EPCRA Section
313 chemicals can occur from equipment in use, leaks in valves and fittings, losses during cylinder
changeovers, tank cleanings, loading/unloading spills, overfills of storage tanks, and periodic
process-related cleaning operations. For small quantities of EPCRA Section 313 chemicals
otherwise used, engineering judgment can be used to estimate fugitive releases (e.g., based on the
volume of the storage tank and the number of changeovers). If significant quantities of chemicals
are handled, fugitive releases can be estimated using the emission factors discussed previously in
regards to the use of petroleum products.
Secondary containment of the storage tanks and loading racks may collect rainwater
runoff contaminated with petroleum and other constituents from equipment cleaning operations,
leaks, and spills. The composition of this waste is highly variable. Fugitive emissions may occur
from wastewater that is accumulated on site in secondary containment, sumps, or impoundments.
Programs such as WATERS or CHEMDAT8 can aid in determining fugitive emissions from these
units.
Releases From Transportation Vehicles
A facility is responsible for reporting releases and other waste management activities for an EPCRA Section 313
chemical that occur during loading or unloading of a transportation vehicle provided an activity threshold has
been exceeded for that chemical. Releases of an EPCRA Section 313 chemical from a transportation vehicle
that occur while the material is still under "active shipping papers" is considered to be in transportation and is
not subject to EPCRA Section 313 requirements (EPCRA Section 327). For example, a facility shipping
gasoline containing toluene for further distribution in commerce is not responsible for reporting releases once
the shipping papers have been signed. The facility is responsible for reporting releases of EPCRA Section 313
chemicals, including those that occur during storage of the chemicalsin the transportation vehicle while the
vehicle is on property owned or operated by the facility, up until the point that the shipping papers have been
signed. ' .,. .....
4.2.2 Stack or Point Source Air Emissions, Section 5.2 of Form R.
4-32
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Stack emissions of EPCRA Section 313 chemicals occur primarily from storage tanks,
which is discussed below.
Storage Tanks. Petroleum bulk
storage facilities should consider point
source air emissions from tanks that store
materials containing volatile chemicals
such as Fuel oil No.2. AP-42 provides
detailed information on the calculation of
air emissions during the storage and
transfer of liquids. A number of
equations used to calculate air emissions
from storage tanks can be found in AP-
42, Chapter 7. Total emissions from
storage tanks are equal to the sum of the
standing storage loss and working loss.
Variables such as tank design, liquid
temperature, and wind velocity are taken
into account when determining standing
storage loss and working loss. The
emission equations for fixed-roof tanks in
AP-42 were developed for vertical tanks;
however, the equations can also be used
for horizontal tanks by modifying the tank
parameters as specified in AP-42. Many
of these equations have been incorporated
TANKS 3 for more information).
TA&KS
-The^TANKS 3 program Is designed to estimate
emissions of organic chemicals from several types of
storage tanks. The calculations are performed according
to EPA's AP-42, Chapter 7^ x After the user provides
specific information concerning a storage tank and its
liquid contents, the system produces a report which
estimates the chemical emissions for the tank on an
annual or partial year basis. The user can also ' , "
determine individual component losses by using one of
-the specification "options available in_the program.
TAINKS 3 program relies on a chemical database of
over 100 organic liquids and a meteorological database
which includes over 250 cities in the United States;
users may add new chemicals -and cities to these
databases by providing specific information through
system utilities. On-line help provides documentation
and user assistance for each screen' of the program. The
TANKS 3 program and manual can be,"downloaded
from the world wide web at
http://www.epa.gov/ttn/chief/tahks.html.
