&EPA United States Environmental Protection Agency Office of Pollution Prevention and Toxics Washington, DC 20460 December 1998 EPA 745-B-98-004 EPCRA Section 313 Questions and Answers Revised 1998 Version Section 313 of the Emergency Planning and Community Right-to-Know Act Toxic Chemical Release Inventory ------- This page intentionally left blank. ------- 1998 EPCRA Section 313 Questions and Answers INTRODUCTION INTRODUCTION The Environmental Protection Agency (EPA) has prepared this 1998 EPCRA Section 313 Questions and Answers Document to help clarify the reporting requirements under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA, or Title in of the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499). The EPCRA Section 313 program is also referred to as the Toxics Release Inventory or TRI. This document supersedes all previous versions of the EPCRA Section 313 Question and Answer Document. Use this document as guidance beginning with the 1999 reporting year for reports due July 1, 2000. This manual is intended solely for guidance and does not alter any statutory or regulatory requirements. The document should be used in conjunction with the statute and regulations but does not supersede them. The guidance provided in this document addresses the very specific circumstances stated in each question. Accordingly, the reader should consult other applicable documents (e.g.. the statute, the Code of Federal Regulations (CFR), relevant preamble language, and the current Toxic Chemical Release Inventory Reporting Forms and Instructions). Under Section 313, facilities are required to report releases and other waste management of specifically listed chemicals. They also are required to report transfers of toxic chemicals for waste management to off-site locations. Facilities that meet all three of the following criteria are subject to EPCRA Section 313 release and other waste management reporting: • the facility has 10 or more full-time employees; • the facility has a primary Standard Industrial Classification (SIC) code in any of the groups listed in the table on the following page; and • the facility manufactured (defined to include imported}., processed, or otherwise used, in the course of a calendar year, any toxic chemical in quantities greater than the set threshold. Reports under Section 313 (EPA Form R or Form A) must be submitted annually to EPA and to designated State (or Tribal) agencies. Reports are due by July 1 of each year and cover activities at the facility during the previous calendar year. The Agency developed this document to facilitate facility reporting and to provide additional explanation of the reporting requirements. This document supplements the instructions for completing the Form R and the Alternate Threshold Certification Statement (Form A). Terms printed in italics in the text of this document are defined in the glossary in Appendix B to this document. ------- INTRODUCTION 1998 EPCRA Section 313 Questions and Answers Copies of EPA's Form R, instructions for completing the Form, and related guidance documents are available from the National Center for Environmental Publications and Information (NCEPI), P.O. Box 42419, Cincinnati, Ohio 45242-2419. Additional information may be obtained by accessing EPA's TRI Homepage on the Internet at http://www.epa.gov/opptintr/tri or calling the EPCRA Hotline at (800) 424-9346. In the Washington, D.C. area call (703) 412-9810. The questions and answers in this document are organized in sections as listed in the table of contents on the following pages. There is also an expanded keyword index at the end of this document. The terms in the index are also found in the sidebar of the document near relevant questions. ------- 1998 EPCRA Section 313 Questions and Answers INTRODUCTION STANDARD INDUSTRIAL CLASSIFICATION (SIC) GROUPS SUBJECT TO EPCRA SECTION 313 SIC 10* (except 1011, 1081, and 1094) 12* (except 1241) 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4911,4931,4939* (limited to facilities that combust coal and/or oil for the purpose of generating electricity for distribution in commerce) 4953* (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C, 42 U.S.C. section 6921 et seq.) 5169* 5171* 7389* (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis) *Coverage Started January 1, 1998. Industry Group Metal Mining Coal Mining Manufacturing Tobacco Textiles Apparel Lumber and Wood Furniture Paper Printing and Publishing Chemicals Petroleum and Coal Rubber and Plastics Leather Stone, Clay, and Glass Primary Metals Fabricated Metals Machinery (excluding electrical) Electrical and Electronic Equipment Transportation Equipment Instruments Miscellaneous Manufacturing Electric Utilities (electric services), Electric Utilities (electric and other service combined), electric utilities (combination utilities, not elsewhere classified) Commercial Hazardous Waste Treatment Chemical and Allied Products Wholesale Petroleum Bulk Terminals and Plants Solvent Recovery Services ------- TABLE OF CONTENTS 1998 EPCRA Section 313 Questions and Answers TABLE OF CONTENTS Page Section 1. DETERMINING WHETHER OR NOT TO REPORT: FACILITY 1 A. Types of Facilities That Must Report 1 B. Employee Threshold 6 C. Persons Responsible for Reporting 13 D. Multi-Establishment Facilities 19 E. Threshold Determinations 26 F. Manufacturing, Processing, or Otherwise Use 36 G. Importing 65 H. Auxiliary Facilities 69 I. Indian Lands 72 Section 2. EXEMPTIONS 75 A. General, Personal Use, and Intake Water or Air 75 B. Facility Maintenance and Structural Components 81 C. Vehicle Maintenance 89 D. Laboratory Activities 91 E. De Minimis 98 F. Articles 109 G. Coal Mining/Extraction Exemption 122 Section 3. DETERMINING WHETHER OR NOT TO REPORT: LISTED TOXIC CHEMICALS 125 A. General Questions 125 B. Toxic Chemical-Specific Questions 128 Acids 128 Compound and Compound Categories 134 Fume or Dust 138 Miscellaneous 140 C. Mixtures 153 Section 4. COMPLETING THE FORM R: RELEASES AND WASTE MANAGEMENT CALCULATIONS 155 A. Releases of the Toxic Chemical 155 B. Transfers to Off-site Locations for Further Waste Management 181 C. Waste Treatment Methods and Efficiency 187 D. Waste Management 191 Section 5. FORM A AND FORM R SUBMISSIONS 197 A. Form A (Alternate Threshold Reporting) 197 B. Form R Submissions 199 C. Form R Withdrawals 211 Section 6. SUPPLIER NOTIFICATION 217 Section 7. TRADE SECRETS 233 ------- 1998 EPCRA Section 313 Questions and Answers TABLE OF CONTENTS Page APPENDIX A. SECTION 313 POLICY DIRECTIVES 235 DIRECTIVE #1 - ARTICLE EXEMPTION 236 DIRECTIVE #2 - DE MINIMIS EXEMPTION 238 DIRECTIVE #3 - MOTOR VEHICLE EXEMPTION 243 DIRECTIVE #4 - COMPOUNDS AND MIXTURES 244 DIRECTIVE #5 - TOXIC CHEMICAL CATEGORIES 246 DIRECTIVE #6 - PCBs THRESHOLD DETERMINATION AND RELEASE AND OTHER WASTE MANAGEMENT REPORTING 248 DIRECTIVE #7 - DEFINITION OF OTHERWISE USE 250 DIRECTIVE #8 - AMMONIA AND AMMONIUM SALTS 255 DIRECTIVE #9 - SUPPLIER NOTIFICATION REQUIREMENTS 259 APPENDIX B. GLOSSARY 267 APPENDIX C. INCORRECT GUIDANCE ON EPCRA SECTION 313 273 APPENDIX D. RECENT EPA GUIDANCE 281 INDEX 285 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Reporting Criteria Reporting Criteria, Form R, Form A, Alternate Threshold Reporting Criteria, Facility Closure SIC Code, Definition of Facility, Vessels Section 1. DETERMINING WHETHER OR NOT TO REPORT: FACILITY A. Types of Facilities That Must Report 1. What facilities are subject to EPCRA Section 313 reporting? Facilities must report release and other waste management information pursuant to EPCRA Section 313 if they: (1) have 10 or more full-time employees or the equivalent; (2) are in a covered SIC code; and (3) exceed any one threshold for manufacturing (including importing), processing, or otherwise using a toxic chemical listed in 40 CFR Section 372.65. 2. Is a facility which meets the employee and toxic chemical activity thresholds and is in a covered SIC code, as described in question one, required to report if it had no releases of the toxic chemical during the reporting year? Yes, even if it releases no toxic chemicals into the environment and does not conduct any other waste management activities involving the listed toxic chemical, the facility must submit either the Form R or Form A (Alternate Threshold Certification Statement). If the facility meets the employee and chemical activity thresholds and is in a covered SIC code, but its annual reportable amount of the toxic chemical does not exceed 500 pounds and the facility has not manufactured, processed, or otherwise used more than one million pounds of the toxic chemical, the facility may submit the Form A (a two-page certification statement) instead of the Form R. However, if the facility exceeds either the 500 or one million pound limits, it must report on the Form R. (See Section 5 A of this document on Alternate Threshold Reporting.) 3. Must the Form R report be submitted by July 1 for facilities that were in operation during part of the reporting year, but which were closed by December 31? Yes. A facility that operated during any part of a reporting year must report if it meets the SIC code, employee, and chemical activity thresholds for that reporting year. 4. In Alaska several fish processors have factories on ships. They use ammonia and chlorine in their fish processing operations. Is each ship a covered facility under Section 313 or is the whole group of ships (all of which belong to one company) a covered facility'! A facility is defined as all buildings, equipment, structures, and other stationary items which are located on a single site or adjacent or contiguous sites owned or operated by the same person (40 CFR Section 372.3). A ship ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers is not a, facility as defined under the Section 313 regulations. It is not stationary and it is not located on a single site (if it moves to other locations). Therefore, the ships should not report even if they are in a covered SIC code. Definition of Facility, Facility Construction Definition of Facility, Pipeline Definition of Facility, Pipeline 5. A recently constructed facility which has not begun production but is in a covered SIC code has used several listed toxic chemicals in preparing a reactor bed and distillation columns for manufacturing. Is the facility required to report these chemicals if they exceed the threshold levels? Yes. Once a covered facility has been constructed, any toxic chemicals used to prepare production equipment for manufacturing activities must be included towards the threshold determinations that reporting year. This includes start-up activities. 6. A covered petroleum company sends its hazardous waste containing a Section 313 toxic chemical to a land treatment unit by underground pipeline. The petroleum company and the land treatment unit are owned and operated by the same individual. The land treatment unit is not adjacent nor contiguous to the petroleum company, but the petroleum company maintains a "right-of-way" of the pipe-line. Are these two facilities under EPCRA Section 313? Since the land treatment unit is not adjacent nor contiguous to the petroleum company and they are connected only by a pipeline, the two are considered two separate facilities with the same owner/operator, even though the petrol eum facility controls "right of way" of the pipeline. However, releases and other waste management activities associated with loading or unloading activities or leaks from a pipeline within either facility would be covered. 7. Two covered bulk petroleum stations owned by the same parent company, but a considerable distance apart from each other, are connected to each other by a pipeline. The parent company has an easement to access the pipeline but the land on which the pipeline rests is not owned by the parent company. The easement only allows the parent company to conduct repairs on a sporadic basis. The parent company has no other rights to the land and does not exert any other control over the land. For the purposes of reporting on the Form R, are the two stations considered two separate facilities'! 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. The parent company has an easement on which the pipeline is located, but does not control, operate, or own the land on which the pipeline rests to an appropriate degree. ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Definition of Facility, Contiguous/ Adjacent Definition of Facility, Distinction of Owner/ Operator SIC Code SIC Code, Solvent Recovery 8. A company houses all of its operations including its manufacturing processes in a leased warehouse that is neither contiguous nor adjacent to the facility. In June, it bought a different warehouse and moved the manufacturing operations there. These two locations are neither adjacent nor contiguous. The company did not shut down or close during this time. How should the company make threshold determinations and report for Section 313? Because the operations were carried out at two distinctly separate, physical sites, the company operated two separate facilities. The owner/operator of the company, therefore, must make threshold determinations and release and other waste management calculations individually for each facility. The company need only file Form Rs for thefacility(ies) that exceeded the reporting thresholds during the reporting year. If independently both facilities meet the reporting criteria, the company must submit the appropriate forms for each facility. 9. Two distinct SIC code operations that are covered under EPCRA Section 313 (e.g., an electricity generating unit and a cement plant) are located on adjacent properties and are owned by the same parent company. The two operations are operated completely independently of one another (e.g., separate accounting procedures, employees, etc.). Are these two operations considered one facility under EPCRA Section 313? Yes. Under EPCRA Section 313, a 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." Because these two operations are located on adjacent properties and are owned by the same person they are considered one facility for EPCRA Section 313 reporting purposes. 10. Facilities in the scrap and waste materials businesses are in SIC Code 5093, indicating that they assemble, shred, sort, melt, and wholesale scrap metal ingots and waste materials. When they landfill residuals, a small volume of air pollutants are generated. How extensive will the reports be for such operations? Such scrap metal processing facilities are not currently covered by Section 313 reporting requirements if their primary SIC codes are in 5093. 11. Is a mobile solvent recovery unit within the solvent recovery SIC code? Yes. If the owner or operator of a mobile solvent recovery unit conducts solvent recovery services on a contract or fee basis, it is in SIC code 7389— the solvent recovery SIC code. ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers SIC Code SIC Code, Activity Restricted to Company Reporting Criteria, SIC Code SIC Code, Reporting Responsibility SIC Code, Reporting Responsibility 12. Is an automobile proving ground facility subject to reporting under Section 313? Provided the automobile proving ground is not an auxiliary facility, the SIC code for "automobile proving and testing grounds" is 8734. It, therefore, is not within a covered SIC code and would not need to report under EPCRA Section 313. 13. Does a facility that is subject to RCRA Subtitle C, and just happens to manage waste generated by facilities within the same company, fall within the covered SIC code range for EPCRA Section 313 reporting? Waste treatment facilities are classified in SIC code 4953—Refuse Systems, which includes such activities as hazardous waste treatment and disposal sites. Hazardous waste treatment facilities that are regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. Section 6921 et seq. were added in the final rule published on May 1, 1997 (62 FR 23833). Provided that the facility is classified within SIC code 4953 or another covered SIC code and meets the employee requirement, the facility would be required to consider its chemical management practices for purposes of EPCRA Section 313 reporting. A facility's SIC code classification is not necessarily affected because it limits activities to facilities within the same company. 14. I run a trucking company and all I do is pick up the chemicals at the vendor and take them to the customer. Must I report under Section 313? Trucking companies are generally not in a covered SIC code. If you are not in a covered SIC code, then you are not required to report under Section 313. 15. Is a waste management facility that is classified in SIC code 4953 (Refuse Systems), but is not regulated under Subtitle C of the Resource Conservation and Recovery Act (RCRA), subject to EPCRA Section 313? No. Facilities in SIC code 4953 are only subject to EPCRA Section 313 if they are also regulated under RCRA Subtitle C. Many types of waste management facilities operate within SIC code 4953 that are not regulated under the RCRA Subtitle C programs, such as sanitary landfills, garbage collection, and street refuse systems, which were not added under EPCRA Section 313 by the May 1, 1997, final rule. 16. The final rule on facility expansion created regulatory language in 40 CFR Section 372.22(b) that limits the coverage of electricity generating facilities to those that operate in SIC codes 4911, 4931, and 4939 and specifically to those "facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce." Based on ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 SIC Code, Form R Revisions SIC Code, NAICS Fuel, Electricity Generating Facility, Kerosene, Coal or Oil this regulatory language, are electricity generating/aci/ift'es that only use coal and/or oil to test backup generators considered covered facilities for EPCRA Section 313 reporting? No. Use of oil or coal for purposes of testing, (e.g.. testing safety equipment at nuclear facilities) would not constitute a use of oil or coal for purposes of generating power for distribution in commerce. However, if a facility intentionally generates excess power during the testing operations for the purpose of distributing it in commerce, the facility would be "covered." In fact, if the facility is intentionally generating electricity for distribution in commerce, provided that the facility meets the chemical activity and employee thresholds, the facility would be considered "covered" even if only a small amount of fuel oil used. 17. A. facility whose SIC code is outside the covered SIC codes believes that their current SIC code is misrepresentative of the facility's activities. In actuality, the facility may be better represented by an SIC code within the covered SIC codes. If the facility changes its SIC code to a covered group, should they back report for previous reporting years under EPCRA Section 313? Ifthe facility has not altered its operations and should have been classified in a covered SIC code and has met the threshold and employee criteria, it is required to report for all the previous years under EPCRA Section 313. If the mix of activities at the facility shifted from non-covered to covered SIC codes, then it should begin reporting for the year in which the change occurred. 18. Effective January 1,1997, the Office of Management and Budget adopted the North American Industry Classification System (NAICS), a new economic classification system that replaces the 1987 Standard Industrial Classification (SIC) system (62 FR 17228; April 19,1997). How will EPA update its EPCRA Section 313 regulations to reflect this change? EPA will be addressing this SIC code change, as it relates to EPCRA Section 313, in an upcoming Federal Register notice. 19. An electricity generating/aci/iYy (EGF), in SIC code 4911, combusts kerosene for the purpose of generating power for distribution in commerce. Is the facility subject to EPCRA Section 313? Yes. Under the rule that expanded the industry sectors (May 1, 1997; 62 FR 23834) that must report under EPCRA Section 313, electricity generating facilities (EGFs) in SIC codes 4911, 4931, or 4939 that combust coal and/or oil for the purpose of generating power for distribution in commerce are ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Electricity Generating Facility, Oil-contami- nated Debris, Coal or Oil, Fuel Employee Threshold, Contractor Hours Employee Threshold, Vacation Hours, Sick Leave subject to EPCRA Section 313 reporting requirements, provided that the other threshold criteria are met. Pursuant to this expansion, kerosene (as well as petroleum coke) is an oil. 20. A. facility in SIC code 4939 combusts refuse-derived fuel. During the reporting year, the facility combusts small amounts of oil-contaminated debris to produce electricity for distribution into commerce. Is the facility covered by EPCRA Section 313? No. Facilities in SIC codes 4911, 4931, or 4939 are only covered by EPCRA Section 313 if they combust coal and/or oil for the purpose of generating power for distribution in commerce. "Coal and/or oil" does not include non- hazardous oil-contaminated debris. Since the facility is in SIC code 4939, but does not combust coal or oil, it is not covered by EPCRA Section 313. B. Employee Threshold 21. When should an individual's time spent working for a facility be counted for purposes of determining whether or not a facility exceeds the 20,000-hour employee threshold? If an individual is employed by the facility or by the facility's parent company to work for the facility, then all of the hours worked by the individual for the facility should be counted toward the 20,000-hour employee threshold. For example, a headquarters engineer spends most of her time at headquarters, but some of her time is spent at a covered facility. The time the engineer spends at the covered facility and the time the engineer spends working for the covered facility while at headquarters should be included in the facility's employee threshold determination. If the individual is hired by the facility (or by the facility's parent company) as a contractor to work at the facility and is based at the facility, then all hours worked by the contractor should be counted. If the individual is not an owner, contractor, nor an employee of the facility, then the individual's time spent working at the facility should not be counted toward the 20,000-hour employee threshold. For example, the time spent by individuals who are performing intermittent service functions at the facility, such as municipal trash collectors or the electric utility company repairing power lines, should not be counted. 22. Under the Section 313 regulations, a full-time employee is defined to "...mean 2,000 hours per year of full-time equivalent employment." The definition of full-time employee goes on to stipulate that "(a) facility would calculate the number of full-time employees by totaling the hours worked during the reporting year by all employees including contract employees and dividing the total by 2,000 hours" (40 CFR Section 372.3). (It follows that 20,000 hours worked is equivalent to 10 full-time employees.) When calculating the total number of hours worked by all employees during the reporting year should vacation and sick leave used be included toward the 20,000 hour threshold? ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Employee Threshold, Paid Holidays Employee Threshold, Part-Time Employee, Full-Time Employee Employee Threshold, Full-Time Employee Employee Threshold, Full-Time Employee Yes. When making the full-time employee determination the facility should consider all paid vacation and sick leave used as hours worked by each employee who claims such vacation or sick leave. If the facility meets or exceeds the 20,000-hour threshold (including vacation and sick leave), the facility is considered to have 10 or more full-time employees. 23. Must paid holidays be included in an owner's employee threshold calculation? Yes. Paid holidays need to be included in the owner's employee threshold calculation. 24. Would a facility with nine full-time employees and four part-time employees be required to report under Section 313? The total hours worked by all employees should be reviewed. A full-time employee is defined on a time equivalent basis of 2,000 labor hours per year (40 CFR Section 372.3). If the total hours worked by all employees at a facility, including contractors, is 20,000 hours or more, the criterion for number of employees has been met. Therefore, if combined, the 13 employees of the facility worked 20,000 hours or more, the facility has satisfied the employee threshold. 25. A manufacturingyaci/iYy has 8 employees. Each employee worked 2,500 hours in the reporting year. Consequently, the total number of hours worked by all employees at this facility is 20,000 hours. How should the facility determine whether it meets the 10 full-time employee threshold for purposes of reporting under Section 313? One full-time employee is equal to 2,000 hours (40 CFR Section 372.3). The number of full-time employees is determined by dividing the total number of hours worked, 20,000, by 2,000 hours, or 10 full-time employees. Therefore, even though only eight persons worked at this facility, the number of hours worked is equivalent to 10 full-time employees and this facility has met the employee criterion. 26. Is an "employee" a group of people who work 2,000 hours per year (such as three people who work 1/3 time) or is it one person who works full-time? An "employee" can be either a single person or a group of people, including the owner. The regulatory criterion is that the total hours worked by all employees is equal to or greater than 20,000 for that reporting year at the facility. ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Employee Threshold, Sales Staff Employee Threshold, Maintenance Staff Employee Threshold, Truck Drivers Employee Threshold, Truck Drivers 27. Does the full-time employee determination include the hours worked by sales staff whose office is included in the same building as the production staff? Yes. All persons employed by & facility regardless of function (e.g.. sales, clerical) or location count toward the employee threshold determination (40 CFR Section 372.22(a)). 28. An electricity generating/aci'/iYy has maintenance staff for maintaining the electricity distribution system. Staff are based on-site. When counting the hours of this staff, the electricity generatingyaciViYy is over the 20,000 hours or 10 FTE (full-time employee) threshold. Without counting the management staff hours, the electricity generating/aci/iYy falls below the 20,000 hours or 10 FTE threshold. Because these hours are not directly in support of the electricity generating portion of the facility (i.e., they are in support of the distribution system), do they count toward the 20,000 hours or 10 FTE threshold? Yes. Hours worked by employees who support the distribution system must be included in the facility's employee determination. All of the hours worked by all employees based at a covered facility must be considered toward the facility's employee threshold, regardless of whether the activities they perform are associated with covered activities. 29. The employee threshold under Section 313 is 10 full-time employees or the equivalent, 20,000 work hours/year. This includes all sales staff, clerical staff, and contractors. Would this also include delivery truck drivers who returned to the facility only to pick up a shipment and then leave again? If the truck drivers are employed by the facility or the facility's parent company, and paid by the facility or by the parent company, then they are employees of the facility and would be factored into the employee threshold. If they are based at the covered facility, all of the hours worked by the truck drivers for the facility are counted towards the employee threshold. If the truck drivers are not based at the covered facility, then only their time spent servicing the covered facility is considered towards the employee threshold. However, facilities are not required to count hours worked by contract drivers. 30. A facility employs drivers to pick up and deliver its products. Some of the drivers use the facility's trucks, while other drivers use trucks not owned by the facility. Should the facility count all driver hours towards its employee threshold, regardless of whose trucks the drivers use? ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Employee Threshold, Off-site Employees Employee Threshold Employee Threshold, Off-site Employees Employee Threshold, Corporate Employees Yes. Hours worked directly for the facility by drivers that are employed by the facility are counted, regardless of whose truck they use. 31. Facility A manufactures and sells machinery. Facility A sends employees to customers' sites to repair and service the machinery. These employees are not based at Facility A. For example, some of the employees pick up company vehicles and needed supplies from rented property before going to the client's site. Facility A also has employees who work directly for the facility, but work entirely from their homes. Should Facility A consider hours worked by these employees in making the employee threshold determination? Yes. If an individual is employed by a covered facility and works for the covered facility, then all hours worked by that individual must be counted towards the 20,000 hour employee limit, regardless of where the employee works (i.e.. on-site or off-site). 32. A. facility covered under EPCRA Section 313 has nine full-time employees and one part-time employee. The facility also has an employee who works at the facility, but does not draw a salary. Should the hours worked by the employee who does not draw a salary be counted towards the employee threshold for the facility'! Yes. Even though the employee does not draw a salary, he/she is still working for the facility. Therefore, the employee's hours must be counted towards that facility's employee threshold. 33. Does Facility A need to include in its employee threshold (10 FTE/ 20,000 hours) determination sales representatives that work for Facility A but are never/rarely physically working at Facility A? Yes. For purposes of determining the EPCRA Section 313 employee threshold, employee hours for employees that directly support the facility, should be included in the employee calculation for the facility. Therefore, if the hours spent by sales staff directly support a facility, then their hours should be allocated to the facility they directly support, regardless of the amount of time those employees are physically at the facility. 34. A covered facility that is part of a larger corporate entity has corporate employees located on-site. These employees do not directly support the activities that are conducted at the facility where they are located; rather, their time is spent working for that facility as well as for other facilities that are part of the same corporate entity. Does the facility where these employees are located have to count the hours worked by these employees toward its employee threshold? ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Employee Threshold, Facility Owner Employee Threshold, Facility Owner, Profit Share Employee Threshold, Permanent Disability Employee Threshold, Contractors Yes. The facility where these employees are located should count the hours worked by them toward the facility's employee threshold, unless the facility's time keeping system allows it to track the time worked by these employees according to the actual facility for which they are working. If a facility can demonstrate through time keeping records that the time worked by these employees was in support of another facility within the same corporate entity, then it does not have to count the hours worked by these employees towards its own employee threshold. The facility that these employees directly support would have to count the hours toward its employee threshold. 35. If an individual both owns and works at a facility, how should the owner's time be accounted for when determining whether or not the facility exceeds the 20,000 hour employee threshold? The owner must be counted as the equivalent of a full-time employee of the facility and his/her hours must be applied toward the 20,000 hour employee threshold. 36. The owner of a covered facility does not work at the facility but draws an income from profit sharing. Would he/she be considered an employee according to the definition under EPCRA Section 313 (40 CFR Section 372.3)? No. If the owner of the facility does not work at the facility and only draws a profit share, the owner is not considered an employee and the reporting facility will not count the owner towards the employee threshold. 37. A covered facility under EPCRA Section 313 has nine full-time employees. The facility also has one paid employee who is on permanent disability. Should the facility include this employee in their employee threshold determination (40 CFR Section 372.22(a))? No, the facility does not have to include the disabled employee when determining their employee threshold. The employee would be considered the equivalent of a retired employee. 38. A facility employs several contractors for various types of work, on-and off-site. Which contractors should the facility consider in its employee threshold determination? The facility must include maintenance contractors, such as those for general building structure maintenance, process equipment maintenance, and lawn care, in its employee threshold determination. Major contractors for services such as tank building/wrecking and tank painting are also included in the employee threshold. The facility should not include hours worked by minor on-site intermittent service vendors such as trash haulers, vending machine servicers, and service repair persons for utility-owned equipment that are not employed by the covered facility. 10 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Employee Threshold, Contractors Employee Threshold, Contractors Employee Threshold, Truck Jobbers Employee Threshold, Contractors, Multi- establishment 39. An establishment leases one acre of land adjacent to the reporting facility from a three-acre strawberry farm. The facility imports and repackages methyl bromide for sale and distribution. Does the facility have to include the strawberry pickers when determining whether the 10 full-time employee equivalent criterion applies? The reporting facility should not tabulate the hours worked by farm workers it does not pay. If, however, the reportingfacility actually employs or contracts with these farm workers then the hours worked on-site by these workers would count towards the 10 full-time employee equivalent (40 CFR Section 372.3). 40. A manufacturing company that normally employs only four employees hires a construction company to modify its facility. The construction workers are employees of the construction company and worked on-site for several months. Do the hours worked by the construction workers count toward the 10 or more full-time employee threshold (20,000 hours of work)? Yes. The hours these contract employees worked on-site or off-site for the facility must be counted toward the 20,000-hour threshold (40 CFR Section 372.3). In general, a contract employee is a person working on-site or off-site for the facility under a specific contractual agreement performing specific tasks or services for the facility, except intermittent service vendors. 41. A petroleum bulk terminal contracts with truck jobbers who purchase its petroleum products. The terminal has no direct control over the activities of the 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 products and function as customers to the terminal. However, the petroleum bulk terminal must consider these activities toward its processing threshold. 42. Should contractors who construct dikes, clean tanks, and perform inventory control activities conducted off-site, and who are all performing process-related activities in support of a covered facility, be included in the employee threshold determinations? Yes. The hours worked on- or off-site by any contract employee for the facility must be counted toward the 20,000-hour threshold. Facilities should keep records that identify all hours employees or contract employees work in support of facilities. EPA describes a contract employee as a person working on-site or off-site for the facility under a specific contractual agreement 11 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Multi- Establishment, Joint Venture, Facility- Definition of, Electricity Generating Facility Employee Threshold, Facility Closure Employee Threshold, Overtime performing specific tasks or services for the facility, except intermittent service vendors such as trash pick-up. 43. Electricity generating unit 1 (EGU 1) is subject to EPCRA Section 313 and is owned by Company A. EGU 2 is also subject to EPCRA and is adjacent to EGU 1. EGU 2 is owned by a joint venture, 80 percent of which is owned by Company A and 20 percent of which is owned by Company B. Are EGF's 1 and 2 two separate facilities for the purpose of EPCRA Section 313? No. Because Company A owns the majority share in the joint venture, Company A owns EGU 2 and therefore owns EGUs 1 and 2. Because EGU 1 and 2 are adjacent to one another and have the same owner, they constitute one facility. As one facility, the owner or operator should consider the toxic chemicals and operations at both establishments for threshold determinations and release and other waste management calculations. 44. A manufacturingyaci/iYy was shut down on January 30. Between January 1 and January 30, the facility manufactured a toxic chemical in excess of 25,000 pounds, and 10,000 hours were worked at the facility. After the manufacturing activities ceased on January 30, six employees remained to work on electrical wiring and warehouse activities. For purposes of reporting under EPCRA Section 313, does the facility have to add the working hours of the 6 employees to the 10,000 hours worked during January 1996 in order to determine if 20,000 hours or more were worked at the facility during reporting year? Yes. In calculating the working hours, the manufacturingyac/7/'(y has to include the employees who worked after the facility ceased actual manufacturing operations regardless of the type of work they did (the number of hours worked do not necessary correlate directly to the manufacturing activities). If, during the reporting year, the total working hours at the facility is equal to or in excess of 20,000 hours, the facility owner/operator is subject to reporting for that reporting year (40 CFR Section 372.22). 45. How does a facility consider overtime worked by full-time employees? For purposes of determining the facility's employee threshold, the actual number of hours worked are considered and, therefore, the facility should count the overtime hours for any employee that directly supports the facility. 12 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Reporting Responsibility, Owner/ Operator Reporting Responsibility, Change of Ownership Reporting Responsibility, Employee Threshold, Off-site Support Reporting Responsibility, Change of Ownership C. Persons Responsible for Reporting 46. Is the owner or the operator of a covered facility responsible for reporting? Both the owner and the operator are subject to the Section 313 reporting requirements. If no reports are received from a covered facility both persons are liable for penalties, provided that the facility was required to file a Form R or the Alternative Certification Statement (Form A). As a practical matter, EPA believes that the operator is more likely to have the information necessary for reporting. 47. Who is obligated to file Form Rs for a given reporting year if the facility has changed ownership during the year? Would both owners be obligated to file separate Form Rs for that year? The owner/operator of the facility on the annual July 1 reporting deadline is primarily responsible for reporting the data for the previous year's operations at thatfacility. Any other owner/operator of the facility before the reporting deadline may also be held liable. The reports submitted must cover the full reporting year. 48. Facility A stores oil at Facility B. Facilities A and B have different owners. Facility A sends personnel to Facility B to load oil onto Facility A's trucks using Facility B's truck rack. Facility A then distributes the oil in commerce. Who processed the oil and does Facility B have to count Facility A's hours? Facility B has processed the oil that was taken from Facility B's truck rack located on Facility B's property. Facility A's use of product at Facility B must be considered toward Facility B's threshold, release and other waste management calculations, where appropriate. The hours spent by Facility A's truck drivers while at Facility B do not directly support Facility B but instead directly support Facility A and should be accounted for by Facility A. 49. A company purchased a facility in September through bankruptcy proceedings. The previous owner of the facility filed Form Rs under EPCRA Section 313 for the preceding reporting year. The new owner of the facility has no plans to continue any manufacturing activities at the site. All listed EPCRA Section 313 toxic chemicals at the facility were removed or sold by the previous owner as terms of the bankruptcy proceedings prior to final sale to the new owner. Who must submit Form Rs for the months during the reporting year that the facility was in operation and sold through bankruptcy? The new owner/operator of the facility is liable for filing Form Rs for the months of operation during the previous reporting year since he/she is the 13 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers owner/operator of the facility on the reporting deadline. The purchase of a facility through bankruptcy proceedings does not negate the liability for reporting activities at the facility during the period it was in operation. The new owner/operator must attempt to acquire the necessary information to determine if Form Rs are to be submitted for the reporting year. If reports must be filed, the new owner/operator must submit them in a timely and accurate manner. Reporting Responsibility, Change of Ownership Reporting Responsibility, Change of Ownership, Definition of Facility 50. Company A owns and operates an electricity generating/aci/iYy. The facility consists of a combustion unit and a peaker unit. Company A sells the combustion unit to Company B on June 15 of the reporting year, but retains ownership of the peaker unit. From the time of purchase, Company B owned, controlled, and operated the combustion unit and Company A continued to own and operate the peaker unit. What are the reporting responsibilities of Companies A and B for determining thresholds and filing Form R reports? From the time of the purchase transaction on June 15, there are two separate facilities with two non-related owners and operators. Thus, Company B is responsible only for reporting for the combustion unit after its purchase. Company A is responsible for the combustion unit and the peaker unit prior to sale, but only the peaker unit after the sale. Thus, for threshold determinations, Company A must combine amounts of toxic chemicals manufactured, processed, or otherwise used at the entire facility before the transaction on June 15, with those manufactured, processed, or otherwise used at the peaker unit after the transaction. 51. A facility owner sold a quarter of his plant to another company. This purchase transaction was finalized January 15,1996. The quarter of the plant that was sold was moved to its new location in April of the same year. During the period between sale and move, the entire facility kept operating. The new owner, however, controlled and operated the sold part of the facility. For purposes of reporting under EPCRA Section 313, is the original owner responsible for 1996 reporting for the part of the facility that was sold? From the time of the purchase transaction on January 15, there are two separate facilities with two nonrelated owners and separate operators. Therefore, the original owner must report on the three quarters of the facility retained after the sale if he manufactured, processed, or otherwise used a toxic chemical equal to or in excess of a threshold amount for 1996. The original owner, however, would also include in threshold determinations and release and other waste management calculations any activities that went on from the beginning of January 1996 up to the time of the purchase transaction (January 15) for that part of the facility that was sold. The owner of the quarter of the original facility also must report if that new facility exceeds the 14 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Reporting Responsibility, Change of Ownership, NON Reporting Responsibility, Owner/ Operator, Business Interest Parent Company, Joint Venture Definition of Facility, Joint Venture reporting threshold during the period of January 15, 1996 through April 1996. Once the facility is moved to its new location, a new threshold determination must be made for the remainder of the reporting year and the facility would be assigned a new TRI Identification number. 52. When a facility changes ownership after a Form R has been submitted, who is required to respond to a Notice of Noncompliance (NON) related to the Form R? Is the current or prior owner/operator required to respond to the NON? The current owner/operator has the primary responsibility for responding to a NON. However, all prior owners/operators back to January 1 of the reporting year may also be held responsible if the current owner/operator does not respond to the NON in an accurate, complete, and timely manner. 53. Would an owner of a facility who has no knowledge of any operations at the facility be responsible for reporting? An owner with no business interest in a facility beyond owning the real estate on which the covered facility is located is not responsible for reporting (40 CFR Section 372.38(e)). Jf the owner is part of the same business organization as the operator, or has a business interest in the facility and contracts out the operation of a particular site, he/she is not exempt from reporting. 54. Who is the parent company for a 50/50 joint venture? The 50/50 joint venture is its own parent company. 55. An EPCRA Section 313 covered facility transfers wastes containing a toxic chemical to a 50/50 joint venture company for treatment. The joint venture is located within the property boundaries of the covered facility, and is a partnership between the owners of the covered facility and a separate company. The 50/50 joint venture operates the treatment unit. Is the joint venture a separate/aci/iYy as defined in 40 CFR Section 372.3? The term facility includes 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 under common control with such person)" (40 CFR Section 372.3). The joint venture is a separate facility because a 50/50 joint venture is its own parent company. As its own parent company, the joint venture is not owned nor operated by the same person (or by any other person which controls, is controlled by, or under common control with such person) as the covered facility. 15 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Parent Company, Wholly Owned Subsidiary Reporting Responsibility, Facility Facility- Definition of, Facility- Facility Reporting, Reporting Responsibility Reporting Responsibility, Multiple Owners/ Operators 56. Mom and Pop Plastics is a wholly owned subsidiary of a major chemical company which is a wholly owned subsidiary of Big Oil Corporation, located in St. Paul, MN. Which is the parent company? Big Oil Corporation is the parent company. 57. Company A owns a facility which manufactures crude oil. It sells the crude oil to Company B, but the oil is kept in tanks located on Company A's facility but that are leased to Company B. Who is subject to reporting under Section 313? Since the tanks are part of Company A:'s facility and they are the owner/ operator of the facility, Company A would be subject to Section 313 reporting for any releases and any other waste management activities involving toxic chemicals from the tanks. 58. A RCRA-permitted subtitle C facility shares a common fence line with a RCRA subtitle D facility that landfills municipal solid waste and non-hazardous special wastes. Each of these operations has its own waste management permits and are considered distinct entities. They are both operated by the same company and owned by the same parent company. Are both operations subject to EPCRA section 313? Two adjacent establishments., owned or operated by the same corporation constitute one facility under section 313. As such, the facility must consider their combined activities for threshold determinations and release and other waste management calculations. 59. A piece of contiguous property consists of three covered sites with various buildings, structures and equipment. The three sites are owned by two different companies - Company A and Company B. All three sites operate completely independently of each other and have separate personnel, finances, and environmental reporting systems. Site 1 and its buildings and structures are owned and operated by Company A and site 3 and its buildings and structures are owned and operated by Company B. The middle site, site 2 and its buildings and structures, are owned by Company A and operated by Company B (see diagram). Are all three sites and their buildings and structures considered separate facilities under EPCRA Section 313? Who is responsible for reporting for each? Sitel Owned and operated by A Site 2 Owned by A and operated by B Site3 Owned and operated by B 16 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Definition of Facility, Reporting Responsibility, Waste Disposal, Waste Management Activities Definition of Facility, Reporting Responsibility, Waste Disposal, Waste Management Activities Under 40 CFR Section 372.3 ^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." Because all buildings and structures located on sites 1 and 2 are located on contiguous property and are owned by the same person, they are considered one facility. Because all buildings and structures located on sites 2 and 3 are located on contiguous property and are operated by the same person, they are also considered one facility. Therefore, for purposes of determining thresholds, the toxic chemicals manufactured, processed, and otherwise used at site 2 must be counted toward both Facility A's and Facility B's threshold determinations. Because the operator is primarily responsible for reporting, estimating and reporting releases and other waste management calculations for sites 2 and 3 are the primary responsibility of Company B and the release and other waste management reporting for site 1 is the primary responsibility of Company A. EPA allows the release and other waste management reporting to be done in this manner to avoid "double counting" releases and waste management activities at site 2. However, provided thresholds have been exceeded, if no reports are received from a covered facility both the owner and the operator are liable for penalties. 60. A recycling and disposal facility encompasses several RCRA subtitle C hazardous waste and subtitle D municipal solid waste management units. Is this facility subject to EPCRA Section 313? Yes. This facility is subject to EPCRA Section 313. Because at least one unit at this facility is regulated by RCRA subtitle C and the facility's operations are classified in SIC code 4953, for the purposes of EPCRA Section 313, this facility is considered to be in SIC code 4953 (regulated under RCRA subtitle C). As such, this facility must consider all non-exempted activities at the entire facility for threshold determinations and release and other waste management reporting. The owner or operator should be sure to include any information the facility may have concerning toxic chemicals at the solid waste units of the facility as well as at the hazardous waste units. 61. A RCRA subtitle C hazardous waste \andfi\\facility in SIC code 4953 is planning to construct a RCRA subtitle D disposal cell on-site. Is this facility subject to EPCRA Section 313? Yes. This facility is subject to EPCRA Section 313. Because at least one unit at this facility is regulated by RCRA subtitle C and the facility's operations are classified in SIC code 4953, for the purposes of EPCRA Section 313, this facility is considered to be in SIC code 4953 (regulated under RCRA subtitle C). As such, this facility must consider all non-exempted activities at the entire facility for threshold determinations and release and other waste management reporting. The owner or operator should be sure to include any 17 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Facility, Business Interest, Multi- establishment Definition of Facility, Contiguous/ Adjacent SIC Code 4953, Hazardous Waste Facility, Definition of Facility information the facility may have concerning toxic chemicals at the solid waste units of the facility as well as at the hazardous waste units. 