into computer models such as TANKS 3 (See box on
Once the total volatile organic
compound (VOC) loss is calculated, you
can then determine the emission rate of
each constituent in the vapor. Li general,
the emission rate for individual components
can be estimated by multiplying the weight
fraction of the constituent in the vapor by
the amount of total VOC loss. The weight
fraction of the constituent in the vapor can
be calculated using the mole fraction and
the vapor pressure of the constituent
(equations found in AP-42). The weight
percent can also be obtained from the
SPECIATE database. The SPECIATE
data base contains organic compound and
particulate matter speciation profiles for
more than 300 source types. The profiles
attempt to break down the total VOC or
Use of AP-42 Emission Factors
"Thc-general equation for emission estimation is:
E=AxEFx(l-ER/100)
where: *
.' ' ,~'*E = emissions, " "
" A = activity rate,'
~ , " EF = emission factor, and '- '
,"~ >SBR= overall emission reduction
efficiency, %."
ER is further defined as the product of the control
device destruction or removal efficiency and the capture
efficiency of the'control system. When estimating . "
emissions for a longtime period (e. g., one year), both
the deviceiand the capture efficiency terms should
account for upset periods as well as routine operations.
Note that some emission factors already incorporate a
removal efficiency term.
4-33
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participate emissions from a particular source into the individual compounds. The SPECIATE
database can be downloaded from the world wide web at
http://www.epa.gov/ttn/cWef/software.htrriMspeciate.
Air Emissions
For estimating air emissions of specific chemicals from floating roof tanks that contain mixtures, how does one
calculate the average vapor molecular weight and true vapor pressure to use in AP-42 equations? Does one
calculate emissions for the mixture then adjust by weight percentage later or vice versa?
Calculate emissions of the mixture then adjust for concentration. Convert chemical fractions from weight to
mole, calculate the mixture's true vapor pressure, calculate the chemical's gas mole fraction, calculate the
average vapor molecular weight, and use storage tank equations to calculate mixture emissions. TTheh"calculate
the gaseous weight fraction and multiply by total mixture emissions to get each chemical's emissions. Facilities
may choose to refer to FJ>A' s technical guidance entitled "Estimating Releases ana* Waste Treatment
Efficiencies" (EPA 560/4-88-002)
4.2.3 Discharges to Receiving Streams or Water Bodies, Section 5.3 of Form R; and
Discharges to Publicly Owned Treatment Works (POTWs), Section 6.1 of Form R
Wastewaters discharged include process wastewater, secondary containment wastewater,
and storm water. Each is discussed below.
Process Wastewater. Facilities may discharge wastewater resulting from various on-site
operations. The main source of process wastewater is usually storage tank clean-out water.
During cleaning operations, the tanks are drained down to remove and recover product. Residue
from this operation consists of a liquid and a solid phase. The liquid is primarily wastewater with
small amounts of hydrocarbons including benzene, cyclohexane, ethylbenzene, toluene, 1,2,4-
Trimethylbenzene, and xylene. The wastewater from the tank is either drained and discharged or
is directed to a tank for subsequent fuel recovery. In addition, Section 313 chemicals in
wastewater discharges related to spills also should be reported.
A facility that discharges or has the potential to discharge water containing regulated
wastes must operate under the terms of Federal, State, and/or local permits, such as a NPDES
direct discharge permit, or a POTW indirect discharge agreement. The permit(s) or agreement
usually require measurements of the water volume and monitoring of some generalized
wastewater parameters including concentrations of various constituents. In some cases, the
constituent analyses required for permit compliance includes EPCRA Section 313 chemicals. In
other cases, facilities may have conducted more detailed analysis of specific constituents in its
wastewaters as part of its NPDES or POTW discharge applications. In these instances, releases
can be calculated by multiplying the volume of wastewater released by the concentration of the
chemical released. See box for an example calculation.
Based on the concentration and wastewater flow data available, an estimate of discharges
to water can be calculated. Facilities should calculate the daily average discharges of a reportable
EPCRA Section 313 chemical in pounds and must use those estimates to determine the annual
discharge in pounds per year. Using the daily concentration data available for the reportable
4-34
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chemical combined with the wastewater flow data for each of the sampling dates, calculate an
estimate of pounds per day for each sampling date. After the calculations are made for each
monitoring point (e.g., daily, monthly), the pounds discharged are averaged to determine an
average daily discharge amount which would be multiplied by the number of days discharges were
possible (e.g., 365 days a year). If no chemical-specific monitoring data exist, process knowledge
(or in some cases, mass balance) may be used to develop an estimate.