62. A fish processor rents space in a building. The refrigeration system in the building uses ammonia. The building owner supplies the ammonia, runs the refrigeration system, and bills the fish processor based on the amount of fish processed. Must the fish processor report for ammonia? Another business, a frozen food packager also uses the refrigeration system but is a separate company from the fish processor. The owner of the building must report on the ammonia if the threshold for ammonia is exceeded since he/she is operating the system. In this instance, the owner has more than just a real estate interest in the property. If both businesses are in covered SIC codes and the owner is operating part of that facility, he/she should report. 63. How would a facility report toxic chemicals in wastes that are treated in waste treatment units that it does not own? For example, if a facility sold a unit that is within its contiguous property to another company, which facility should report? The facility creating the waste containing the toxic chemical would report the toxic chemicals as an off-site transfer. Assuming the waste treatment units are neither owned nor operated by the facility creating the waste, the waste treatment unit is a separate facility. The waste treatment facility would only report if they manufacture, process, or otherwise use the toxic chemical in excess of the thresholds. In that case, the waste treatment facility would report any release or other waste management activities associated with the toxic chemical at its facility. 64. Are all processes occurring at a single hazardous waste facility potentially covered by EPCRA Section 313 if only some of the activities are regulated by RCRA subtitle C? If all of the activities occurring at a site are occurring on the same contiguous or adjacent piece of land and are owned or operated by the same organization, the entire area is considered one facility. If the facility is a hazardous waste facility with primary SIC code of 4953 and any portion of the facility is regulated under RCRA subtitle C, the facility meets the SIC code criterion and must thus determine thresholds and calculate releases and other waste management amounts for all activities at the facility, even those not regulated under RCRA subtitle C. 18 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Primary SIC Code, Multi- establishment SIC Code, Multi-Activity Facility, Petroleum Bulk Stations Multi- establishment, Definition of Facility, Establishment, SIC Code D. Multi-Establishment Facilities 65. What is the definition of primary SIC code? How can there be more than one primary SIC code for a facility'! A primary SIC code generally represents those goods produced or services performed by an establishment that have the highest value added of production or produce the most revenues for the facility. Form R and the Alternate Certification Statement (Form A) provide space for more than one primary SIC code because a facility may be made up of several establishments each of which may have a different primary SIC code. 66. Many bulk petroleum stations operating in some midwestern states sell their petroleum products directly to end users. These plants typically sell to farmers and construction companies, as well as state and local governments. Generally, quantities 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 customer business. Are these facilities 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 the facts provided in the question, these facilities are properly classified in SIC code 5171 (bulk petroleum stations and terminals), which are included in the list of facilities covered under EPCRA Section 313. According to the SIC code Manual (1987 edition) "...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, and are therefore covered under EPCRA Section 313, beginning with the reporting year 1998. EPA believes that the facilities described in the above question are appropriately classified in the Wholesale Division as defined in the SIC code manual. 67. Clarify the application of SIC codes for facility versus establishment! The SIC code system classifies businesses on the basis of an establishment, which is generally a single business unit at one location. Many Section 313 covered facilities will be equivalent to an establishment. If the facility's SIC code is a covered SIC code, the facility has met the SIC code criterion for reporting under EPCRA Section 313. However, a reporting facility can encompass several establishments located on a single site or on contiguous or adjacent sites owned or operated by the same entity. Therefore, a Section 313 facility can be a multi-establishment complex. To determine if a multi- 19 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers establishment complex is a covered facility, the owner/operator must determine the complex's primary SIC code based on the relative value of products and services provided by the various establishments. If the primary SIC code for the facility is a covered SIC code, the facility has met the SIC code criterion. SIC Code, Multi- establishment Primary SIC Code, Multi-activity Facility Multi- establishment, Activity Threshold 68. Suppose a facility consists of several establishments, some of which have primary SIC codes within the covered SIC codes and some of which have primary SIC codes outside that range. How would this facility determine if it is covered by EPCRA Section 313? To determine if a facility is covered by EPCRA Section 313, the facility must determine if it meets the SIC code criterion. To make this determination, the facility must report if those establishments that are in the covered SIC codes have a combined value of more than 50 percent of the total value of services provided or products shipped or produced by the whole facility, or if one of those covered SIC code establishments has a value of services or products shipped or produced that is greater than any other establishment in the facility (40 CFR Section 372.22(b)(3)). If the facility determines that the establishments meet this test, the entire facility has met the SIC code criterion. If the entire facility also meets the employee and chemical activity thresholds (based on all establishments at the facility), then the entire facility would be subject to EPCRA Section 313 reporting. 69. SIC Code 7389 (business services, not elsewhere classified) contains many diverse activities. How does a facility that conducts more than one activity in SIC 7389 determine if it is primarily engaged in solvent recovery, and therefore, covered under EPCRA Section 313? A facility that conducts several uniquely different activities that are within SIC code 7389 should identify the value of the goods or services that each activity contributes. A facility is considered to be "primarily engaged" in solvent recovery if the goods or services produced by the solvent recovery activity has a value of more than 50 percent of the total value of all goods and services produced at the facility, or if the goods and services produced by the solvent recovery activity of the facility are greater than those produced by any other activity at the facility. 70. A covered facility is comprised of several establishments. None of the establishments meet a chemical activity threshold separately, but together, the facility exceeds a chemical activity threshold. Since no single establishment exceeds the reporting quantities, is it necessary for the facility to file a Form R? The covered facility, not the establishments, must report if the facility meets all of the reporting criteria. The threshold determination for manufacture, 20 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Facility, Multi- establishment Primary SIC Code, Multi- establishment Primary SIC Code, Multi- establishment, Off-site Services process, or otherwise use of the listed chemical must be made by adding the amounts of the chemical from appropriate activities of all the facility's establishments. 71. If a company has a plant in New Jersey, which processes 15,000 pounds of methanol, and a plant in Texas, which processes the same amount of methanol, do both plants have to report as establishments of a facility'! No. The two processing plants are separate facilities because they are not located within the same, or adjacent, or contiguous physical boundary. Thus, their activities are not additive and neither would report for methanol because the processing threshold of 25,000 pounds has not been met by either facility. 72. A multi-establishment facility grows wheat and mills it into flour. At the agriculture portion of the facility, all of the wheat grain is grown, harvested and placed into a silo. After leaving the silo, 20 percent of the wheat grain is sold, while the remaining 80 percent of the wheat grain is milled into flour and packaged. If the facility farms and sells more than it mills into flour and sells, is it a covered facility'! What is the primary SIC code of this facility? In order to make the facility coverage determination, the facility must compare the relative value of products shipped and/or produced at the two different establishments (i.e.. agriculture versus the flour processing). The value of the product produced at the agricultural establishment (SIC code 0111, not in a covered SIC code) is the market value of all the wheat grain harvested during the reporting year. The value of the product from the milling/packaging establishment (in SIC code 2041, a covered SIC code) is the value of the products shipped and/or produced minus the market value of the wheat grain used to produce the flour. In other words, you do not double count the value of the wheat grain as part of the value of the products from the flour processing operation. If the "value-added" of milled flour products is greater than the value of harvested grain, then the facility's primary SIC code would be within a covered SIC code and the facility would be subject to reporting under EPCRA Section 313. 73. A facility has two establishments, one in SIC code 35 (a covered SIC code), and one in SIC code 70 (not a covered SIC code). In determining the facility's primary SIC code, the facility must determine the sum of the services provided and/or products shipped from or produced by each establishment. Some of the employees who support the establishment in SIC code 70 work entirely off-site, either at home or at clients' sites. Should the facility consider this off-site work when determining the value of the services provided by SIC code 70? 21 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Yes. In determining the primary SIC code, the facility should consider the value of services provided by each establishment, including services provided by employees who work for that establishment at home or who service that establishment's products at clients' sites. Multi- establishment, Reporting Criteria, Product Value Multi- establishment, Zero Releases 74. A facility consists of several different establishments. In terms of the SIC Code determination, how is product value defined? Where do state and federal taxes fit into the calculation of value? Is pre-tax or after tax value counted? Over what period of time is value calculated? Product value should be based on the total sales before taxes, not profits. Total product value includes the value of services provided, products shipped, and/or products produced. This includes a fair market value for inter- company transfers, including a reasonable proportion of overhead and profits. If the facility transports the products itself, the value of the transportation services should be part of the calculation of the total value of all production, shipments, and/or service. Taxes collected from customers and forwarded to local, state, or federal taxing authorities should be excluded from the calculation of product value. Taxes that are paid by manufacturers, wholesalers, or retailers upstream of the facility and passed on to the facility in the price of goods and services it purchases should be included in the calculation of product value. The time period for calculating product value should be the reporting year in question. 75. A covered facility with three establishments exceeds an activity threshold for a listed toxic chemical. The facility has the option to file one form to cover the activities at the entire facility or they may file forms for each of the establishments as long as the threshold determinations and release and other waste management calculations are based on all of the activities at the entire facility. The facility chooses to file separate Form R reports for each establishment. All three of the establishments conduct a threshold activity with the listed toxic chemical. However, one establishment does not release or perform any waste management activities with the listed toxic chemical. Must this establishment also file a Form R or can the facility submit only two Form R reports? If individual establishments or groups of establishments report separately for one listed toxic chemical, they must report separately all covered activities, releases, and other quantities of the toxic chemical managed as waste. Therefore, if each establishment conducts a threshold activity with the toxic chemical, each establishment is also required to report separately for the toxic chemical even if the establishment had no releases or other waste management activities with the toxic chemical. Such establishments should make certain that they file a complete Form R including reporting the chemical activity information on Part I, Section 3 of the Form. 22 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Multi- establishment, Off-site Transfer, FormR Submissions Multi- establishment, Part II Section 3 Multi- establishment, Separate Form Rs 76. Each establishment of a multi-establishment facility files its own Form R for a toxic chemical. The waste that this multi-establishment facility ships off-site is inventoried on an entire facility basis. To report the listed toxic chemical in this waste, does each establishment estimate their percentage of the total listed toxic chemical in the waste or can one establishment report the entire quantity of the listed toxic chemical in the waste? If individual establishments or groups of establishments report separately for one listed toxic chemical they must report separately all releases and other quantities of the toxic chemical managed as waste. Therefore, in the case cited above, one establishment cannot report the off-site transport quantity of a toxic chemical in waste from the entire facility. Each establishment would have to report separately its percentage of the transfer quantity. 77. A facility consists of many establishments and the operators have chosen to file Form Rs by establishment rather than as a facility. Establishment 1 has a manufacturing process that otherwise uses over 10,000 pounds of a listed toxic chemical. Establishment 1 sends its wastewater to establishment 2, where it is treated. Establishment 2 just treats the toxic chemical and does not use it anywhere else. Since a Form R has to be filed because of establishment 1's activities, how should the operator of establishment 2 fill out the Form R? Specifically, how should establishment 2 address Part II Section 3 for activities and uses at the facility? How should establishment 2 reflect the releases resulting from the waste treatment? Since the facility has chosen to report separately as two establishments, rather than not answering that Section of the Form R, EPA recommends that establishment 2 check the block 3.3(c) for otherwise use as an ancillary use. The rest of the Form R can be filled out as if that second establishment had triggered reporting itself. If any further questions were to arise about activities at establishment 2, its required recordkeeping should indicate that the Form R is for treatment only and reflects releases and other waste management activities transferred to establishment 2 by other establishments. 78. Establishments A, B, and C are all part of a facility and the facility elects to file Form Rs by establishment for chemicals that exceeded a threshold based on combined activities. The facility exceeds the reporting threshold for benzene, but only establishments A and B use any benzene. Is establishment C required to file a Form R report for benzene? Provided that establishment C has no amounts of the toxic chemical involved in threshold or release and other waste management calculations, establishment C is not required to submit a report for that chemical. 23 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Definition of Facility, Right-of-Way GOCOs, Definition of Facility, Right-of-Way 79. A single company owns two divisions that operate separately. Both divisions are within a covered SIC code. The two divisions are located on contiguous/adjacent property that is divided by a public right-of-way. The entrance and exit between the two operations are not at a cross- roads (i.e., access between the two operations can only be gained by going along the public right-of-way, not simply crossing the public right- of-way). Are the two divisions considered two separate facilities under EPCRA Section 313? No. Because the two divisions are owned by the same person and are physically contiguous/adjacent to one another, except for a public right-of- way, they are considered one facility for Section 313 reporting purposes. A facility may consist of more than one establishment. The entrances to each establishment within a multi-establishment facility do not have to be located at a crossroads in order to meet the definition of facility. EPCRA Section 313 defines a facility 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" (40 CFR Section 372.3). 80. The definition of facility under EPCRA Section 329(4) includes "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 under common control with, such person)." Two Government-Owned, Contractor-Operated (GOCO) sites are separated by a street. The GOCOs are owned by the same federal agency, but operated by different contractors. When, as required by Executive Order (EO) 12856, the federal agency is making threshold determinations under EPCRA Section 313, must it consider the two GOCOs as part of the same federal facility'! Yes. The two GOCOs are considered to be a single federal facility for the purposes of EPCRA Section 313 threshold determinations and release and other waste management reporting as required by EO 12856. EPA has interpreted "contiguous or adjacent sites" to include sites separated only by a public right-of-way. Further, Sections 2-201 and 2-202 of EO 12856 expanded the definition of "person" under EPCRA Section 329(7) to include federal agencies, as defined in 5 U.S.C. Sections 102 and 105. Therefore, the two GOCOs are considered to occupy sites that are contiguous or adjacent and which are owned by the same person. Each GOCO should provide any information required by the federal facility in making threshold determinations and reporting releases and other waste management under EPCRA Section 313. 24 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Multi- establishment, Facility, Right-of-Way Multi- establishment, Facility, Pipeline EO 12856 does not alter any separate obligation(s) a GOCO may have under EPCRA and the Pollution Prevention Act (PPA) (EO 12856 Section 1-103). Private contractors operating at federal facilities must continue to meet any legal reporting requirements they have under EPCRA and PPA. Thus, a GOCO that operates a covered facility under 40 CFR Section 372.22 must file a Form R or an Alternate Certification Statement (Form A) for each toxic chemical for which the facility exceeds an activity threshold as specified in 40 CFR Section 372.25. 81. Two manufacturing establishments, owned by the same corporation, are divided by a public railroad. One establishment has rented parking lot space from the other establishment and a walkway was constructed so the employees can go over the railroad tracks to the parking lot. Is this a multi-establishment facility or two separate facilities'! Two establishments owned by the same corporation separated by a railroad constitute one facility for Section 313, since they are still physically adjacent to one another except for a public right-of-way. Therefore, reporting thresholds would be determined by the combined toxic chemical quantities processed, manufactured, or otherwise used at both establishments. 82. Two manufacturing plants owned by the same parent company are connected to each other by a thin patch of land on which a pipeline rests that joins the two plants. The pipeline and connecting land are also owned by the same parent company. For the purposes of reporting on the Form R, are the plants considered two separate facilities, or are they establishments of the same facility"! Under 40 CFR Section 372.3 the definition of facility means, "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 or is controlled by or under common control with such person). A facility may contain more than one establishment." Since both plants are connected to each other by a strip of land that is owned by the same parent corporation, they are contiguous and, therefore, are considered establishments of the same facility. This facility must make threshold determinations based on the combined amounts of listed toxic chemicals at both establishments. Both establishments may report together as the same facility or they may report separately provided that the sum of the releases of the establishments reflects the total releases of the facility and threshold determinations are based on activities at the entire facility. 25 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Threshold Determina- tion, Otherwise Use, Preparation for Otherwise Use Threshold Determina- tion, Process, Preparation for Distribution Process, Preparation for Distribution Process, Limited Distribution, Samples E. Threshold Determinations 83. A. facility buys 10,000 pounds of a listed toxic chemical in one year and creates a mixture for a metal cleaning bath. In the following year, the facility begins cleaning metal in the bath. How does the facility determine thresholds for both years? The threshold applies to the total amount of the toxic chemical otherwise used during the reporting year that the mixture was created. The facility would count the entire 10,000 pounds and any amount added to the bath during that year toward the otherwise use threshold the first year. Only the amount of the toxic chemical added to the bath during the second year would be counted toward the otherwise use threshold determination for the second year. 84. A. facility owner/operator begins a process in December 1996 by mixing a batch of listed toxic chemicals into their product formulation. The mixture remains in the vat until January 1997. At that time, the mixture is packaged into quart containers and sent to customers. For Section 313 threshold purposes, are the toxic chemicals in the mixture considered processed in 1996 or 1997? Process is defined as "the preparation of a toxic chemical, after its manufacture, for distribution in commerce" (40 CFR Section 372.3). The Agency interprets the activity of processing to be reportable when the toxic chemicals are initially prepared. Therefore, the amount of toxic chemicals mixed in 1996 would be added to the processing threshold determination for 1996. 85. If ore is extracted for ultimate distribution in commerce, are toxic chemicals in ore that are not actually distributed during the reporting year considered to be processed for threshold determination purposes, since they were prepared for distribution during the reporting year? Yes. The total amounts of the listed toxic chemicals contained in the ore are considered toward the facility's processing threshold in the year that the amounts undergo ^processing step. For purposes of the EPCRA Section 313 threshold determination, extraction is considered ^processing step and all amounts extracted for preparation of a product to be distributed in commerce are considered processed in the year they are extracted. 86. Electricity generating facilities supply companies with ash for off-site market testing (e.g., the receiving company may test the ash to see if it can be used in a topsoil). Is this processing? Amounts of listed toxic chemicals contained in material or products that are sent off-site for sample testing are considered processed and these amounts 26 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Threshold Determina- tion, Activity Threshold, Storage, Maximum Amount On-site Threshold Determina- tion, Storage Activity Threshold, Storage Reuse System, Threshold Determination must be considered toward threshold and release and other waste management calculations. 87. If a facility has a chemical in storage but does not process or otherwise use it during the reporting year, is the owner/operator subject to reporting? No. Storage, in itself, would not meet an activity threshold under EPCRA Section 313 (Note: the facility may have reporting requirements under other portions of EPCRA such as Sections 311 and 312). However, if the facility exceeds the manufacturing, processing, or otherwise use threshold for the same toxic chemical elsewhere at the facility, the facility must consider releases from the storage of the toxic chemical. The facility must also consider the amount of the Section 313 chemical in storage when calculating the maximum amount on-site during the year. 88. Are materials in inventory (i.e., amounts on hand at year end) factored into threshold determinations? No. Only quantities of a toxic chemical actually manufactured (including imported), processed, or otherwise used during the reporting year are to be counted toward a threshold. 89. A coal mine receives a flotation agent containing a Section 313 chemical in December of 1998, but does not use it until January of 1999. Is the amount of toxic chemical in the flotation agent considered for threshold determinations in the 1998 reporting year? No. Storage in itself of a toxic chemical is not considered a manufacturing, processing, or otherwise use activity and, therefore, is not subject to threshold determinations. However, the facility is required to include any amounts released or otherwise managed as waste that occur during storage of the listed toxic chemical, provided a threshold for the same chemical has been exceeded elsewhere at the facility. When the toxic chemical is used in 1999, the facility will include the amount of toxic chemical used towards the 10,000 pound otherwise use threshold, or the 25,000 pound threshold for processing, whichever is appropriate. 90. If a facility employs a reuse system, how does it determine the amount that it must consider for threshold determinations? For reuse systems, the amount considered for threshold determination purposes is the amount added to the system during the reporting year. If the system is completely empty and is started up during the year, a facility makes its threshold determination by adding the total amount needed to charge the system to any amount which is added to the system during the reporting year. 27 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Threshold Determina- tion, Reuse System, Closed-loop, Otherwise Use Recycle, Reuse System, Threshold Determination Threshold Determina- tion, Equipment Efficiency 91. Many facilities maintain reuse operations such as closed-loop refrigeration systems. If a facility uses 15,000 pounds of ammonia as a coolant in a closed-loop refrigeration system, this amount of the toxic chemical is considered otherwise used under EPCRA Section 313 because the ammonia is not incorporated into the final product. Only the amount of a listed toxic chemical added to a refrigeration system during the reporting year must be included in the threshold calculation. If the facility replaces its refrigeration system but uses the same ammonia to maintain the new system, must the transferred ammonia be considered otherwise used and therefore included in threshold determinations for EPCRA Section 313 reporting? In such reuse systems, the amount of listed toxic chemical which must be applied toward the otherwise use threshold would include any quantity added as a result of start-up or total replacement of the contents of the reuse operation. If a reuse system is completely empty and is started up during the year, & facility must base its threshold determination on the total amount initially needed to charge the system plus any amount which is subsequently added to the system during the year. In this case, the 15,000 pounds of ammonia should have been counted towards the otherwise use threshold when it was first used to charge the old system and any ammonia added to maintain the level of ammonia in the old system should also have been counted towards the otherwise use reporting threshold in the year that it was added. If the facility is reusing ammonia from the old system by simply using it again in a new system this amount of ammonia would not have to be counted towards the otherwise use threshold because it should have already been counted towards that threshold. Once a chemical has been counted towards the otherwise use threshold, any further use of that listed chemical at a facility does not need to be counted again towards the otherwise use threshold. 92. A toxic chemical in a solvent is used, recycled on-site, and then reused as a solvent at the facility. How is that toxic chemical handled for the purpose of threshold determination for Section 313? For solvents in an on-site recycle and reuse system, the total amount of new toxic chemical added to the system during the reporting year is counted towards the otherwise use threshold. The amount of the toxic chemical that is recirculated in the recycle/reuse system is not considered towards the threshold determination unless it is replaced. 93. A covered facility feeds 50,000 pounds of solvent containing 90 percent MIBK (i.e., 45,000 pounds) into a recycling process that is 85 percent efficient. The facility distributes the recovered MIBK in commerce. Should the facility count 45,000 pounds of MIBK (i.e., the entire amount that was inserted into the process) towards the processing threshold? 28 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Threshold Determina- tion, Remediation Threshold Determina- tion, Remediation, Release Reporting, Intake Water Exemption Manufacture, Import, Threshold Determination Yes. The facility considers the entire amount (45,000 pounds of MIBK) entering the recovery system toward the processing threshold regardless of the recovery efficiency of the process. 94. If you operate a treatment plant as part of remediation at a Superfund site on jour facility, do contaminants (already present at the site) have to be included in calculating thresholds and releases and other waste management activities? EPCRA Section 313 listed toxic chemicals undergoing remediation are not included in threshold determinations because remediated chemicals are not manufactured, processed., or otherwise used. However, if a covered facility exceeds an activity threshold for a listed toxic chemical elsewhere at the facility, any releases and other waste management activities of the listed toxic chemicals undergoing remediation must be included in the facility's release and other waste management calculations. In that event, a release does not include material already in a landfill but does include any material released to the environment or transferred off-site due to the remedial activity. 95. A covered facility removes toxic chemicals from groundwater in a clean-up action. The listed toxic chemicals, after treatment, are sent off-site for disposal. Is the facility required to report? Does the exemption for intake water apply? Since the toxic chemicals are not manufactured, processed, or otherwise used, no reporting threshold applies to the cleanup action. If the toxic chemicals are manufactured, processed, or otherwise used elsewhere at the facility and exceed a threshold, releases and other waste management activities from the cleanup must also be reported on the Form R. The quantities of toxic chemicals in the remediation wastes that are sent off-site for waste management are reported in Part II, Section 8.8. The intake water exemption does not apply since the toxic chemicals are not being used in a process activity and because the toxic chemicals in groundwater are not at background levels. 96. If a covered facility manufactures 19,000 pounds, processes 18,000 pounds, and imports 7,000 pounds of toxic chemical X during the reporting year, is it required to report for toxic chemical X? Yes. For the reporting year, the facility would have to report for toxic chemical X because it would have exceeded the manufacture threshold of 25,000 pounds (19,000 (manufactured) + 7,000 (imported) = 26,000). Note that importing constitutes manufacturing, and therefore, the amounts must be added together for threshold determinations. 29 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Threshold Determination Manufacture, Process Threshold Determina- tion, Warehouse 97. Are the thresholds for manufacture and process considered separately? That is, if a covered facility manufactures 24,000 pounds of toxic chemical A and processes 24,000 pounds of toxic chemical A, does the facility need to report for toxic chemical A? No. The facility does not have to report because it has not independently exceeded either threshold. Thresholds are considered separately for manufacture, process, and otherwise use of the same toxic chemical. Assuming that no individual threshold is met for chemical A (i.e.. manufacturing., processing, or otherwise use), the facility does not trigger reporting for chemical A. 98. A chemical manufacturing/aci/iYy manufactures 20,000 pounds of benzene on-site for distribution and sale. The same facility purchases and then repackages and sells a cleaning mixture that contains benzene. Over the calendar year the facility repackages and sells (i.e., processes) 10,000 pounds of benzene in the cleaning mixture and sells the 20,000 pounds of benzene that is manufactured on-site. How many pounds of benzene should the facility count toward its processing threshold? The facility should consider 30,000 pounds of benzene (the 10,000 pounds in the cleaning solution plus the 20,000 pounds of benzene manufactured and sold) toward the facility's processing threshold. When determining if a facility meets a chemical use threshold, owners and operators of covered facilities must consider each chemical use activity separately to determine if any one threshold has been met. For the purposes of EPCRA Section 313, process means "the preparation of a toxic chemical, after its manufacture, for distribution in commerce..." (40 CFR Section 372.3) Afacility that creates a listed toxic chemical and then prepares it for distribution in commerce is both manufacturing and processing the listed toxic chemical and must consider the amount of the toxic chemical manufactured and processed towards both thresholds. 99. How are warehouses affected by Section 313? A warehouse located within the physical boundary of a covered facility is part of the facility. Toxic chemicals manufactured, processed, or otherwise used at the warehouse are included in making threshold determinations and release and other waste management calculations for the toxic chemicals. If the warehouse is not within the physical boundary of the covered facility, it may be covered as an auxiliary facility. (See auxiliary facility discussion in Section 1H of this document.) 30 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Asbestos, Threshold Determination Threshold Determina- tion, Concentration Range, Upper Bound Threshold Determina- tion, Concentration Range, Mixture Threshold Determina- tion, Concentration Range 100. Are releases of asbestos from the demolition of an old plant reportable? Maybe. If friable asbestos is not being manufactured, processed, or otherwise used, no releases or other waste management of asbestos must be reported unless there are other covered activities involving asbestos in the friable form at the facility, and the threshold for reporting has been exceeded. If, however, during the demolition of the plant, asbestos is created in the friable form, the manufacturing threshold may be triggered. 101. If a covered facility only knows the range of concentration of a Section 313 toxic chemical in a mixture, is it required to use the upper bound concentration to determine thresholds? Use of the average or midpoint of the range will avoid overestimating emissions. If a metal mixture contains a range of 1 to 10 percent of three metals together, how can this information be used to determine thresholds? The upper bound should be used if the person knows only the upper bound concentration. For the combination of three toxic chemicals, the owner/operator of the facility should split the upper bound among the three toxic chemicals based on the knowledge that it has, so the total equals 10 percent. If a range is available, using the midpoint or average is reasonable. In this case, if there is a range of 1 to 10 percent of a mixture of three toxic chemicals, the facility would divide the midpoint (5 percent) by three. Therefore, the facility would assume 1.33 percent of each of the toxic chemicals in the mixture. The owner/operator of the facility does not have to assume 10 percent maximum for each toxic chemical. 102. A covered facility uses a mixture in its processing operations and knows only that the mixture contains less than 99.9 percent of four listed toxic chemicals (combined). How should it report? The facility should proportion the amount of chemicals so that their total percentage equals 99.9 percent, since each one cannot physically be present at 99.9 percent. The percentage could be divided equally among the four, unless the facility has some basis for proportioning them differently. 103. A covered facility is told by its supplier that the mixture the facility receives contains as much as 80 percent of 4-aminobiphenyl, a listed toxic chemical, and as little as 20 percent. How should the facility estimate the concentration of 4-aminobiphenyl in this mixture"! If the facility knows the upper and lower bound concentrations in a mixture (i.e.. 80 and 20 percent), it should use the midpoint of these concentrations for threshold determinations. In this instance, 50 percent should be used because it is the midpoint between 80 and 20 percent. 31 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Threshold Determina- tion, Concentration Range, Lower Bound Threshold Determina- tion, Concentration Range, Upper Bound, Mixture Threshold Determina- tion, Facility Construction 104. A covered facility receives a mixture from a supplier who only provides the lower bound concentration of a Section 313 listed toxic chemical in the mixture (e.g., more than two percent toluene). Should the covered facility use this information in threshold determinations for the listed toxic chemical! The facility should subtract out the percentage of any other known components of the mixture to determine what a reasonable "maximum" percentage of toluene could be (e.g.. if the mixture contains 80 percent water then toluene can be no more than 20 percent). The facility then should use the midpoint of the "minimum" and "maximum" percentages in order to determine the pounds of toluene to apply toward the threshold. If no other information is available, the facility should assume that the "maximum" is 100 percent. 105. A covered facility knows that a mixture it processes contains up to 56 percent of mustard gas, a listed toxic chemical. How should the facility estimate the concentration of mustard gas in this mixture for threshold determinations? If the facility knows only the upper bound concentration of the listed toxic chemical and has no other information about the concentration of the other components of the mixture, it should use this upper bound (i.e.. 56 percent) for threshold determinations. 106. A covered manufacturing/aci'/iYy ceased operations at the beginning of the reporting year and construction work took place through July. At that time, the facility resumed manufacturing operations. Listed toxic chemicals were used at the facility during the construction phase. For purposes of threshold determinations and release and other waste management calculations under EPCRA Section 313, does the facility include in its calculations the toxic chemicals used during construction when the facility was not in operation? Yes. Since the facility is a covered facility, any covered activity of a listed toxic chemical will count toward an applicable threshold. Therefore, the toxic chemicals used during the construction phase would be counted toward threshold determinations. Releases and other waste management of a given toxic chemical, used during construction, would also be reported if, during the course of a reporting year, an activity threshold was exceeded for that toxic chemical. If the toxic chemical becomes a fixed part of the facility structure and is not process related, then the structural component exemption may apply. 32 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Threshold Determina- tion, Metal Alloy, Mixture Threshold Determina- tion, Metal Compounds Threshold Determina- tion, Metal Alloy, Article Exemption, De Minimis Exemption Threshold Determina- tion, Metal Compounds Solution 107. How does a facility determine the threshold for reporting of a listed toxic chemical (such as chromium) in a solid piece of steel which it processes'! Since steel is a mixture (and not a compound), the processing threshold determination is made based on the total amount of each toxic chemical present in the steel. If the toxic chemical is present in a known concentration, the amount present can be calculated by multiplying the weight of the steel by the weight percent of the listed toxic chemical. The threshold for processing is 25,000 pounds. 108. How are threshold determinations made for metal-containing compounds? Threshold quantities for metal compounds are based on the total weight of the metal compound, not just the metal portion of the metal compound. The threshold quantities are determined by adding up the total weight of all metal compounds containing the same parent metal. However, release and other waste management calculations are based solely on the weight of the parent metal portion of the metal compounds. Note that there are a few metal compounds that are separately listed and are not counted in the metal compounds categories. For example, maneb (CAS number 12427-38-2) is a manganese compound that is a separately listed chemical and is not reportable under the manganese compounds category. 109. Regarding metals in mixtures, such as chromium in an alloy (stainless steel), how are thresholds and releases and other waste management activities accounted for in a foundry type operation where all of the metals are melted down? Could the de minimis and article exemptions be applied? For threshold purposes, if the listed toxic chemicals in the metals are processed, otherwise used, manufactured as an impurity (that remains with the product), or imported below the de minimis levels, then the de minimis exemption may be taken for that metal in the alloy. However, the article exemption cannot be taken for this type of foundry operation since in founding, a metal is melted down and poured into a mold. Consequently, the resulting metal is not recognizable as its original form. 110. If a covered facility has a solution containing a chromium compound, does the facility need to report on the entire mixture or just the chromium when making a threshold determination under Section 313? To determine if a facility meets an applicable threshold for the chromium compound (or any toxic chemical) in a solution, the facility is required to determine the weight percent of chromium compound in the solution and use that amount for the threshold determination. 33 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Threshold Determina- tion, Process, Electroplating Threshold Determina- tion, Metal Compounds, Mixture, Metal Silicates Threshold Determina- tion, Manufacture, Fuel, Natural Gas 111. A product is immersed into a plating bath containing nickel chloride (NiCl) to bond nickel to it prior to distribution in commerce. Nickel is incorporated into the final product whereas the chloride remains in the plating bath. Since nickel chloride is reportable under the nickel compound category of Section 313, which threshold applies? The total weight of nickel chloride used in the plating bath is considered towards the facility's processing threshold determination. If the facility exceeds the threshold, the owner/operator would only report releases and other waste management of the nickel, the parent metal. Because the facility is also creating elemental nickel, the amount of nickel manufactured from nickel chloride is considered towards the manufacturing threshold. The facility is also processing the elemental nickel. Ifthe facility exceeds thresholds for both chemicals independently, they may file one Form R for nickel and nickel compounds. 112. A covered facility manufactures specialty glass products. The starting materials are primarily metal silicates which are ground into a powder, mixed, and heated. The resulting mixture, the specialty glass, has all the metal silicates melted together in a non-crystalline structure. Since the metal silicates do not exist by themselves in the mixture, how should a threshold determination be made? The metal silicates are processed since they become incorporated into a product (the specialty glass) that is distributed in commerce. If the metal silicates still exist as the original metal silicates but just mixed together then each metal silicate that belongs to a particular metal compound category is included in the processing threshold calculations for that category. If the metal silicates have been reacted to produce another compound (i.e.. if the specialty glass is not just a mixture of individual metal silicates but is another new metal compound) then the metal silicates have still been processed., but a new metal compound has also been manufactured and its weight (i.e.. the whole weight of the glass) must be included in the manufacturing threshold calculations. 113. A covered facility purchases natural gas that contains EPCRA Section 313 toxic chemicals. The facility uses the gas on-site to heat buildings and power equipment. Before the natural gas is used, the listed toxic chemicals are removed and destroyed in a flare. The definition of manufacturing in 40 CFR Section 372.3 states that, "manufacture also applies to a toxic chemical that is produced coincidentally during the manufacture, processing, otherwise use or disposal of another chemical or mixture of chemicals, including a toxic chemical that is separated from that other chemical or mixture of chemicals as a byproduct..." Are the toxic chemicals that are removed from the natural gas coincidentally manufactured, and hence subject to threshold determination under EPCRA Section 313? 34 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Threshold Determina- tion, Non- isolated Intermediates, TSCA PCB, Transformers, Disposal, Threshold Determination The removal and destruction of an EPCRA Section 313 toxic chemical from a fuel before it is used by a facility is not considered an activity that falls under the definition of manufacturing, processing or otherwise use. Facilities that use natural gas in production processes sometimes need to remove impurities from the gas before it is used. Such a facility does not coincidentally produce toxic chemicals as byproducts, but merely separates and removes toxic chemicals already present in the gas. These chemicals would not be subject to threshold determinations for reporting under EPCRA Section 313, and would not be subject to release and other waste management reporting unless an activity threshold is exceeded elsewhere at the facility. If the facility exceeds an activity threshold elsewhere, all releases and other waste management activities from the impurity removal process would be reportable. Although these chemical impurities are usually destroyed, they could also be captured for further use at the facility or for sale as products, either of which would constitute a reportable activity under EPCRA Section 313. If the chemicals are collected and sold as products or incorporated into products, they are considered processed and the amount of each chemical is applied toward its processing threshold. Otherwise use refers to any use of a toxic chemical that is not covered by the definitions of manufacture or process (40 CFR Section 372.3). If the chemicals are collected for further use at the facility or if the chemicals are combusted for energy recovery, the chemicals are considered otherwise used, and the amount of each chemical is applied toward its otherwise use threshold. 114. The Toxic Substance Control Act (TSCA) does not regulate non- isolated reaction intermediates. Do these intermediates still need to be considered for threshold determinations and release and other waste management calculations for EPCRA Section 313? A covered facility owner/operator would need to consider the quantity of non- isolated reaction intermediates manufactured, processed, or otherwise used at the facility when determining thresholds and releases and other waste management activities for EPCRA Section 313. There is no exemption for non-isolated intermediates under EPCRA Section 313. 115. A covered manufacturing/aci'/iYy removes PCB-laced oil that was contained in its on-site transformers. Would this activity be considered processing or an otherwise use of the PCBs, a listed toxic chemical, if the facility only extracts the PCB to dispose of it off-site? If the PCB-laced oil is removed from an on-site transformer for disposal and is not replaced with clean PCB-laced oil, this would not be considered processing or an otherwise use. Removal of a toxic chemical from an article for disposal does not constitute & process or otherwise use activity. 35 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Activity Threshold, Process, Otherwise Use, Incorporation Activity Threshold Reclamation, Processing, Distribution in Commerce Activity Threshold, Recordkeep- ing Therefore, this activity would not be subject to threshold determinations and release and other waste management reporting under EPCRA Section 313. F. Manufacturing, Processing, or Otherwise Use 116. What is the difference between process and otherwise use for the purposes of EPCRA Section 313 threshold determinations? Process implies incorporation; the function or intent of the toxic chemical is dependent upon becoming a part of a product. Otherwise use implies non- incorporation; the function of the toxic chemical is not dependent upon becoming a part of a product. Beginning with reporting year 1998, otherwise use will include the on-site disposal, treatment for destruction and stabilization of toxic chemicals in wastes received from off-site for the purposes of further waste management. Otherwise use will also include the on site disposal, treatment for destruction, or stabilization of toxic chemicals produced from the management of wastes received from off-site. 117. If I manufacture 74,000 pounds of a toxic chemical and otherwise use 9,000 pounds, am I covered? Yes. The facility has exceeded the manufacturing threshold of 25,000 pounds for the toxic chemical. Releases and other waste management from all activities including the 9,000 Ibs otherwise used of the toxic chemical at the facility are reportable. 118. Is the reclamation of elemental mercury from mercury retorting (e.g., recycled fluorescent lamps, contaminated phosphor powder, mercury batteries, and other sources) and the subsequent sale of the recovered mercury (e.g., for use in thermometers and other equipment) subject to the 25,000 pound processing threshold? Yes. Mercury retorted from wastes and subsequently distributed into commerce should be counted towards the 25,000 processing threshold. 119. A covered facility exceeds a threshold for manufacturing copper compounds and keeps documentation to justify its manufacturing threshold determination. The facility frequently otherwise uses various mixtures containing copper compounds during the year. Must the facility track their otherwise use of copper compounds and document that usage? Yes, the facility must track its otherwise use of the copper compounds. However, because the facility has already exceeded the threshold for manufacturing, the facility does not have to track the copper compounds for the purpose of determining if the otherwise use threshold has been exceeded, but instead must track its otherwise use of the copper compounds to properly 36 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Otherwise Use, Off-site Waste Definition of Otherwise Use, Activity Threshold, Coincidental Manufacture, Off-site Waste fill out all applicable sections of the reporting form. In short, if a facility exceeds an activity threshold it must report on all activities at the facility involving the chemical, except for those activities that qualify for an exemption provided for in 40 CFR Section 372.38. (40 CFR section 372.25(c)) And because the facility must report the otherwise uses, the facility must satisfy the recordkeeping requirements of 40 CFR section 372.10. 