Discharges of listed acids may
be reported as zero if all discharges
have been neutralized to pH 6 or
above. If wastewater containing a
listed acid is discharged below pH 6,
then releases of the acid must be
calculated and reported except for
hydrochloric and sulfuric acid, which
are only reportable in the aerosol
form. For more information on
calculating such discharges of acids,
see EPA's Estimating Releases of
Mineral Acid Discharges Using pH
Measurements (EPA 745/F-97-003,
June 1991).
No releases to water of
chlorine are typically expected.
Chlorine reacts very quickly with
water to form HOC1, Cl% and H+.
Although this is an equilibrium
reaction; at a pH above 4, the
equilibrium shifts almost completely
toward formation of these products.
Therefore, essentially zero releases of
chlorine to water are expected to occur under normal circumstances.
Example Calculation of Yearly Wastewater
Discharge
A 'facility »has monitoring data on discharges to water of xylene,
a EPCRA; Section 313 chemical,' and a Form R report is required.
In this example, monitoring data on this chemical are only
available for two days in the year." Hie daily quantities of pounds
of xylene released for those two'dates would then'be divided by
the, number of sample-dates to determine the daily average for the
whole reporting year, which would be used to estimate the annual
discharge of xylene in wastewater:
Date
3/1
9/8
Concentration
(mg/1)
1.0
0.2
Flow
(MGD)
1.0
0.2
Daily
Discharge
- 8.33 Ibs.
~ 0.332 Ibs.
Annual Calculation: k *
(8.33 Ibs. + 0.332 lbs.)/2 days x 365 days/year = 1580.82 Ibs/yr
Reminder: Reporting of Aqueous Ammonia
Facilities may use ammonia or ammomated cleaners. When reporting releases and other waste
management activities of ammonia, remember to report .only 10 percent of the total amount of ammonia if
released or managed in aqueous form. , ^ f
Secondary Containment Wastewater. Precipitation often accumulates in the secondary
containment of the storage tanks and loading/unloading area and must be drained as often as
necessary depending on the weather. This wastewater also may be drained to water ditches or
oil/water separators. Reportable EPCRA Section 313 chemicals present in secondary
containment wastewater should be monitored and reported.
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Storm Water Runoff. Storm water runoff at petroleum bulk storage facilities may
contain EPCRA Section 313 chemicals washed from materials such as petroleum products or
other raw materials, waste, and land features. You must report the amount of non-exempt
EPCRA Section 313 chemicals in storm water runoff (including unchanneled runoff) if you
monitor for releases of reportable EPCRA Section 313 chemicals. If you do not have periodic
measurements of storm water releases, but have chemical-specific monitoring data on the
reportable EPCRA Section 313 chemicals, you must use these data to calculate the quantity
discharged and the percent contribution from storm water to the overall water discharge estimate.
See the current TRI Forms and Instructions document for guidance on calculating storm water
runoff.