120. A covered facility receives a waste containing 13,000 pounds of a listed toxic chemical. The facility disposes of 5,000 pounds of the toxic chemical and stabilizes the other 8,000 pounds of the chemical. Does the facility meet a Section 313 chemical activity? Until January 1, 1998, this facility would not be manufacturing, processing or otherwise using the listed toxic chemical. However, beginning January 1, 1998, the facility would be otherwise using the toxic chemical. Because the facility received the 13,000 pounds of chemical A in wastes received from off-site for the purposes of further waste management, the amount of the toxic chemical that is subsequently stabilized or disposed on-site is considered otherwise used at the facility for the purpose of threshold determinations. The facility would need to add the amount of the toxic chemical that is involved in all otherwise use activities to determine whether the otherwise use threshold of 10,000 has been exceeded. In this case, 13,000 pounds of the chemical would be considered otherwise used. 121. A covered facility, in treating for destruction listed toxic chemical A, which it receives from off-site, manufactures 11,000 pounds of chemical B, another listed toxic chemical. The facility subsequently disposes of chemical B on-site. Would the facility meet the manufacture or otherwise use threshold for chemical B? This manufacture of chemical B is below the manufacturing activity threshold of 25,000 pounds. However, after January 1, 1998, the facility would also be otherwise using toxic chemicals A and B. Included in activities covered by EPA's revised interpretation of otherwise use is the disposal of a toxic chemical that is produced from the management of a waste that is received by the facility. In this example, because the facility received from off-site a waste containing a chemical that is treated for destruction (i.e.. chemical A) and during that treatment produced and subsequently disposed of chemical B, the disposal of chemical B under EPA's revised interpretation would be considered otherwise used as well as the treatment for destruction of chemical A. Because the facility disposed of, or otherwise used, 11,000 pounds of chemical B, the 10,000 pound statutory threshold for otherwise use is met. Thus, the facility would need to report all releases of, and waste management activities involving chemical B. If the facility treats for destruction more than 10,000 Ibs of chemical A, it would also report for this toxic chemical. 37 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Activity Threshold, Otherwise Use Hazardous Waste, Waste Management Activities, Otherwise Use Otherwise Use, Treatment for Destruction 122. A covered facility manufactures 11,000 pounds of chemical A, a listed toxic chemical from the treatment of another toxic chemical which was received from off-site. The facility disposes of 6,000 pounds of chemical A and uses 5,000 pounds of chemical A in a non-incorporative, manufacturing activity at the facility. Does this facility meet an activity threshold? Prior to January 1, 1998, this facility would not meet the manufacturing threshold of 25,000 pounds for chemical A nor would it have met the otherwise use threshold of 10,000 pounds because it only otherwise used 5,000 pounds. However, after January 1, 1998, the facility would meet the otherwise using threshold for chemical A. Both the on-site disposal and the non-incorporative activities are considered to be otherwise use activities. The on-site disposal of chemical A is included among the various activities covered by EPA's revised interpretation of otherwise use. The facility would add the amounts of chemical A involved in both otherwise use activities at the facility to determine whether they exceed the 10,000 pound otherwise use threshold. Since the total amount of chemical A that is otherwise used is 11,000 pounds, the facility would need to report on all releases and other waste management activities involving chemical A. 123. Is the transfer of hazardous waste containing a Section 313 toxic chemical from one container or tank considered waste management for the purposes of the definition of otherwise usel No. On-site container and on-site tank transfers do not constitute a waste management activity as described in the preamble to the May 1, 1997 final rule (62 FR 23834). Such transfer activities are not considered manufacturing, processing, or otherwise using activities in themselves. However, if the facility elsewhere exceeds a threshold because of other activities, any releases and other waste management associated with the transfer operations must be reported appropriately in Sections 5 and 8 of the Form R. 124. A covered facility has a commercial wastewater treatment operation and receives wastewater containing toxic chemicals from off-site. During treatment, most of the toxic chemicals are destroyed on-site. The remainder is sent off-site for incineration. Should the facility count the entire amount of the toxic chemical received from off-site towards its otherwise use threshold? No. The facility should count only the amount of the toxic chemical that is treated for destruction on-site. The amount of the toxic chemical sent off-site for incineration would not be applied towards the facility's threshold determination. However, if the facility exceeds a threshold for that chemical, it must report the amount treated for destruction on-site in Part JT, Section 8.6, and the amount sent off-site for incineration in Part JT, Sections 6.2 and 8.7. 38 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Otherwise Use Activity Threshold, Otherwise Use, Neutralization Process vs. Otherwise Use, Activity Threshold, Wastewater Treatment Otherwise Use, Landfill Leachate 125. A. facility receives waste containing a toxic chemical from off-site, and disposes of the waste on-site. Should the facility count the toxic chemicals in the waste towards the otherwise use threshold upon receipt of the waste shipment (e.g., signing the hazardous waste manifest), or upon actual disposal? The facility must count the amount of the toxic chemical towards its otherwise use threshold upon actual disposal of the waste. Toxic chemicals are applied toward the otherwise use threshold upon the performance of that activity. The facility does not otherwise use the toxic chemical in the waste received from off-site until the facility disposes of the waste on site. 126. A covered facility adds a listed acid to wastewater to neutralize the wastewater prior to discharge. Is this activity manufacturing, processing, or otherwise using the toxic chemical"! Because the listed acid is not incorporated into the final product and distributed in commerce, nor is it created at the facility, the toxic chemical is otherwise used with a threshold of 10,000 pounds. 127. Would a chemical used only for wastewater treatment be considered processed or otherwise used for determining the threshold level? Because its function (to treat wastewater) is such that it is not intended to be incorporated into a product distributed in commerce, the toxic chemical would be otherwise used. 128. A. facility captures leachate from a landfill, treats the leachate with a toxic chemical and then uses the treated leachate as on-site irrigation water. Assuming the facility exceeds the otherwise use threshold for the toxic chemical, is the otherwise use of treated leachate (containing the toxic chemical) as irrigation water reported as a release to land in Part II, Section 5.5.4 (Other Disposal)? Yes. Use of a leachate and chemicals contained in the leachate for irrigation purposes is considered an otherwise use and amounts of listed toxic chemicals contained in the leachate must be counted toward the otherwise use threshold. Any listed toxic chemicals manufactured during the treatment of the leachate would also need to be considered toward the manufacturing threshold. The leachate, and listed toxic chemicals contained in the leachate, are also considered a waste and any otherwise use of listed toxic chemicals contained in the leachate are not eligible for the de minimis exemption. This is the case even though the listed toxic chemical in the leachate must be counted toward the otherwise use threshold. Also, the otherwise use of these chemicals for irrigation constitutes a release to land and would be reportable in Part n, Section 5.5.4 (Other Disposal) and Section 8.1. 39 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Otherwise Use, Treatment for Destruction, Phase Separation Facility- Facility Reporting, Multi- Establishment, Stormwater, Wastewater, Otherwise Use 129. If a toxic chemical is derived from the phase separation of wastes received from off site and that chemical is subsequently incorporated into a product at the facility and then distributed into commerce, has the toxic chemical been processed or otherwise used"! If a facility receives materials containing toxic chemicals from off-site for further waste management and the toxic chemicals are treated for destruction, stabilized, or disposed on-site, the facility would be otherwise using the toxic chemical. However, during phase separation the toxic chemical in the waste is not actually destroyed. Furthermore, the toxic chemical is incorporated into a product at the facility and is further distributed in commerce (e.g., retorted mercury sold for reuse in thermometers and mercury switches). Thus, as long as the toxic chemical coming from the waste is not stabilized, treated for destruction, or disposed, it would not be otherwise used because it is neither treated for destruction nor disposed on site. Because it is distributed in commerce, it would be processed and therefore subject to the 25,000 pound threshold. Once a facility exceeds a threshold for a particular toxic chemical, amounts of that chemical that are released or otherwise managed as a waste must be calculated for all on-site activities. 130. Three separately owned companies are located within a single industrial park. These companies are separate facilities under EPCRA Section 313. Facility A discharges wastewater through a pipeline to an outfall on Facility B's property. Facility B runs the discharge permit for another outfall through which stormwater from Facility C passes. Both the wastewater and stormwater contain several toxic chemicals, which pass through the outfalls untreated (within permitted levels) to a nearby waterway. Facility A and Facility C exceed activity thresholds for these toxic chemicals in their manufacturing processes. Facility B does not use the chemicals in any manufacturing operations on-site. However, more than 10,000 pounds of each toxic chemical contained in the wastewater and stormwater annually flow through Facility B's piping and outfalls. Must Facility A and C report the discharges as off-site transfers in Part II Section 6.2 of the Form R, or in Section 5.3, as a discharge to a stream as well as a release in Section 8.1? Must Facility B consider these toxic chemicals towards the otherwise use threshold even though the toxic chemicals are not treated for destruction, stabilized or disposed on-site? In this situation, Facility A and Facility C would report the toxic chemicals transferred to Facility B, as an off-site transfer in Part II, Section 6.2 using treatment code M90, other off-site management and in Section 8.1 as released. Facility B would not consider these toxic chemicals towards their otherwise use threshold because Facility B does not receive toxic chemicals in waste from off-site for disposal on-site under EPCRA Section 313. If, however, Facility B meets an activity threshold for these chemicals elsewhere 40 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Otherwise Use, Definition of, Treatment for Destruction, Waste Management Activities Otherwise Use, Threshold Determina- tion, Fumigants Coincidental Manufacture, Activity Threshold, Process, Ammonia, Waste at the facility, it would report the release of the chemicals in the wastewater received from Facility A and the stormwater from Facility C in Part n, Section 5.3 and 8.1 of the Form R. 131. A covered facility receives an organic waste stream from off-site for the purposes of further waste management. The facility treats the organic toxic chemicals for destruction. This waste contains a small fraction of Section 313 metal compounds. The metal fraction of this waste is either stabilized and disposed on-site or sent off-site for disposal without stabilization. Should these Section 313 metals be considered towards the facility's otherwise use threshold? The chemicals in the organic fraction of the waste received from off-site that undergo treatment for destruction are counted towards the otherwise use threshold. Additionally, the metals that are stabilized and disposed on site are counted towards the otherwise use threshold. Any of the toxic chemicals in wastes received from off-site that are not treated for destruction, stabilized or disposed of on-site do not meet the definition of otherwise use and are not counted towards this threshold. Therefore, the metals fraction of the waste stream that is sent off-site for disposal is not counted towards this threshold. If, however, a threshold is exceeded for these metals elsewhere in the facility., the transfer off-site for further waste management of the parent metal should be reported in Part n, section 6.2 and 8 of the Form R. Additionally, the possibility exists for new chemicals to be created during on-site treatment, disposal, or stabilization. If a new section 313 chemical is created, it must be considered towards the facility's manufacturing threshold. 132. Must releases of listed toxic chemicals used as fumigants be reported if the other criteria and thresholds are met? Yes. Fumigant use would be subject to the 10,000 pound otherwise use threshold. 133. A covered facility renders byproduct animal parts and blood into protein for use as animal feed. The byproduct animal parts and blood may contain nitrogen compounds, which when they decompose generate ammonia. The ammonia is therefore incorporated into the protein product that is distributed in commerce. Is the ammonia subject to Section 313 reporting? Yes. The ammonia is being coincidentally manufactured as a result of the decomposition of the byproduct animal parts. The ammonia is also being processed since it is incorporated into the end-product. Therefore, the ammonia in the byproducts is subject to both the manufacturing and processing thresholds under EPCRA Section 313. 41 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Relabel, Threshold Determination Repackaging, Container Size Lab Packs, Processing, Repackaging 134. Our facility domestically purchases a mixture containing toxic chemicals. We store it and then sell it to our customers without even opening the boxes. Must we report on these toxic chemicals'! No. Covered facilities must only report on those toxic chemicals that they manufacture, process, or otherwise use in excess of the applicable activity thresholds. Because relabeling or redistributing the toxic chemical where no repackaging of the toxic chemical occurs is not manufacturing, processing or otherwise using the toxic chemical (40 CFR Section 373.3), the facility is not conducting a reportable activity. Therefore, it does not need to apply these toxic chemicals to the reporting thresholds. 135. Does it matter for purposes of determining the processing threshold if amounts that are received in smaller containers are removed from the smaller containers and repackaged into a larger container prior to their distribution in commerce? No. The act of transferring any amount from one unit container to another prior to distributing the material in commerce constitutes the act of processing. The size of the container does not matter. 136. Lab packs and hazardous waste in general tend to move progressively from smaller containers to larger containers. Is this repackaging activity covered by the processing threshold? Repackaging toxic chemicals in hazardous waste may be covered by the processing threshold. For an activity to be considered processing under EPCRA Section 313, the toxic chemical must be prepared for distribution in commerce. If the listed toxic chemical is not removed or taken from the smallest unit, but is simply placed in a larger container while the contents remain in the smaller container, then the listed toxic chemical is not considered to be repackaged. If the listed toxic chemical is taken out of the smallest unit container and is transferred to another container, it is considered repackaged. However, if, after the toxic chemical has been repackaged, it is not distributed in commerce (e.g.. instead of being distributed in commerce, it is sent off-site for disposal or treatment) the activity is not a covered processing activity under EPCRA Section 313. It would only be considered processed if the toxic chemicals in the lab packs, after being repackaged, are sent off-site for recycling or for further use or reuse. 42 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Threshold Determina- tion, Metal Compounds, Metals, Chemical Conversion, Copper, Electroplating 137. In an electroplating operation, a facility uses an elemental copper anode and an electrolyte solution containing a copper compound. During the electrolytic process, elemental copper is deposited at the cathode (the item being plated). As elemental copper is plated out at the cathode, copper goes into solution at the anode forming a copper compound. For purposes of EPCRA Section 313, how would the facility make threshold determinations for copper and copper compounds? The electroplating of copper is a two step process in which the elemental copper from the anode is converted into a copper compound in solution and the copper compound in solution is converted to elemental copper. A constant concentration of copper compounds is thus maintained in the electrolytic solution surrounding the electrodes. In such an electrolytic cell, four separate thresholds are applicable for purposes of EPCRA Section 313: a. The amount of copper anode consumed counts towards a processing threshold for elemental copper (since its purpose is to provide copper to the cathode, via the bath). b. The amount of copper compound generated in the electrolytic solution (as a result of oxidation of elemental copper at the anode) would count towards a manufacturing threshold for copper compounds. c. The amount of copper compound converted to elemental copper in the electrolytic solution counts toward a processing threshold for copper compounds (since it is available for reduction at the cathode). d. Finally, the amount of copper deposited at the cathode would count towards a manufacturing threshold for elemental copper (since elemental copper is being produced from a copper compound). For example, & facility uses up 15,000 pounds of copper anode per year (the anode is composed of elemental copper). The elemental copper is processed by manufacturing 37,000 pounds of copper sulfate (copper sulfate (CuSO4) is 40 percent copper by weight and, in this example, is the form in which copper exists in the electroplating bath). The copper sulfate is then processed by manufacturing 15,000 pounds of elemental copper. The following thresholds apply: Elemental Copper Copper Compounds Manufacture 15,000 Ibs 37,000 Ibs Process 15,000 Ibs 37,000 Ibs (CuSO4) The facility would file a Form R for "Copper Compounds" because it exceeds the manufacturing and processing thresholds for a copper compound. 43 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Activity Threshold, Process, Otherwise Use, Metal Compounds, Electroplating Multiple Activity Threshold, Manufactur- ing Multiple Activity Thresholds 138. A covered electroplating/aci/iYy uses copper cyanide as its source of copper in plating baths in their electroplating operation. Are they manufacturing, processing, or otherwise using this compound? How do they determine whether they meet the activity threshold and how are releases and other waste management activities reported for this chemical? In this process the copper cyanide is both manufactured and processed. The copper cyanide is created in the plating solution, and the amount created should be counted towards the 25,000 pound manufacturing threshold. The copper cyanide is also being processed since the copper from the copper cyanide is plated onto an object that is to be distributed in commerce. Thus, the copper cyanide used in this process should be counted towards the processing threshold for both copper and cyanide compounds. The copper cyanide is both a copper compound and a cyanide compound and is reportable under both the copper compounds category and the cyanide compounds category. The total weight of the copper cyanide is to be counted towards the thresholds for both categories. However, for reporting releases and other waste management activities, the total weight of the copper cyanide is to be reported under the cyanide compounds category, but only the weight of the copper is to be reported under the copper compounds category. 139. At a mining/act/iYy, sulfuric acid aerosol is sprayed onto a copper ore pile to leach copper sulfate for further processing. How should the facility make threshold determinations for sulfuric acid? Sulfuric acid is reportable only in aerosol form. Therefore, the facility manufactures sulfuric acid (acid aerosol) each time the acid passes through the spray mechanism. In this particular example, the acid converts to copper sulfate, which is subsequently reacted to generate sulfuric acid and is applied to the ore pile. Because the facility generates another listed toxic chemical (copper sulfate), the facility must count the amount of sulfuric acid (acid aerosol) manufactured each time it passes through the spray mechanism, and apply this amount to the manufacturing threshold of 25,000 pounds for sulfuric acid (acid aerosol), in addition to considering amounts of copper sulfate that are also manufactured. Because all the sulfuric acid (acid aerosol) manufacturedis subsequently otherwise used, the facility must apply this same amount towards the otherwise use threshold of 10,000 pounds. Facilities are also directed to refer to the Guidance for Reporting Sulfuric Acid (EPA-745-R-97-007; November 1997) for further assistance. 140. At a covered mining facility, hydrochloric acid aerosol is sprayed onto an ore pile to leach minerals for further processing. According to Guidance for Reporting Sulfuric Acid, the total volume of acid should be 44 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Multiple Activity Thresholds, Cyanide Compound, Gold Leaching Operations Multiple Activity Thresholds, Mining Disposal, Injection, Leaching System, Sulfuric Acid counted towards the manufacturing threshold of 25,000 pounds. Should this quantity also count towards the otherwise use threshold? Yes, because the facility is otherwise using the hydrochloric acid (acid aerosol) as a leaching agent to enable minerals leached to then be processed. 141. A covered metal mine uses cyanide compounds in a gold leaching operation to extract gold from ore. The cyanide compound reacts with gold to form gold cyanide. The gold cyanide is then reacted to generate gold metal and sodium cyanide. The sodium cyanide is used to leach more gold from the ore pile. How should the covered metal mine consider these cyanide compounds for EPCRA Section 313 threshold purposes? In the gold leaching operation, the covered mine is otherwise using, processing, and manufacturing cyanide compounds. The cyanide compounds that react with the gold in the ore (e.g.. sodium cyanide) are otherwise used. The gold cyanide manufactured in this reaction are considered towards the facility's manufacturing threshold for cyanide compounds. The gold cyanide compound is also processed as a reactant because the gold from the compound is distributed in commerce. 142. Sulfuric acid is injected into a Class II well for the purpose of in- situ leaching, not for the purpose of waste disposal. The in-situ leaching is a recirculating system and as sulfuric acid is injected into the well, low concentrations of metals are solubilized, brought to the surface, and the metals are subsequently separated from the sulfuric acid solution and distributed in commerce. Some of the metal compounds that are solubilized remain with the sulfuric acid solution and are reinjected into the in-situ recirculating leaching system. Would the amount of metal injected back into the Class II well be reported in Part II, Section 5.4 if an activity threshold is exceeded? There are several activities that are taking place in the above scenario that the facility needs to consider in terms of EPCRA Section 313 reporting. The injection of sulfuric acid solution to extract certain metals is likely to result in the formation or manufacturing of listed toxic chemicals such as metal sulfate compounds. The amounts of listed toxic chemicals manufactured must be considered toward the facility's manufacturing threshold. The metal compounds are also being recovered for subsequent distribution in commerce, and these amounts must be considered toward the processing threshold. Metal compounds that are being reinjected are being released, but for purposes of EPCRA Section 313 reporting, amounts of listed toxic chemicals reinjected and recirculated are not reportable as released provided that these amounts continue to be circulated. Any amounts known to escape the "recirculating/leaching system" and remain in the leaching zone or otherwise escape within the reporting year would be considered a release. 45 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Multiple Activity Thresholds Activity Threshold, Blending Activity Threshold, Process, Otherwise Use, Adhesive, Process vs. Otherwise Use 143. A. facility manufactures an aluminum dust that is captured in a bag house, the dust is put into a smelter, and then put back into the process where it is recast into ingots, and sold. How is the dust considered for purposes of determining thresholds and estimating releases and waste management activities? The facility must count the amount of aluminum dust that is manufactured toward the manufacturing threshold. The amount of aluminum dust that is collected and recast into ingots and sold is incorporated into a product that is distributed in commerce. These amounts are considered to be processed and must be counted toward that processing threshold. The aluminum dust that is captured from the pollution control device and put back into the process is reported in Part II, Section 8.6 (Quantity Treated On-Site) because the aluminum dust is converted to a non-listed form of the chemical. 144. A TSD facility receives naphthalene from off site. The naphthalene is reacted with sodium to produce sodium naphthalene. The sodium naphthalene is reacted with PCB-contaminated oil to remove the PCB contaminants. The resulting oil, now containing naphthalene, is sent off site for further distribution in commerce. Is the naphthalene considered to be manufactured, processed, and/or otherwise used"! Yes. The naphthalene has been manufactured, processed and otherwise used by the TSD facility. When the TSD facility reacted the naphthalene with the sodium to produce a compound capable of removing the PCB contaminants, the facility otherwise used the naphthalene. The reaction of the sodium naphthalene with the PCB-contaminated oil manufactured naphthalene as a component of the oil. Finally, the distribution of the naphthalene in the oil in commerce constitutes processing. Accordingly, the facility would have to consider all three activity thresholds; manufacturing, processing, and otherwise use. 145. A. facility covered under EPCRA Section 313 manufactures shoes. During production the facility uses adhesives that contain solvents such as toluene. Due to the inefficiency of the process, 20 percent of the solvent remains behind in the shoes when they are sold in commerce. Would the facility count the amount of solvent remaining in the shoes toward the 25,000 pound processing threshold? No. The amount of solvent used in the adhesive would count toward the 10,000 pound otherwise use threshold. Since the toxic chemical does not function as a component of the shoe, it would not be considered processed. Thus, the facility would file a Form R if it meets a 10,000 pound otherwise use threshold for the toluene in the adhesive. 46 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Process vs. Otherwise Use, Purpose Behind Incorporation, Flotation Agent, Process, Otherwise Use Activity Threshold, Process, Impurity, Process vs. Otherwise Use Process, Solvents Process, Impurity 146. A covered coal mine uses a flotation agent containing listed toxic chemicals to clean coal. Some of the flotation agent remains on the coal, which is then distributed into commerce. The facility chooses the flotation agent for the purpose of cleaning the coal and not to add value to the coal product. Has the facility processed the amount of the listed toxic chemical that adheres to the coal from the flotation agent? No. In this example the facility is otherwise using the listed toxic chemicals that are components of the flotation agent. Amounts of listed toxic chemicals contained in the flotation agent must be considered toward the facility's otherwise use threshold. The facility is using these listed toxic chemicals for the purpose of cleaning the coal and not for the purpose of adding value to the coal product. 147. A raw material contains a listed toxic chemical as an impurity. The raw material is processed at the facility, and the facility does not have any devices to remove the impurity, which is incorporated into the final product. However, the intent is not to have an impurity in a final product. Is this facility processing or otherwise using the chemical? For Section 313 reporting purposes, as long as the toxic chemical impurity is in the raw material being received at the facility., and there is no system at the facility to remove the impurity, the facility is processing the toxic chemical. 148. A. facility feeds 50,000 pounds of solvent containing 50 percent MIBK and 50 percent glycol ether into a recycling process. The facility's intent is to recover as much of the organics as possible and distribute the organics into commerce. The facility is primarily concerned with the recovery of MIBK. The product specification of the resulting solvent requires a specific concentration range for MIBK, but the amount of glycol ether in the final product does not matter. How does the facility consider amounts of glycol ether? Given that the facility knows that glycol ether is recovered with the desirable MIBK, the facility should count all amounts of glycol ether that enter the recovery system toward the facility's processing threshold. 149. Are trace metals in ore that remain in the product and are in the same form as extracted considered processed? What if the trace metals that were extracted do not remain in the product? Amounts of listed toxic chemicals that remain with the product (metal concentrate) that are distributed in commerce are considered processed and these amounts must be factored into the facility's processing threshold. Amounts of listed toxic chemicals in mixtures and trade name products that are processed are eligible for the de minimis exemption. Any trace metal or 47 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Coal Mine, Ethylene Glycol, Process vs. Otherwise Use Activity Threshold, Coincidental Manufacture Activity Threshold, Coincidental Manufacture, Wastewater Treatment Activity Threshold, Coincidental Manufacture, Adhesive, Neutralization other listed toxic chemical that is completely removed from the facility's product prior to distribution and disposed, would not count toward the facility's processing threshold, but would need to be considered in release and other waste management calculations if the facility has exceeded thresholds for the listed toxic chemical elsewhere. 150. A covered coal mine applies ethylene glycol to coal to prevent freezing during on-site activities. The ethylene glycol remains on the coal that is sold. However, the purchaser does not request ethylene glycol, and the ethylene glycol does not add any value to the coal. Is the ethylene glycol processed or otherwise used"! The ethylene glycol is otherwise used. The facility is using the ethylene glycol solely for the purpose of preventing the coal from freezing at the facility. However, if the facility adds the ethylene glycol to the coal to protect it from freezing during transfer, the facility has intentionally incorporated the toxic chemical into its product for distribution in commerce and, therefore, is processing the toxic chemical. 151. Do toxic chemicals produced coincidentally to manufacturing, processing, or otherwise using have to be reported? Toxic chemicals manufactured coincidentally are included in determining the quantity of the toxic chemical manufactured. In the case of coincidental manufacture of an impurity that remains in the product, below the de minimis level, for distribution in commerce the de minimis exemption may apply (40 CFR Section 372.38(a)). If, however, the impurity is removed from the final product prior to distribution in commerce, the exemption does not apply. 152. How can wastewater treatment products be considered as manufactured from a treatment process? The definition of manufacture includes the coincidental generation of a listed toxic chemical as a consequence of the facility's waste treatment or disposal activities. These toxic chemicals may not be produced for commercial purposes. They are, nevertheless, created as a result of the facility's activities and they must be included in activity threshold determination and their release or other waste management must be considered. 153. A covered facility uses a caustic product in the manufacturing of an adhesive. A listed acid is added to neutralize the solution to form another listed Section 313 toxic chemical. Is this a covered activity? Yes. The facility is coincidentally manufacturing the listed toxic chemical. 48 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Coincidental Manufacture, Metal Compounds Activity Threshold, Process Otherwise Use, Manufactur- ing Aid, Processing Aid Manufacture, Chemical Qualifier, Fume or Dust, Coincidental Manufacture, Mold, Fumigants, Aluminum 154. Do covered facilities need to consider the inadvertent conversion of one metal compound to another as manufacturing! For example, a pulp and paper mill inadvertently converts metal carbonates and oxides in wood to metal sulfides during pulping. Is this a covered manufacturing activity? Yes. Manufacturing is not limited to intentional manufacturing; it also includes coincidental manufacture or, inadvertent manufacture. In general, anytime one metal compound has been converted to another metal compound, the facility must count the new metal compound towards the manufacturing threshold. The fact that the parent metal is the same in both compounds does not negate the fact that a new metal compound has been manufactured. 155. A facility draws steel rods into a smaller diameter and then distributes the rods in commerce. Is this manufacture, process, or otherwise use? This activity is considered processing because the toxic chemical remains incorporated in the final product distributed in commerce. 156. What is the difference between a manufacturing aid and processing aid? A chemical processing aid is added directly to the reaction mixture or is present in a mixture used to aid in processing and its function is such that it does not remain in the product. Examples include catalysts, solvents, and buffers. A manufacturing aid helps to run the equipment and is never incorporated into the product. Examples include lubricants, coolants, and refrigerants. Since, in either case (manufacturing aid or processing aid), incorporation of the toxic chemical into the final product is not required for the chemical to perform its function, toxic chemicals that are used as manufacturing aids or as processing aids are considered otherwise used under EPCRA Section 313. 157. A covered facility has purchased in excess of 100,000 pounds of aluminum material in block form to make a mold which stays on-site. When making the mold, fumes and dust are byproducts. Do we report these as the toxic chemical! Aluminum appears on the list of toxic chemicals as "aluminum (fume or dust)." You must determine if you manufacture, process, or otherwise use aluminum fume or dust. In this case you do not process or otherwise use the fume or dust, but you do manufacture aluminum fume or dust coincidentally as a byproduct of making molds. Therefore, you must report for aluminum (fume or dust) if you exceed the 25,000 pound manufacture threshold for the reporting year. 49 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Fume or Dust, Activity Threshold, Process Fume or Dust, Process, Activity Threshold, Ingots Activity Threshold, Lead Deposits Fume or Dust, Mixture, Process, Threshold Determination 158. A covered facility manufactures a part from stainless steel bar which it then distributed in commerce. The annual quantity purchased is 500,000 pounds which is 18 percent chromium and 8 percent nickel. Does the facility have to report under Section 313 for either chromium or nickel? The facility must report for the chromium because its quantity (90,000 pounds) is above the processing threshold of 25,000 pounds. The facility would also have to report for nickel because its quantity (40,000 pounds) is also above the processing threshold. 159. \facility melts aluminum ingots, reshapes them, and injects them into die to form parts which it then distributes in commerce. Does the 25,000 pound processing threshold apply to the amount of molten aluminum processed"! For the reporting year, the 25,000 pound threshold applies to the amount of aluminum fume or dust generated at the facility, not the aluminum in molten (liquid) or solid form. Therefore, the facility must determine whether they manufacture or process more than 25,000 pounds of aluminum fume or dust during their processing operation. 160. A remanufacturer of auto engines cleans the engine parts and thereby produces a lead-containing waste (from gasoline lead deposits) which it sends off-site for disposal. Does the facility manufacture, process, or otherwise use lead compounds? None of the EPCRA Section 313 activities apply. Neither lead nor lead compounds are manufactured. Lead is not incorporated into products for distribution in commerce nor is it a manufacturing aid or a processing aid as those terms are defined. Lead in the waste would not be included for a threshold determination. The facility does not manufacture, process, or otherwise use lead compounds. 161. Are chromium and nickel as components of stainless steel exempt from reporting if the facility is processing the stainless steel? No. Stainless steel is a solid/solid mixture. Chromium and nickel are components of stainless steel. If the facility is incorporating the stainless steel into a product it intends to distribute in commerce, the company is processing the stainless steel as defined in Section 313. For example, if the facility makes porous metal filters from stainless steel powder or fabricates pressurized vessels, bars, or ingots of stainless steel, threshold determinations for the nickel and chromium components of the steel are required. The facility must report if the amounts processed exceed the reporting thresholds. 50 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Activity Threshold, Chromium, Refractory Brick, Metal Compounds Activity Threshold, Process, Repackage Repackaging via Pipeline 162. A glass manufacturer uses a brick in its refractory kiln that contains chromium (III) compounds. During the manufacturing process, the chromium reacts to generate chromium (VI) compounds. The chromium compounds, while being used in the kiln, become part of the glass being manufactured. All the brick in the kiln is replaced every four to five years. What activity thresholds apply to chromium in this situation? The brick, and thus the chromium (HI) compounds in the brick, are being otherwise used based on the quantity of the bricks installed within a reporting year. The chromium compounds in the bricks are also considered processed, because the chromium compounds in the brick are incorporated as an impurity into the final product (the glass) which is distributed in commerce. However, for this processing step, the de minimis exemption may be taken. The chromium (VI) compounds generated from the chromium (HI) compounds are considered manufactured. Thus, threshold calculations should be made for all three EPCRA Section 313 activity thresholds. The thresholds would be calculated based on the total weight of the chromium compounds being manufactured, processed, or otherwise used. However, only the weight of the chromium in the chromium compounds are used in release and other waste management calculations. Any releases that go up the stack or are sent off-site for waste management must be included. When the brick is replaced and disposed of, the amount of chromium that remains in the brick would also need to be included in release and other waste management calculations. 163. A multi-establishment facility, with a primary SIC code of 2911 operates a petroleum bulk plant, with SIC code 5171. The bulk plant receives gasoline from tanker trucks and stores the gasoline in storage tanks on-site. The facility also loads other tanker trucks with gasoline that distribute the gasoline to service stations. Are the listed toxic chemicals in the gasoline processed, otherwise used, or neither? Since the facility repackages the gasoline by transferring it between trucks and bulk storage containers for further distribution into commerce, the facility is processing the listed toxic chemicals in the gasoline. 164. A petroleum bulk plant 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 another petroleum bulk plant within the same company but located on non-contiguous and non- adjacent property, which distributes the petroleum into commerce (i.e., their customers). Did the first plant repackage and therefore process the petroleum? Yes. The petroleum received via pipeline, stored and subsequently transferred to another facility has been repackaged and the listed toxic 51 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Activity Threshold, Otherwise Use, Solvents Activity Threshold, Otherwise Use Process Activity Threshold, Process, Otherwise Use Activity Threshold, Process, Repackage Repackaging, Processing chemicals have been distributed in commerce. Amounts of listed toxic chemicals contained in the amount repackaged must be considered toward the processing threshold. 165. If a solvent that is a listed toxic chemical is used to clean an apparatus but does not become part of the final product, is the chemical covered for reporting purposes under EPCRA Section 313? If a solvent is not incorporated into a product distributed in commerce, then for the purposes of Section 313, it would be considered otherwise used. It would be subject to reporting if used in quantities exceeding 10,000 pounds per year. 166. A covered facility uses paint thinners in its operations. The thinners are evaporated or baked out of the finished painted products. Are those chemicals subject to Section 313 regulations? If the chemical evaporates or is baked out of a finished coating, it has been otherwise used and is subject to the 10,000 pound threshold. 167. Is soldering light bulbs with lead solder considered processing of the solder? Yes, it incorporates the solder into a product for distribution in commerce. 168. A covered facility uses methanol in its gas-carburizing heat treatment of steel. The main purpose of methanol in the facility's operations is to provide the source of carbon that is deposited on the steel. Is this processing or otherwise use of the methanol? The methanol is being processed, not otherwise used, because the methanol is the source of the carbon for the carburization activity. The methanol is being reacted, and the carbon from it is being incorporated into the steel. 169. Does the placing of a bulk liquid containing a small percentage of a Section 313 toxic chemical into small bottles for consumer sale constitute a reportable/threshold activity of the mixture! Yes, repackaging for distribution in commerce is a type of processing (40 CFR Section 372.3). If the bulk liquid contains a Section 313 listed toxic chemical in excess of the de minimis level, the toxic chemical in the liquid would have to be factored into calculations in determining whether the processing threshold is exceeded for that toxic chemical. 170. A covered facility receives a chemical in bulk and repackages it into smaller containers that are sent to consumers. Are amounts repackaged considered toward an activity threshold? 52 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Repackaging Repackage, Recycle Activity Threshold, Process, Otherwise Use, Paint Amounts of the toxic chemical that a covered facility repackages for distribution in commerce must be considered toward the processing threshold amount of 25,000 pounds per listed toxic chemical. 171. A covered facility receives a chemical in bulk, repackages the chemical into reusable containers that are sent to customers, who then return the containers to be refilled. How does the facility consider residual amounts of the product returned to the facility in used containers, which are then subsequently refilled and redistributed in commerce? When the facility originally places the toxic chemical into the reusable containers, the facility is processing toxic chemicals. Because the residual amounts that are returned to the facility in the reusable containers are not transferred to other containers or packages, the residual amounts have not been repackaged. Therefore, the listed chemicals in the residual amounts do not have to be considered toward the facility's processing threshold again. 172. After an EPCRA Section 313 toxic chemical is spent, a covered facility removes waste containing the toxic chemical from the production process and places it into drums. The facility sends these drums containing 30,000 pounds of the toxic chemical off-site to be recycled. The facility exceeds the 25,000 pound processing threshold for this toxic chemical and is required to file a Form R for the listed toxic chemical. What is the appropriate box to check in Part I, Section 3.2 of the Form R? All activities involving the preparation of a listed toxic chemical, after its manufacture, for distribution in commerce are to be included in the processing threshold determination for that chemical. The act of repackaging an EPCRA Section 313 toxic chemical and then transferring it off-site for recycling is considered processing. As such, facilities sending toxic chemicals in wastes off-site for recycling should check "repackaging" in Part I, Section 3.2 of the Form R. 173. Paint containing listed toxic chemicals is applied to a product and becomes part of an article. Does the 25,000 pound processing threshold apply? What about the volatile toxic chemicals from the painting operation - are they otherwise used, and thus subject to the 10,000 pound threshold? Yes. This is a case in which different listed toxic chemicals in the same mixture may have different uses and therefore, different thresholds. The listed toxic chemicals that are incorporated as part of the coating are processed, whereas the volatile solvents in the paint are otherwise used because their function is such that they do not become incorporated into the article. 53 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Activity Threshold, Otherwise Use Threshold Determina- tion, Release to Land, Treatment, Release Reporting, Fertilizer Fertilizer, Land Treatment/ Application Farming 174. A printing company uses a listed toxic chemical to manufacture labels. The chemical is mixed with ink and then applied to the labels. The chemical slows down the ink's evaporation rate. During the drying process, the chemical is evaporated and the final product contains no trace of the toxic chemical. Does the use of the chemical in this manner constitute processing because it is used as a "performance enhancer?" No. The toxic chemical is considered otherwise used because the listed toxic chemical is not incorporated into the final product when it is distributed in commerce. A toxic chemical is considered a "performance enhancer" if the toxic chemical is incorporated into the end product and improves the performance of the end product distributed in commerce. 175. When completing the Form R, how would a facility report the releases of a listed toxic chemical that is used as a fertilizer? Does it matter if the fertilizer is a waste or a purchased product? Would the application on-site constitute a release to land on Part II, Section 5.5 of the Form R? Based on the information provided, the amount of the toxic chemical in the fertilizer applied to land on-site would be counted towards the otherwise use threshold unless it meets the facility grounds maintenance exemption. The toxic chemical in the fertilizer would be reported in Part n, Section 5.5 of the Form R as a release to land, regardless of whether it is a purchased product or a waste. 176. If a manufacturing/aci'/iYy that has a farming area applies a toxic chemical in waste generated on-site to land on-site, for use as a fertilizer, must the facility report the amount of the toxic chemical on the Form R? Should the facility also report any volatilization of the toxic chemical that occurs during land application, on the Form R? Yes. Chemicals applied to land during use for farming are released to the environment and are to be reported as such. In addition, the chemicals are being otherwise used. Whether or not the facility intends the use during farming to be a disposal method, the facility must report the quantity of the toxic chemical in waste released to land in Section 5.5.2 (Land Treatment/ Application Farming) of the Form R. The facility must report that portion of the toxic chemical that volatilizes from the land application unit during the same reporting year in Section 5.1 (Fugitive Air Releases) of the Form R. This quantity would not be included in the releases reported to land in Part II, Section 5.5.2. The sum of the amounts released to land and to air must be included in Section 8.1 of the Form R. 54 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Process, Repackage, Article Component Activity Threshold, Process, Chlorine Activity Threshold, Process, Otherwise Use, Methylenebis (Phenyliso- cyanate), Mold Activity Threshold, Process, Toll Processor, Pesticides 111. A car manufacturer has a central 25,000 gallon storage tank on-site. A pipe leads from the central storage tank to a fill station where the cars are filled with gas before being sent off-site to be sold. Is the processing of the toxic chemical components of the gasoline considered "repackaging only" or "as an article component" in Part II, Section 3.2(e) of the Form R? The toxic chemicals in the gasoline should be reported as processed as an "article component" because they are incorporated into the car which is an article. (See Section 3.2(c) of the Form R and Instructions.) 178. In an aluminum casting process, a facility bubbles chlorine gas through molten aluminum. The chlorine reacts with impurities in the aluminum and produces a byproduct called "dross," which is distributed in commerce. Small quantities of unreacted chlorine are emitted during this process. What is the applicable threshold for chlorine in this process? Because the chlorine reacts with impurities and becomes incorporated in the dross, which is distributed in commerce, the chlorine is considered processed. If the amount of chlorine processed, which includes both the chlorine incorporated in the dross and the unreacted chlorine, exceeds 25,000 pounds, a Form R must be filed and any releases or other waste management of chlorine must be reported. 179. A facility uses a listed toxic chemical methylenebis (phenylisocyanate) to create molds from which they produce metal castings. Normally these molds are kept by the manufacturer or are broken up for reuse. Has the toxic chemical been otherwise used or processed by the facility? The toxic chemical is otherwise used. The toxic chemical is not processed, because it does not become part of a product that is distributed in commerce. 