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Example - Storm Water Runoff
" ' ' "A \" - I" " * ** *'
A facility is located in a semi-arid region of the United States wliich has annual precipitation
(including snowfall), of 12 jtacfaes. of rain. (Snowfall should be converted to the equivalent inches'of rain j' ~
assume one foot of snow is equivalent to olie inch of rain.) The total area covered by the facility is"42 acres
(about 170,000 square meters or 1,82$>520 square feet) of which 50-percent is unimproved area, 10 percent is ,
asphaltic streets, and 40 percent is concrete pavement. ' ,'',"' , ~ >
*> -c " /, < < " < - ">'.» -X^ - * ;
; . i -s.^ ",.'., ',' ~*, ," \~-~K *> ^< '* A.^c-ys
The total Storm water runoff from^the facility is therefore calculated^as/pllows: - ' '
Land Use
Unimproved area
Asphaltic streets
Concrete pavenient
> Total Area
50
J*10c
-' "40"*,
- Runoff Coefficient
0.20 '
' - - ,-' -' 0;85 '
- 0.90^
Weighted runoff coefficient = (50^)^ (0,20)> (10%) x (0.85) * (4^6%) x C0.90) = 0.545 ; _ *
. (Rainfall) x (land area) x (conversion factor) x (ruitioff coefficient) = Storm water runoff -
" '(1 foot) x (1,829,520 ft2) x (7.48 "gal/ft3) xX0.545) = 7,458,220 gallons/year' - - >' '' ' '"""
'-' " - 4 ,..'-- , : " - *. - " .\..- - ,
Total storm" water runoff = 7,46 million gallons/year '- ,^, ' < , - - -.
The storm water monitoring data shows that the average concentration of toluene in the storm water
runoff from a facility is 1.0 milligrams per liter. The total amount of toluene discharged to surface water
through the plant wastewater discharge tnon-storm water) is 250 pounds per year. The total amount of toluene -
discharged with storm water is:' " " " " , " ' '* (
(7,458,220 gallons Storm water) x (3.7,85 Uters/gallon) = 28,229,360 liters Storm, water''
(28,229,360 liters Storm water) x (1-mg. toluene/liter) x (1 x 10"6) = 28.2 kg toluene= 62 pounds
toluene.
The total amount of toluene discharged from all sources at this facility" is:
t ~ " -& -5^,
- 250 pounds toluene from wastewater discharged
+62 pounds toluene from storm water runoff
"" 312 pounds toluene total "water discharged
,312 pounds of toluene is reported in Section 5.3.A on Form R
/ / "*
The percentage of toluene discharge through storm water reported in Section 5.3.C on Form is":
r/,_.. ~ ^
' ' ' 62-f312xlOO =
4.2.4 Disposal to Land On-site, Section 5.5 of Form R
Facilities may dispose of tank residue wastes on site. Accidental releases can also lead to
EPCRA Section 313 chemicals being disposed to land on site. Each of these is discussed below.
Tank Residue Wastes. Petroleum bulk storage facilities may dispose of tank residue
waste containing EPCRA Section 313 chemicals in on-site landfills, surface impoundments, or
4-37
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other waste management units. Facility specific information, such as waste analyses and process
knowledge, can be used to estimate amounts of EPCRA Section 313 chemicals in tank residue
wastes.
Other Wastes. Petroleum
bulk storage facilities may also
dispose of other wastes such as spill
residues, solids from petroleum
product filtration, and settled
materials from storage tanks. To
calculate quantities of EPCRA
Section 313 chemicals that may be
present in these wastes, facilities can
use waste analyses, process
knowledge, operating records,
pollution prevention data, mass
balance or other "readily available
data" sources.
Note that you must report
the ultimate known disposition of an
EPCRA Section 313 chemical in the
reporting year. In other words, you may
result from land disposal. If a waste has
that waste volatilizes into the air, or a
portion of that waste discharges to a
surface water, the ultimate
disposition of the reportable EPCRA
Section 313 chemical during the
reporting year must be reported for
the year in which the waste was
disposed. Therefore, only the
quantity that remains in surface
impoundment or other land disposal
unit must be reported as a release to
land.
Accidental Releases to
Land. Leaks, spills, and drips from
the loading and transfer of petroleum
products and other materials received
at the facility should be considered
and reported in your release
estimates. Data concerning specific
incidents (such as notification reports
or incident logs) should be used to
Example -Wastes Stored on Concrete Pads
Are EPCRA Section 313 chemicals in waste stored on a
concrete pad outside considered a release?