180. An agri-chemical manufacturer produces a specialty pesticide for a farmer by blending chemicals which have been supplied by the farmer. It then applies the pesticide to the farmer's crops. Does the blending of the listed toxic chemicals received from the farmer for application to the farmer's crops constitute processing of the toxic chemicals'! Does the agri-chemical manufacturer, as a "toll processor," have to count the listed toxic chemicals towards the threshold determination? Yes, these activities constitute processing. The blending of the toxic chemicals and their subsequent transfer back to the farm for application to the farmer's fields constitutes processing. The origin of the processed material is irrelevant, and the return of the blended toxic chemicals for application on the 55 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Coincidental Manufacture, Ammonia Activity Threshold, Otherwise Use, Ammonia, Manufacture Activity Threshold, Process, Redistribute, Storage Activity Threshold, Process, Waste, Recycle farmer's fields can be considered products distributed in commerce. Therefore, the processing threshold would apply. "Toll-processing" is no different than any other processing. Assuming that the primary SIC code of the agri-chemical manufacturer is a covered SIC code (e.g.. 2875 and not 0711), and they meet the employee criterion, the agri-chemical manufacturer must make threshold determinations based on the amount of any listed toxic chemical it processes as well as any other manufacture or otherwise use activities that occur at its facility. 181. Are meat Tenderers who process animal waste byproducts (i.e., blood, feathers, bones, etc.) required to report the ammonia generated in the condensate water from the cooking of these byproducts? The ammonia generated from the rendering (cooking) process is considered to be coincidentally manufactured, and thus, must be reported under EPCRA Section 313 if ten percent of the amount of aqueous ammonia produced exceeds the 25,000 pound manufacturing threshold. 182. A food processor uses ammonia in its baking processes. In the first process, aqueous ammonia is reacted to form ammonium bicarbonate. The ammonium bicarbonate is added to the dough which is baked in an oven. When baked, the ammonium bicarbonate is dissociated in the dough and the heat drives off anhydrous ammonia. Is this considered manufacturing or otherwise using ammonia? The aqueous ammonia is reacted with another substance to form ammonium bicarbonate which is then used on-site. Therefore, the aqueous ammonia is considered to be otherwise used and is subject to the 10,000 pound otherwise use threshold. The anhydrous ammonia is being manufactured from the breakdown of the ammonium bicarbonate during the baking process which generates anhydrous ammonia, carbon dioxide, and water vapor. Thus, the amount of anhydrous ammonia generated during baking is counted towards the 25,000 pound manufacture threshold. 183. If a person is simply storing and redistributing a toxic chemical without repackaging it, is this activity considered processing of the toxic chemical for Section 313 purposes? No. The term process means the preparation of a listed toxic chemical, after its manufacture, for distribution in commerce. Because the toxic chemical is not repackaged but is merely redistributed, the facility is not processing the toxic chemical. 184. A barge repair facility (SIC code 3731 - ship building and repairing) cleans barges at its facility by vacuuming out residual toxic chemicals and selling the waste to a chemical recovery company to recycle. Must the facility report for the listed toxic chemicals in waste? Is it processing these chemicals under Section 313 56 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Coincidental Manufacture, Byproduct, Threshold Determina- tion, Concentration Information Activity Threshold, Process, Otherwise Use, MDI Activity Threshold, Otherwise Use, Methanol, Packing Medium Activity Threshold, Otherwise Use, Xylene Because the facility distributes the toxic chemicals in the waste into commerce, they are processing the toxic chemical. Releases from activities such as spills and equipment cleaning, must be reported if the facility exceeds the processing threshold. The quantity of the toxic chemical sent off for recycling should be reported in Part n, Sections 6.2 and 8.5. If the toxic chemicals in the waste were not distributed into commerce (e.g.. if the toxic chemicals were sent off-site for disposal), the facility would not be manufacturing, processing, or otherwise using the toxic chemical. 185. A listed toxic chemical is manufactured as part of a mixture which is a byproduct. The facility does not know the specific concentration of the listed toxic chemical in this byproduct. For determining the threshold for Section 313, does the facility include this byproduct without knowing the specific concentration of the listed toxic chemical'! Because the reporting^c/7/'(y is manufacturing the toxic chemical mixture on-site, the facility is required to calculate the amount of the toxic chemical coincidentally manufactured during the reporting year based upon a reasonable estimate of the percentage of the toxic chemical in the mixture. This quantity is aggregated to determine if the facility exceeds the 25,000 pound threshold for manufacturing. 186. A covered facility uses methylene bis(phenylisocyanate) (MDI) as an ingredient in the making of packing foam. When blown into foam, the MDI reacts to form a polymer. This foam is then packed with metal parts and shipped from the facility. Is the facility processing or otherwise using the MDI? The MDI would be subject to the processing threshold, since it is incorporated into a product that is further distributed in commerce. 187. \facility received material X packaged in 50-gallon drums. Material X is immersed in methanol which acts as a packaging/coolant medium for material X during transport. As soon as the facility receives its delivery, it removes material X from the methanol, recaps the drum, and sends it back to the supplier. Should the owner/operator consider the methanol for threshold determinations and release and other waste management calculations under EPCRA Section 313? Yes. The methanol, in this instance, is being otherwise used. The owner/ operator must consider the methanol used to cool material X in its threshold determinations and release and other waste management calculations 188. \facility uses xylene as a carrier to apply coatings to a product. The xylene is not incorporated into the product but it is necessary in order to manufacture it. Is the xylene processed or otherwise used? 57 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Activity Threshold, Otherwise Use, Ammonia Activity Threshold, Process, Ammonia, Chemical Conversion, Otherwise Use Chemical Qualifier, Fume or Dust, Ammonia Activity Threshold, Process, Fuel The xylene is otherwise used since it is not incorporated into the product, nor is it distributed into commerce. 189. An engineering company performs reduction processes. In a NOx reduction process ammonia is used. Ideally, all of the ammonia would be consumed but, realistically, some always escapes out the stack. The ammonia reductions were determined to effect a net reduction in emissions. Are the minor quantities that escape subject to Section 313 reporting? The ammonia used in the process would be otherwise used. If the otherwise use exceeds the 10,000 pound threshold, the facility would be required to report any releases or other waste management of ammonia. 190. Ammonia, an EPCRA Section 313 chemical, is used at a manufacturingyacj/jYy to adjust pH levels in cheese products. During this process, the ammonia is converted into a salt which remains with the final cheese product. The cheese is then distributed in commerce. Is this considered a covered activity under EPCRA Section 313, and, if so, how should it be reported on the Form R? Ammonia used in this manner is considered processed under EPCRA Section 313 and must be applied toward that threshold. The definition of process found at 40 CFR Section 372.3 affirms that a listed toxic chemical prepared for distribution in commerce is a reportable activity even if it is distributed in a different form or physical state from that in which it was originally received. All of the ammonia incorporated into the cheese is processed as a reactant and should be reported as such on the Form R. 191. A. facility uses aluminum in its manufacturing operations. These operations involve welding, diecasting, buffing, and grinding. Is the facility subject to Section 313 reporting for this use of aluminum? Because aluminum has a fume or dust qualifier, aluminum would be reportable under EPCRA Section 313 if a fume or dust were generated (i.e.. manufactured) during welding, diecasting, buffing, grinding, or other operations above 25,000 Ibs. If the aluminum is incorporated into a product in a fume or dust form, the processing threshold must also be considered. 192. A covered facility manufactures and repairs airplanes. Prior to beginning any repair work, any fuel remaining in the airplane's fuel tanks is emptied by service personnel at the facility. After the repairs are completed, the airplane is refueled with fuel removed from the airplane's fuel tanks and/or new fuel. Should the owner/operator of the manufacturing and repair facility consider the toxic chemicals present in the fuel when making Section 313 threshold and release and other waste management calculations? 58 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Otherwise Use, Threshold Determina- tion, Refractory Brick Activity Threshold, Process, Repackage Repackaging, Breaking the Seal Repackaging, Breaking the Seal Yes. For purposes of EPCRA Section 313 threshold determinations and release and other waste management calculations, the listed toxic chemicals present in the fuel are considered to be processed because they are being repackaged and further distributed in commerce. Thus, the listed toxic chemicals present in the fuel are subject to the 25,000 processing threshold. 193. Refractory brick containing 12,000 pounds of lead is installed in a reaction vessel. Is the lead in the brick considered otherwise used for purposes of EPCRA Section 313? Also, are releases of lead from the brick during the 1997 reporting year subject to release reporting on the Form R if no new bricks are added during the reporting year? The lead contained in the bricks is considered otherwise used since it is not incorporated into the final product. The facility would count the amount of lead in the bricks that are added to the reaction vessel only for the year in which the bricks are installed. In answer to the second question, if the 10,000 pound threshold is exceeded, then all releases and other waste management of lead would be reported from both the newly added bricks and those installed in previous years. Neither the lead contained in the refractory bricks in the inventory (i.e.. not yet installed), nor the lead in place, contained in bricks (i.e.. installed in a previous year) are to be included in threshold determinations for the reporting year in question. If no bricks are installed during the reporting year, and lead is not used elsewhere at the facility, then a report would not be required. 194. A covered facility receives a shipment of five-gallon cans of paint containing a listed toxic chemical. The facility breaks up the shipment into separate five-gallon cans and packages each can in a box with a paint brush for sale. Is the listed toxic chemical repackaged and thus processed for purposes of EPCRA Section 313? No. "Repackaging" refers to the act of removing a toxic chemical from one container and placing that toxic chemical into another container. Simply repackaging one container (that contains a toxic chemical) into another container does not constitute processing of that listed toxic chemical under EPCRA Section 313. The nesting of containers is not repackaging for EPCRA Section 313 purposes. 195. Does breaking the integrity of the package that contains the toxic chemical constitute repackaging? No. The listed toxic chemical must be transferred from one package to another in order for the listed toxic chemical to be considered repackaged. 196. A facility receives a waste from off-site, samples the waste, and then sends the remaining waste off-site to be recycled without changing the packaging. Has the facility processed the listed toxic chemical in the waste? 59 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Activity Threshold, Process, Reclamation, Solvents Process, Naturally Occurring Chemical, Nicotine Definition of Commerce, Distribution Restricted to One Facility No. Provided that the listed toxic chemical transferred to the off-site^?c/7/(y remains in the packaging in which it was received, it has not been repackaged. The facility has simply opened the original package for sampling and transferred the listed toxic chemical to another facility. Because no repackaging has occurred, no processing has taken place. 197. A reclamation/aci/iYy receives waste solvents containing an EPCRA Section 313 toxic chemical from a separate facility that generated the wastes (the generating/aci/iYy). The reclamation/aciViYy reclaims the listed toxic chemical and returns it, as a product, to the generating facility. For the purpose of EPCRA Section 313 threshold determinations, is the reclamation facility processing the listed toxic chemical? Yes. By reclaiming the listed toxic chemical and returning it to the generator, the reclamation facility has prepared the chemical for distribution in commerce by incorporating the chemical into a product (i.e.. the reclaimed toxic chemical). Therefore, the reclamation^7c/7/'(y is processing the toxic chemical in the waste solvent it receives. Assuming the reclamation facility is a covered facility, it is required to report under EPCRA Section 313 for the toxic chemical if it exceeds an activity threshold (e.g.. processing more than 25,000 pounds) during the course of a reporting year. 198. A cigarette manufacturer receives tobacco which naturally contains nicotine, an EPCRA Section 313 toxic chemical. The manufacturer does not add or alter the concentration of nicotine in the cigarettes when processing the tobacco. Is the nicotine considered to be processed even though it is naturally present in tobacco and not added to the finished product? Yes. There are no provisions under EPCRA Section 313 that exempt naturally occurring chemicals that are known to be a part of a facility's raw material. Although the facility does not manipulate the concentration of the toxic chemical in the raw material, the facility is processing the toxic chemical as defined in 40 CFR Section 372.3. Thus, the facility would need to file a Form R or Form A for nicotine if it is processed at the facility in amounts greater than or equal to the 25,000 pound activity threshold, assuming that the facility meets the other applicability criteria found in 40 CFR Section 372.22. 199. An electricity generating/aci7iYy produces power using coal and/or oil. All of the power generated at the facility is used to support one other facility within the same company that operates off-site from the electricity generating/aci7iYy. Is the electric power produced by the electricity generating/aci7iYy considered to be distributed in commerce for purposes of determining if the facility is covered by EPCRA Section 313? 60 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Process, Intracompany Transfer, Formalde- hyde, Economic Benefit Process, Intracompany Transfer, Economic Benefit Yes. The electricity generating facility is classified within the SIC codes of 4911, 4931, or 4939 and combusts coal and/or oil for purposes of generating power for distribution in commerce. Supplying electricity to afacility off-site is considered generating power for distribution in commerce. For purposes of EPCRA Section 313 reporting, it does not matter that the sole user of the electricity produced by the electricity generating facility is part of the same company. 200. A. facility covered under EPCRA Section 313 uses formaldehyde as an ingredient in feedstock. The feedstock is sent for use to another facility under common ownership. The preparing facility does not receive direct compensation for the product, nor is the product distributed to the general public. Does such a transfer of a listed toxic chemical, after its preparation, to another facility under common ownership constitute distribution in commerce and thus need to be considered in threshold determinations for reporting under EPCRA Section 313? Yes. Under EPCRA, process means the preparation of a listed toxic chemical, after its manufacture, for distribution in commerce (40 CFR Section 372.3). Distribution in commerce includes any distributive activity in which benefit is gained by the transfer, even if there is no direct monetary gain. Listed toxic chemicals that are shipped from one facility to another facility under common ownership are considered to be distributed in commerce. Although the chemical in the product is not distributed to the general public, the preparingfacility does derive economic benefit by transferring the listed toxic chemical, as bothfacilities are under common ownership. The amount of listed toxic chemical prepared at the facility must be counted towards the 25,000 pounds processing threshold. 201. Company A stores oil at their Storage Facility 1. Company A transfers oil from Storage Facility 1 to their Storage Facility 2 (a separate facility for EPCRA Section 313 purposes). From Storage Facility 2, the oil is distributed to customers. Does the transfer from Storage Facility 1 to Storage Facility 2 constitute processing on the part of Storage Facility 1? Yes. Under EPCRA Section 313, processing means the preparation of a listed toxic chemical after its manufacture, for distribution in commerce (40 CFR Section 372.3). Distribution in commerce includes any distributive activity in which benefit is gained by the transfer, even if there is no direct monetary gain. Listed toxic chemicals that are shipped from one facility to another facility under common ownership are considered to be distributed in commerce. Although the chemical in the product is not distributed to the general public, the preparing facility does derive economic benefit by transferring the listed toxic chemical, as both facilities are under common 61 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Process, Intracompany Transfer, Economic Benefit Process, Steps Taken by Different Facilities Process, Double Counting, Multiple Process Steps ownership. The amount of listed toxic chemical prepared at the facility must be counted towards the 25,000 pounds processing threshold. 202. A mine sends a metal concentrate for smelting to another covered facility owned by the same company. Has the mine distributed toxic chemicals in the concentrate into commerce, and therefore, processed them? Yes. Under EPCRA process means the preparation of a listed toxic chemical, after its manufacture., for distribution in commerce (40 CFR Section 372.3). Distribution in commerce includes any distributive activity in which benefit is gained by the transfer, even if there is no direct monetary gain. Listed toxic chemicals that are shipped from one facility to another facility under common ownership are considered to be distributed in commerce. Although the chemical in the product is not distributed to the general public, the preparing facility does derive economic benefit by transferring the listed toxic chemical, as both facilities are under common ownership. 203. Facility 1 receives a spent solvent, repackages it, and sends it off- site to a recycling/aci/iYy (Facility 2). Facility 2 recovers the solvent and returns it to Facility 1 who then repackages it to be distributed into commerce. Does Facility 1 count the toxic chemical in the solvent twice toward the processing threshold (i.e., when it is distributed off-site for recycling and when they distribute the recovered solvent into commerce)? Yes. Amounts of listed toxic chemicals that are transferred off-site for recycling are considered processed and Facility 1 processed the listed toxic chemical when it was sent off-site for recycling. Facility 2 who recovers the listed toxic chemical also processed amounts recovered, which were subsequently distributed back to Facility 1. Facility 1 then receives amounts of the listed toxic chemical recovered by Facility 2 and Facility 1 repackages the listed toxic chemical and further distributes it in commerce. Therefore, Facility 1 must, once again, include these amounts toward their processing threshold. While this may seem to be a double counting of the same amounts of the listed toxic chemical, the activities are completed at each interval and are clearly taking place at multiple locations. Each activity is independently performed and there is no double counting within the same activity step. 204. A metal fabricationyaci/iYy covered by EPCRA Section 313 extrudes ingots containing 20,000 pounds of copper into rods. The facility then transfers the rods containing 20,000 pounds of copper to another portion of the facility, which is completely separate from the extruding operation, for further processing, such as grinding. Has the facility processed 40,000 pounds of copper, and thus exceeded the processing threshold of 25,000 pounds per reporting year? 62 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Process, Multiple Process Steps Process, Metal Compounds, Chemical Conversion Process, Repackage No. In this scenario, the facility has only processed20,000 pounds of copper and would not be subject to reporting pursuant to 40 CFR Part 372 for this toxic chemical. For threshold purposes, facilities must count the amount of a toxic chemical that is processed during the reporting year. Facilities should not, however, double count toxic chemicals that are subject to multiple on-site processing steps before being distributed in commerce. Conversely, facilities that transfer listed toxic chemicals off-site for processing and receive the same toxic chemical back for further processing must count the listed toxic chemical twice when calculating thresholds because the listed toxic chemical is considered to be newly obtained. 205. How does a facility consider multiple activities within the same threshold activity, such as multiple repackaging steps, or blending followed by repackaging? Amounts of a listed toxic chemical undergoing multiple activities on-site within a single threshold activity are counted only once during the activity sequence. For example, if a facility receives a bulk quantity of a chemical that it then places in a storage container from which amounts are subsequently blended and placed in smaller containers that are sold, the facility has prepared for distribution in commerce the entire amount of the chemical, and therefore, the facility has processed the entire amount of the listed toxic chemical. 206. The preamble to the May 1,1997, Final rule (62 FR 23834) says that extraction of ore containing toxic chemicals for subsequent distribution in commerce constitutes the processing of those listed chemicals. Does this mean that metal compounds in extracted ore art processed, even if they are later converted to different compounds prior to their actual distribution in commerce (i.e., the extracted compound is considered a process intermediate)? Yes. Amounts of materials that undergo a processing step (extraction) as part of the facility's preparation of a material for distribution in commerce are considered processed and must be considered toward the facility's processing threshold because a part of the original metal compound is incorporated into the product which is ultimately distributed in commerce. 207. A covered facility receives shipments of an EPCRA Section 313 listed toxic chemical in rail cars. The listed toxic chemical is transferred from the rail cars into large tank trucks for distribution to customers. The quantity of the listed toxic chemical held in the tank trucks is approximately equivalent to the amount held in the rail cars. Would the transfer of the listed toxic chemical from the rail cars to the tank trucks be considered repackaging and therefore included in processing threshold determinations? 63 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Activity Threshold, Manufacture, Compounds, Compounding, Process Activity Threshold, Otherwise Use, Formaldehyde Metal Mining, Overburden, Waste Rock, Otherwise Use, Regrading Yes. All activities involving the preparation of a listed toxic 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 FR 4506; February 16, 1988). The act of removing a listed toxic 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 of a listed toxic chemical transferred from the rail cars to the tank trucks in its processing threshold for that chemical. 208. The EPCRA Section 313 definition of manufacture includes the term compounding. Does this mean that if a chemical is mixed with other chemicals in order to compound a product that the manufacturing threshold is to be used? No. Compounding as used under Section 313 means that a chemical has been created, not that chemicals have been mixed together to form a new product. Thus, depending on the specifics of the use of the chemical, amounts would be counted towards the otherwise use threshold or the processing threshold, but not the manufacture threshold. 209. A melamine formaldehyde resin containing a small amount of unreacted formaldehyde monomer is purchased by & facility, dissolved in water and applied to paper to produce a polymer-coated product. In the process of coating the paper all of the formaldehyde evaporates. Is the formaldehyde processed or otherwise used"! Since the formaldehyde is not incorporated into the product, it is otherwise used. The formaldehyde would not be counted at all if the amount is below the de minimis of 0.1 percent in the incoming resin mixture. 210. A covered metal mining facility is required by other environmental laws to regrade (i.e., recontour) their overburden and/or waste rock piles. Is the covered facility required to consider the amounts of listed toxic chemicals in the pile toward their otherwise use threshold? Provided that materials remain within the same disposal unit, the facility is not conducting a threshold activity, nor is the facility releasing materials that would have to be considered for reporting. If the facility regrades the material outside of the disposal unit, for use as road building material for example, then the facility is otherwise using the previously disposed material and would have to consider amounts of listed toxic chemicals contained in these materials for threshold determinations and release and other waste management calculations. 