Waste stored on a concrete pad must be counted as a
release to land if the facility intends to leave the material on
the pad for an indefinite period. If the facility routinely
uses the pad for "temporary" storage of waste until enough
waste is accumulated and then sends the waste off-site for
treatment or disposaLpurposes, or otherwise manages the
waste on-site, then the "temporary" storage need not be
reported as a release to land within the reporting year when
it is "temporarily stored" and only those amounts of the
EPCRA Section 313 chemical released from the pad, such
as runoff, would be reported as released, provided
thresholds have been exceeded elsewhere at the facility.
need to consider any cross-media transfers that may
been disposed in a land disposal unit, but a portion of
Example - Seepage From a Landfill
If a facility in one of the new industries, which begins
reporting for activities conducted in 1998, has information
on the amount of seepage from a landfill in 1998, do they
report this amount as a release to land, since they were not
required to report the initial disposal to land in the
previous year?
No, facilities are required to report only the amounts which
are disposed during the year in which they are disposed,
provided certain thresholds have been meet and the facility
does not conduct any further activities involving amounts
previously disposed. Amounts which move within the same
media, such as seepage from a landfill to surrounding soils do
not have to be included in release estimates in subsequent
years. EPA requires reporting of the amount of EPCRA
Section 313 chemical placed in an on-site landfill during the
year. It is not necessary to estimate migration from the
landfill in subsequent years, provided the facility does not
conduct activities that further involve the EPCRA Section 313
chemical disposed.
4-38
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estimate releases. In calculating quantities related to accidental releases, you are required to
report the ultimate disposition in the reporting year that the EPCRA Section 313 chemical(s) are
released. For instance, releases to land (e.g., Other Disposal, Section 5.5.4 of Form R), would
only include the quantity of spilled material that was not cleaned up as a response to the accident.
Equations found in Section 6 of EPA's Estimating Releases and Waste Treatment
Efficiencies for the Toxic Chemical Release Inventory Form, provide guidance on calculating
releases from chemical spills or leaks, including liquid discharges, fraction of discharge flashed,
vaporization, two-phase discharges, and gas discharges.
4.2.5 Transfers Off-site, Section 6.2 of Form R.
Petroleum bulk storage facilities may send wastes off-site for waste management. Most
commonly, wastes will be sent off-site for disposal and recycling. Facilities must report the
quantities of EPCRA Section 313 chemicals in these wastes in Sections 6.2 and 8 of Form R.
These amounts are reportable whether they are sent to a facility within the same company, or
from a different company. For example, if a petroleum bulk storage facility sends sludge to a
landfill owned by the same company that is on non-contiguous, non-adjacent property (i.e., a
separate facility), then the petroleum bulk storage facility must report those amounts as
transferred off-site if the ultimate disposition in the reporting year is for disposal.
The same methods discussed previously
for estimating quantities disposed on-site can be
used to estimate amounts sent off-site for
disposal. Wastes sent off-site that are regulated
under RCRA Subtitle C will also have waste
analyses and waste profiles.
4.2.6 On-site Waste Management Methods,
Section 7A.7B, and 7C of Form R
On-site waste management at petroleum
bulk storage facilities includes treatment and
recycling. Energy recovery of wastes is usually
not performed at petroleum bulk storage facilities.
Waste Management Codes for
Metals
Metals and metal compounds in wastewater
sent off-site for treatment should be reported
using code M62 - "Wastewater Treatment
(Excluding POTW) -Metals and Metal
Compounds Only". Similarly, metals in solids
sent off-site for solidification or stabilization
should be reported using code M41 -
"Solidification/Stabilization - Metals and
Metal Compounds Only". These'codes are
considered dispjosatcodes for EPCRA Section
313 reporting purposes. *
On-site Treatment Methods. Section 7A of Form R. Petroleum bulk storage facilities
may treat wastes on-site using various methods. When completing a Form R for a chemical, you
must report all treatment methods performed on the waste containing that chemical, regardless of
its efficiency. For each treatment method, report the applicable code given in the TRI Forms and
Instructions document. The following are some examples of treatment methods that petroleum
bulk storage facilities may use:
« Sludge and other solid wastes may pass through several steps, including filtration
(P12), sludge dewatering (P13), settling/clarification (Pll), and thermal
drying/dewatering (F83).
4-39
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Wastewater (such as oil and water, tank clean-out wastewater, etc.) may go
through several treatment steps, including neutralization (Cl 1),
settling/clarification (PI 1), filtration (PI2), chemical precipitation - lime or sodium
hydroxide (C01), sludge dewatering - non-thermal (P13), or other physical
treatment (e.g., evaporation) (P99).
For metal compounds, the calculation of the reportable concentration and waste treatment
efficiency must be based on the weight of the parent metal, not on the weight of the metal
compounds. Metals are not destroyed, only physically removed or chemically converted from one
form into another. The waste treatment efficiency reported must represent only physical removal
of the parent metal from the waste stream (except for incineration), not the percent chemical
conversion of the metal compound. If a listed waste treatment method converts but does not
remove a metal (e.g., chromium reduction), the method must be reported with a waste treatment
efficiency of zero.
All data available at your facility must be used to calculate waste treatment efficiency and
the influent concentration of the EPCRA Section 313 chemical. If data are lacking, estimates can
be made using best engineering judgement or other methods.
On-site Recycling Processes. Section 7C. Section 313 chemicals in petroleum products
that has spilled or leaked into the containment area or at the loading/unloading area may be
reported in Section 7C if recovered and reinserted into the product tank. Reportable Section 313
chemicals present in wastewater and tank sludge residue that is sent through a fuel recovery
system also is reported in Section 1C.
4.2.7 Source Reduction and Recycling Activities, Section 8
Earlier in this chapter, the general method for developing Section 8 quantities was
discussed (See Chapter 4.1.3). An overview of Section 8 quantities are presented below:
4-40
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Table 4-5
Examples of Section 8 Reporting
Section
-j
Section 8.1, Quantity released
Section 8.2, Quantity used for
energy recovery on-site
Section 8.3, Quantity used for
energy recovery off-site
Section 8.4, Quantity
recycled on-site
Section 8.5, Quantity
recycled off-site
Section 8.6, Quantity treated
on-site
Section 8.7, Quantity treated
off-site
f - / ,- *£ ,. "
Petroleum Products ; : ___ , ^ ,^
Fugitive and stack air emissions, releases to water and
POTW, and off-site waste transfers for disposal
Not generally performed at petroleum bulk storage facilities
Off-site waste transfers with energy recovery codes
On-site wastes recovered and recycled in fuel recovery
system
Off-site waste transfers with recycling codes
On-site wastes recovered and treated
Off-site waste transfers with treatment codes
4.2.8 Source Reduction Activities, Section 8.10
Facilities have the opportunity to report source reduction actions initiated during the
reporting year on the Form R using codes listed in the Form R and Instructions. Some examples
of source reduction activities and suggested codes are given below.
Reducing the frequency of tank cleanings and, therefore, the amount of tank cleaning
wastes by tracking process chemistry and monitoring tank cleanliness to determine
more precisely the need for cleaning. (W13: Improved maintenance scheduling,
recordkeeping, or procedures)
Reducing the frequency of tank cleanings and the amount of tank cleaning wastes by
applying a protective coating to the surfaces internal heater coils to prevent
accumulation of scale on coil surfaces. (W52: Modified equipment, layout or piping)
Reducing the need for corrosion inhibitors on buried piping by using cathodic
protection. (W52: Modified equipment, layout or piping)
4-41
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APPENDIX A
REPORTING GUIDANCE DOCUMENTS
General Guidance
Air/Superfund National Technology Guidance Study Series, no date.
Internet Availability: None
Hardcopy Availability: NTIS
Order Number: PB96-162-490
Chemicals in Your Community: A Guide to the Emergency Planning and Community Right-To-
KnowAct, 1993.
Internet Availability: http://www.epa.gov/swercepp/gen-pubs.html
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-550-K-93-003
Common Synonyms for Chemicals Listed Under Section 313 of the Emergency Planning and
Community Right-To-Know Act, March 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-008
Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-to-
Know Act and Section 112(r) of the Clean Air Act, as amended (Title III List of Lists), November
1998.
Internet Availability: http://www.epa.gov/swercepp/gen-pubs.html
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-550-B-98-017
The Emergency Planning and Community Right-to-Know Act: Section 313 Release Reporting
Requirements, December 1997 (brochure).
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-K-97-002
EPCRA Section 313 Questions & Answers, Revised 1998 Version, December 1998.
Internet Availability: http://www.epa.gov/opptintr/tri
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-B-99-004
A-l
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Executive Order 12856 - Federal Compliance with Right-to-Know Laws and Pollution
Prevention Requirements: Questions and Answers.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-011
Interpretations of Waste Management Activities: Recycling, Combustion for Energy Recovery,
Treatment for Destruction, Waste Stabilization and Release, April 1997.
Internet Availability: None
Hardcopy Availability: EPCRA Hotline
Order Number: No order number
Standard Industrial Classification Manual, 1987.
Internet Availability: None (see http://www.epa.gov/tdbnrnttl/help/ljhelp7.htm for codes)
Hardcopy Availability: NTIS
Order Number: PB-87-100-012
Supplier Notification Requirements
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-560-4-91-006
Toxic Chemical Release Inventory Reporting Forms and Instructions (TRI Forms and Reporting
Requirements), March 23,1998
Internet Availability: http://www.epa.gov/opptintr/tri
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-K-98-001
Toxic Chemical Release Reporting; Community Right-to-Know; Final Rule, February 16, 1988
(53 FR 4500).
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: None
Trade Secrets Rule and Form, July 29, 1988 (53 FR 28772).
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: None
Waste Analysis at Facilities That Generate, Treat, Store, and Dispose of Hazardous Wastes; A
Guidance Manual, April 26,1994.
Internet Availability: http://es.epa.gov/oeca/ore/red/wap330.pdf
Hardcopy Availability: NTIS
Order Number: PB94-963-603
A-2
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Chemical-Specific Guidance
Emergency Planning and Community Right-to-Know Section 313: Guidance for Reporting
Aqueous Ammonia, July 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-012
Emergency Planning and Community Right-to-Know Section 313: List of Toxic Chemicals
Within the Chlorophenols Category, November 1994.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-B-95-004
Emergency Planning and Community Right-to-Know Section 313: List of Toxic Chemicals,
September 1996.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-B-96-002
Guidance for Reporting Sulfuric Acid Aerosols (acid aerosols, including mists, vapors, gas, fog,
and other airborne forms of any particle size), March 1998 Revision
Internet Availability: http://www.epa.gov/opptintr/tri
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-97-007
List of Toxic Chemicals within the Water Dissociable Nitrate Compounds Category and
Guidance for Reporting, May 1996.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-96-004
Toxics Release Inventory: List of Toxic Chemicals Within the Glycol Ethers Category and
Guidance for Reporting, May 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-006
Toxics Release Inventory: List of Toxic Chemicals Within the Nicotine and Salts Category and
Guidance for Reporting, February 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-004
Toxics Release Inventory: List of Toxic Chemicals Within the Polychlorinatd Alkanes Category
and Guidance for Reporting, February 1995.
A-3
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Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-001
Toxics Release Inventory: List of Toxic Chemicals Within the Pofycyclic Aromatics Compounds
Category, February 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-003
Toxics Release Inventory: List of Toxic Chemicals Within the Strychnine and Salts Category and
Guidance for Reporting, February 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-005
Release Estimation Guidance
General
Data Quality Checks to Prevent Common Reporting Errors on Form R/Form A, August 1998.
Internet Availability: http://www.epa.gov/opptintr/tri
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-98-012
Estimating Releases and Waste Treatment Efficiencies for the Toxic Chemical Release Inventory
Form, December 1987.
Internet Availability: http://www.epa.gov/opptintr/tri
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-560-4-88-002
Releases During Cleaning of Equipment, June 30, 1986. ,
Internet Availability: None
Hardcopy Availability: Prepared by PEI Associates, Inc. for the U.S. Environmental Protection
Agency, Office of Prevention, Pesticides & Toxic Substances, Washington, DC, Contract Bo.
Order Number: 68-02-4248
A-4
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Air
Chemdat 8/Water 8: Air Emission Models for Waste and Wastewater (for Microcomputers),
1994
Internet Availability: http://www.epa.gov/ttn/chief/software.htmlttwater8
Hardcopy Availability: NTIS
Order Number: PB95-503595
Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources,
5th Edition (AP-42).
Internet Availability: http://www.epa.gov/ttn/chief/ap42.html
Hardcopy Availability: NCEPI
Order Number: EPA-450-AP-425ED
Protocol for Equipment Leak Emission Estimates, 1987.
Internet Availability: http://www.epa.gov/ttnchiel/fyi.html
Hardcopy Availability: NCEPI
Order Number: EPA-423-R-95-017
Tanks 3: Tanks: Storage Tank Emission Estimation Software, Version 3.0 (for Microcomputers),
March 1996
Internet Availability: http://www.epa.gov/ttn/chief/tanks.html
Hardcopy Availability: NTIS
Order Number: PB97-500-755
Water
Chemdat 8/Water 8: Air Emission Models for Waste and Wastewater (for Microcomputers),
1994
Internet Availability: http://www.epa.gov/ttn/chief/software.htmlttwater8
Hardcopy Availability: NTIS
Order Number: PB95-503595
Information and Document Distribution Centers
Enviro$en$e Information Network
BBS modem: (703) 908-2092
User Support: (703) 908-2007
Internet Home Page: http://es.epa/gov/index.html
National Center for Environmental Publications and Information (NCEPI)
P.O. Box 42419
Cincinnati, OH 45242
(800)490-9198
(513) 489-8695 (fax)
Internet Home Page: http://www.epa.gov/ncepihom/index.html
A-5
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National Technical Information Service (NTIS)
5285 Port Royal Road
Springfield, VA 22151
(800) 553-6847
(703) 605-6900 (fax)
Internet Home Page: http://www.ntis.gov
OPPT Pollution Prevention (P2)
Internet Home Page: http://www.epa.gov/opptintr/p2home/index.html
Pollution Prevention Information Clearinghouse (PPIC)
Mail Code 3404
401 M Street, SW
Washington, DC
(202) 260-1023
(202) 260-0178 (fax)
RCRA, Superfund & EPCRA Hotline
(800) 424-9346 (outside the Washington, DC Area)
(703) 412-9810 (inside the Washington, DC Area)
TDD: (800) 553-7672 (outside the Washington, DC Area)
(703) 412-3323 (inside the Washington, DC Area)
RTK-Net
1742 Connecticut Avenue, NW
Washington, DC 20009-1146
(202) 797-7200
Internet Home Page: http://www.rtknet.org
Technology Transfer Network (TTN)
(919) 541-5384 (Help Desk)
Internet Home Page: http://www.epa.gov/ttn
EPA Toxic Release Inventory General Information and Guidance
Internet Home Page: http://www.epa.gov/opptintr/tri
U.S. Government Printing Office (GPO)
(202)512-1800
(202) 512-2250 (fax)
Internet Availability: http://www.gpo.gov
*For the latest list of industry-specific and other technical guidance documents, please refer to the
latest version of the Toxic Chemical Release Inventory Reporting Forms and Instructions,
Appendix H.
A-6
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