64 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Import, Broker Import, Manufacture Import, Customs Territory of U.S. Import, Foreign Trade Zone G. Importing 211. Under manufacture/import, what constitutes import! Does the threshold apply if you have a broker who imports the toxic chemical for you, stores it for you, and then ships the toxic chemical to you? What criteria apply? Use of a broker does not negate facility "importation " (manufacture) of a listed toxic chemical. If your facility specified that a listed toxic chemical or mixture containing a toxic chemical be obtained from a foreign source, then your facility "imported" the toxic chemical. You are considered to have imported a toxic chemical if you have caused the listed toxic chemical to be brought into the customs territory of the U.S. and you "control the identity of the toxic chemical and the amount to be imported." 212. Should the amounts of a chemical created and imported be added together to count towards the manufacturing threshold? Yes. Because EPCRA Section 313 defines both creation and importation as manufacturing, you must add the amounts of the chemical undergoing each activity together to determine the manufacturing threshold. 213. For purposes of considering listed toxic chemicals to be imported under EPCRA Section 313, are the U.S. Virgin Islands within the customs territory of the United States? No. The U.S. Virgin Islands are not within the customs territory of the United States. The customs territory of the United States is comprised of the 50 States, the District of Columbia, and Puerto Rico. The 50 States do not include Guam, American Samoa, the U.S. Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction. Therefore, listed toxic chemicals that come from the U.S. Virgin Islands into the U.S. customs territory would be considered imported under EPCRA Section 313. 214. My facility imports over 25,000 Ibs of an EPCRA Section 313 toxic chemical to be used in the U.S. to manufacture a product (e.g., used as an intermediate) or to be processed in the United States. The product is then exported in its entirety. Is the chemical subject to the EPCRA Section 313 requirements? Yes. If the facility that caused the importation meets the employee criterion, covered SIC code criterion, and toxic chemical activity threshold, then the facility must fill out a Form R or the Alternate Certification Statement (Form A). The only exception would be if the chemical were imported for entry into "Foreign Trade Zones (FTZ)" for reexport. However, if any portion of the chemical or the product is withdrawn from the FTZ with the intention of 65 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers distribution into the U.S., then the chemicals that were used for the portion entering U.S. commerce are counted toward the activity threshold. Please remember, there are other EPA importing requirements under other environmental statutes. Otherwise Use, Manufacture, Importing Waste Import, Toll Processor, Threshold Determination Import, Warehouse 215. A. facility imports a toxic chemical in waste from outside the U.S. and treats the entire amount of the toxic chemical for destruction. Has the facility manufactured or otherwise used the toxic chemical? Both. The facility must apply the amount of the toxic chemical toward both the manufacture and otherwise use activity thresholds. The facility caused the toxic chemical to be imported, and therefore manufactured the toxic chemical. The facility then treated the toxic chemical, which was received in waste from off-site, for destruction. Thus, the facility also otherwise used the toxic chemical. 216. Facility A orders 50,000 pounds of a listed toxic chemical from a foreign supplier but has that toxic chemical shipped directly to a toll processor. The toll processor then sends the formulated product containing the toxic chemical to Facility A in the same reporting year. Who is considered the importer and thus subject to the manufacture threshold for that toxic chemical'! The toll processor has not caused the listed toxic chemical to be imported. Therefore, the toll processor is not subject to the manufacturing threshold. However, if the toll processor repackages the toxic chemical before distributing it to Facility A, they are subject to the processing threshold for that listed toxic chemical. Facility A has imported the listed toxic chemical when the product is received from the toll processor. This is because Facility A has caused the listed toxic chemical to be imported and ultimately received the listed toxic chemical, even though there was some intermediate processing applied to the toxic chemical. There is no practical difference in coverage under the regulations unless the manufacturing^c/7/'(y does not further otherwise use or process the product. For example, if the facility only labels the product containers and ships them to customers, the facility is still subject to reporting because the act of importation is considered manufacturing. 217. A. facility imports a listed chemical, but it is imported directly to stand-alone warehouses (not owned by the facility). The facility controls the sale/distribution of these unaltered products. Should the warehouses properly report on these materials or should the facility'! The facility should count the chemical towards its manufacturing threshold only if it actually receives the toxic chemical at the facility. The warehouse is a separate facility, and may not be within a covered SIC code; it, therefore, 66 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Import, Actual Receipt Import, Broker may not need to report. If the warehouse assumes the SIC code of the facility it supports, it is an auxiliary facility, and it will need to independently make employee and threshold determinations. Because the warehouse has not caused the toxic chemical to be imported, it has not manufactured the toxic chemical. However, if the warehouse processes or otherwise uses the chemical above an applicable activity threshold, and meets the other EPCRA Section 313 criteria, it would be required to file the Form R. 218. A TSDF regulated under RCRA Subtitle C imports a waste that contains a listed EPCRA Section 313 chemical. The waste is received by a transfer facility, and the transfer/aci'/iYy sends it to a final TSDF. This final TSDF did not initiate the importation. Who has imported the waste? For purposes of EPCRA Section 313 reporting, the importing facility never takes physical possession of the waste, therefore, no facility in this scenario would count amounts of listed toxic chemicals in the waste toward their manufacturing threshold based on importation. To be considered an importer the facility receiving the material from a source outside the customs territory must have imported or "caused the material to be imported." If the ordering facility receives the shipment, then the orderingfacility has imported the listed toxic chemicals in the waste shipment and must consider these amounts toward their manufacturing thresholds. However, if the orderingyac/7/'(y directs another facility to receive the shipment, then the receiving^?c/7/(y has not imported the shipment, and neither has the ordering facility for purposes of EPCRA Section 313 because the listed toxic chemicals were not brought on-site of the ordering facility. Regardless, the receiving^?c/7/(y would need to consider amounts received for the purpose of further waste management toward their otherwise use threshold if they treat for destruction, stabilize, or dispose the toxic chemical. 219. A TSDF regulated under RCRA Subtitle C requests certain types and quantities of waste containing toxic chemicals from an import/export broker. The broker then forwards the waste to the TSDF for waste management. Who caused the toxic chemical to be imported? The TSDF caused the toxic chemical to be imported into the customs territory of the United States and must count the amount imported towards its manufacturing threshold. By ordering the waste containing listed toxic chemicals, the TSDF "caused it to be imported," even though it used an import brokerage firm as an agent to obtain the toxic chemicals. This TSDF would also need to consider amounts received for the purpose of further waste management toward their otherwise use threshold if they treat for destruction, stabilize, or dispose the listed toxic chemical. 67 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Import, Purchasing Agent Import, Broker Import, Purchasing Agent 220. The corporate office for a chemical distribution company directly purchases products which will be shipped to several of its chemical distribution facilities. The corporate purchasing department purchases one of these products, which contains a section 313 chemical, from a foreign source. The product is shipped directly to one of its chemical distribution facilities. Did the individual facility cause the importation of the section 313 chemical thereby requiring it to apply the 25,000 pound manufacturing threshold to the quantities of this material received by the facility in the reporting year? If the chemical distribution facility that actually received the product did not have any input regarding the quantity or identity of the toxic chemical, the facility did not cause the importation of the toxic chemical in the product and does not have to apply the listed chemical in the product to its manufacturing threshold. To be considered an importer the facility receiving the material from a foreign source must have imported or "caused the material to be imported." If the ordering facility receives the shipment, then the ordering facility has imported the listed toxic chemicals and must consider these amounts toward their manufacturing thresholds. However, if the ordering facility, on its own initiative, directs another facility to receive the shipment, and that other facility has no input in deciding whether it will receive the toxic chemical, then the receiving facility has not imported the shipment and the orderingfacility has also not imported the shipment for purposes of EPCRA Section 313 because the listed toxic chemicals were not brought on site of the orderingyac/7/(y. 221. A facility did not specify a source for a material broker to obtain a listed toxic chemical, but the facility learns that the only U.S. manufacturer of the chemical has gone out of business. Therefore, is the facility importing the chemical, making the facility subject to the manufacturing threshold? Yes. The facility knows that it has caused the listed toxic chemical to be imported to the U.S. because there are no U.S. sources. Therefore, the amount of the chemical that is caused to be imported by the facility through a broker must be included within the 25,000 pound manufacturing threshold determination for that listed toxic chemical. 222. A chemical distributor arranges the importation of a material containing a toxic chemical by specific request from a customer. The material goes directly to the customer. The material never enters the boundaries of the chemical distributor's/aci'/iYy. Who should count the amount of toxic chemical towards the manufacturing threshold? The customer has caused the toxic chemical to be imported into the customs territory of the United States. If the customer is a covered facility, the 68 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Import, Contractual Relationship Auxiliary Facility, Reporting Criteria Definition of Auxiliary Facility customer must count the amount of the listed toxic chemical imported that enters their facility toward the manufacturing threshold. The chemical distributor acted as an agent for the customer, and therefore, did not import the toxic chemical. 223. U.S. law requires that wastes produced in Mexico by an American owned company be sent back to the U.S. for further waste management (Maquiladora waste). When the facility operating within the U.S. receives the wastes, has it manufactured the toxic chemicals contained in the waste? Because this law requires that these wastes be returned to the U.S. for further waste management, did the U.S. facility receiving these wastes cause the wastes to be imported? Yes. The receiving facility either has a contract or agreement in place to receive imported waste and is functioning as the importing facility. Amounts of listed toxic chemicals received in waste must be counted toward the manufacturing threshold. The receiving^7c/7/'(y would also need to consider amounts received for the purpose of further waste management toward their otherwise use threshold, if they treat for destruction, stabilize, or dispose the toxic chemical on-site. H. Auxiliary Facilities 224. Are auxiliary facilities associated with activities at a facility in a covered SIC code exempt from reporting under Section 313? No. An auxiliary facility is one that directly supports another facility/ enterprise's activities and therefore takes the SIC code of the facility supported. Auxiliary facilities located on separate property must report if they also meet the employee and activity thresholds. Auxiliary establishments that are located on multi-establishment facilities should be included in facility threshold determinations and release and other waste management calculations. For example, a spill of a toxic chemical from the on-site warehouse would be included in the covered facility's release quantities. 225. 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? 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.. the 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). 69 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers 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. Auxiliary Facility, SIC Code Auxiliary Facility, Reporting Responsibility Auxiliary Facility, SIC Code 226. An auxiliary wastewater treatment plant, which is not a RCRA Subtitle C facility, has taken on the SIC code of a covered facility because it primarily services a covered facility. Does the facility where the treatment plant is located have to report even if the rest of the establishments at that facility are not in the covered SIC codes'! A facility must report only if it meets the employee, SIC code and activity criteria. As long as the wastewater treatment plant does not represent the major part of the goods and services produced at the facility, the SIC code criterion is not met. Therefore, the facility as a whole need not report. The covered facility producing the listed toxic chemical in the waste must report the off-site transfer to the facility containing the wastewater treatment plant. 227. A chemical distribution facility has an off-site chemical bulk storage unit on a non-contiguous property that is typically unmanned. When filling orders for customers, the facility sends trucks to the off-site bulk storage unit, "drums-off' a specified amount and delivers the order to the customer. What reporting is required for the chemicals that are processed at this off-site location? The off-site location may itself be classified as a chemical distributionyac/7/(y and be covered in terms of its SIC code designation. The off-site bulk storage facility may also assume the SIC code of the covered chemical distributor that it supports and also be considered covered. In terms of determining if the off- site facility meets the employee threshold, potentially requiring it to report, the facility should consider all of the hours spent servicing the units such as product delivery, tank clean-out, and construction in making that determination. If these hours add up to 20,000 hours over the course of the reporting year, the facility would meet the employee threshold and would be required to consider its chemical activities. It is possible that the type of employee hours associated with the off-site bulk storage facility would potentially exceed thresholds in one year and not in another. 228. A covered facility consists of three establishments. If a warehouse located on a non-contiguous/adjacent site 20 miles away solely supports one of the covered facility's establishments that is not within a covered SIC code, is that warehouse considered a covered facility because of its status as an auxiliary facility'! No. An auxiliary facility may assume the SIC code of the specific establishment or establishments it supports. Because the auxiliary facility assumes a non-covered SIC code, it is not a covered facility. 70 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 Reporting Responsibility, Auxiliary Facility, SIC Code Determination Auxiliary Facility, SIC Code, Multi- establishment, Laboratory Electricity Generating Facility, Auxiliary Facility, SIC Code Determination Auxiliary Facility 229. An electricity generating facility in SIC code 4939 combusts coal for generating power for distribution in commerce. A warehouse is located several miles away and stores materials for the electricity generating facility. While the warehouse serves as support to a covered facility and is considered an auxiliary facility, the warehouse does not combust coal or oil. Is the warehouse subject to EPCRA Section 313? No. Although the warehouse is an auxiliary facility., and therefore assumes SIC code 4939 from the electricity generating^7c/7/'(y, facilities in SIC code 4939 are only covered by EPCRA Section 313 if they also combust coal or oil for purposes of generating electricity for distribution into commerce. Since the warehouse does not combust coal or oil, it is not subject to reporting under Section 313. 230. Is my facility covered by EPCRA Section 313 if the value of laboratory research at my facility is greater than 50 percent of the total value of goods and services produced at my facility? If the research laboratory is a separate establishment from the other activities at the facility and its SIC code is not in a covered SIC code, then the 50 percent test is used to determine if the wholefacility is in the covered SIC codes (40 CFR Section 372.22). In this case, the facility would not be subject to reporting because the primary SIC code is not within the covered SIC codes. However, if the laboratory is within the covered SIC codes because it is an auxiliary establishment providing research to support operations in the covered SIC codes, then the facility would be covered by Section 313. 231. An electricity generating/act/iYy in SIC code 4911 uses a separate facility (Facility A) for ash disposal. Facility A's primary function is to dispose ash generated at the electricity generating facility. Facility A does not produce electricity. Is Facility A, which is not contiguous or adjacent to the electricity generating/act/iYy, subject to EPCRA Section 313? No. Although Facility A is an auxiliary facility and, therefore, assumes the electricity generatingyac/7/'(y' s SIC code (4911), facilities in SIC code 4911 are only covered by EPCRA Section 313 if they also combust coal or oil for purposes of generating electricity for distribution into commerce. Since Facility A does not combust coal or oil for distribution into commerce, it is not subject to reporting under Section 313. 232. An airplane engine repair shop (generally SIC code 7699) owns an auxiliary facility at a separate location that does metal plating for the engine repair shop and other unrelated/aciVift'es (generally SIC 3471— Plating of Metals and Formed Products). Would the plating/aci'/iYy be exempt? 71 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers According to the SIC code manual, this facility would not be auxiliary because it is not primarily engaged in performing support services for one other facility or enterprise. Instead this facility would be considered a separate operating establishment conducting a manufacturing activity. It would, therefore, need to make the employee and activity threshold determinations and report, if appropriate, because it falls within a covered SIC code. Auxiliary Facility, Reporting Requirements Indian Lands, EPCRA Reporting 233. A reclamation center collects and sorts scrap metal received from many different/aci/ift'es owned by the same corporate entity. This corporate entity also performs the reclamation center's payroll. Is this reclamation center considered an auxiliary facility and therefore subject to EPCRA Section 313 reporting requirements? No. For the purposes of EPCRA Section 313, auxiliary facilities are primarily engaged in performing support services for another facility, or establishment of a primary company. In general, the company performs the auxiliary facility's basic administrative services (e.g. filing paperwork, performing payroll activities, or employing the auxiliary facility's administrative staff). In addition, auxiliary facilities perform an integral role in the primary company's activities. Both of these factors must be present to establish an auxiliary facility. Because reclamation is not integral to the primary company's activities, the reclamation center does not play an integral role in the primary company's operations and it would not be considered an auxiliary facility. I. Indian Lands 234. In 1986, Congress passed EPCRA, to help local communities, including Indian reservations, protect public health and the environment from chemical hazards by informing citizens about the chemicals present in their communities. On July 26,1990, EPA published a rulemaking in the Federal Register designating Indian Tribes and their chief executive officers as the implementing authority for EPCRA on all Indian lands (55 FR 30632). What is EPA's policy regarding the implementation of the different provisions of EPCRA on Indian lands? EPA's policy is to work with Tribes on a government to government basis in implementing the requirements of EPCRA. EPCRA contains four major provisions: planning for chemical emergencies, emergency notification of chemical accidents and releases, reporting of hazardous chemical inventories, and toxic chemical release reporting. The emergency planning provisions of EPCRA Sections 301-303 are designed to help Indian Tribes prepare for, and respond to chemical emergencies occurring on Indian lands that involve extremely hazardous substances (EHSs), found at 40 CFR Part 355, Appendix A and B. The chief executive officers of federally recognized Tribes must 72 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 1 appoint Tribal Emergency Response Commissions (TERCs), responsible for carrying out the provisions of EPCRA in the same manner as State Emergency Response Commissions (SERCs). Alternatively, Tribal leaders can join a Tribal Coalition which functions as the TERC, or establish a Memorandum of Understanding with a State to participate under the SERC. TERCs establish emergency planning districts and can appoint Local Emergency Planning Committees (LEPCs) or act as 7E!/?Cs/LEPCs, performing the functions of both. LEPCs use information collected under EPCRA to develop local emergency response plans to respond quickly to chemical accidents. The chief executive officer should ensure that TERCs maintain a broad-based representation, including Tribal public agencies and departments dealing with environmental, energy, public health and safety issues, as well as other tribal community groups with interest in EPCRA. The Tribal LEPC should also be representative of the community, and should include elected Tribal officials, fire chiefs, Indian Health Services officials, Bureau of Indian Affairs officials, Tribal elders and leaders, representatives of industries on or near the reservation, and members of the general community. The emergency release notification provisions of EPCRA Section 304 require facilities to immediately notify TERCs and LEPCs of releases in excess of reportable quantities of EHSs and CERCLA hazardous substances, found at 40 CFR Section 302.4. Facilities must also provide written follow-up reports on the actions taken to respond to releases and possible health effects of the released substances. The emergency release notification provisions cover releases from commercial, municipal, and other facilities on Tribal lands, including those owned by the Tribe, and those from accidents on transportation routes within the reservation. Substances covered by this Section include not only EHSs, but also hazardous substances subject to the emergency release notification requirements of CERCLA Section 103. CERCLA requires notification of releases to the National Response Center. In cases where releases from facilities located on Indian lands may affect areas outside Indian jurisdiction, the legislation under EPCRA Section 304(b)(l) requires that notice be provided to all SERCs and LEPCs likely to be affected by the releases. Response to such releases will be handled by cooperation between the affected jurisdictions. EPA encourages Indian Tribes, SERCs, and LEPCs to participate in joint planning efforts to prepare for such potential emergencies. The hazardous chemical right-to-know provisions of EPCRA Sections 311 and 312, require facilities that prepare Material Safety Data Sheets (MSDSs) for hazardous chemicals under OSHA, and have hazardous chemicals or EHSs present above applicable threshold levels, to submit these MSDSs, or lists of such chemicals to TERCs, LEPCs, and local fire departments. Facilities are also required to submit hazardous chemical inventory forms which detail the amounts, conditions of storage, and locations of hazardous chemicals and EHSs to TERCs, LEPCs, and local fire departments. It is the responsibility of TERCs and LEPCs to make this information available to the public. 73 ------- SECTION 1 1998 EPCRA Section 313 Questions and Answers Toxic chemical release reporting under EPCRA Section 313 requires covered facilities to submit annual reports on routine and accidental toxic chemical releases and other waste management activities to EPA and the Tribal environmental, health, or emergency response agency which coordinates with the TERC. TERCs and EPA make this information available to the community through the national Toxic Release Inventory (TRI) database. The data is also released to the public annually in national and state TRI reports. The information collected under EPCRA enables TERCs and LEPCs to paint a picture of the hazardous substances, chemicals, and toxics found on Indian lands. It also allows the Tribal communities to work with industries to reduce the use and releases and other waste management of toxic chemicals and prevent chemical accidents. EPA recognizes that resources are often limited on Indian lands, and EPA is committed to helping Indian tribes comply with EPCRA. EPA provides technical assistance, guidance, and training tailored to the needs of Indian tribes. EPA's Office of Chemical Emergency Preparedness and Prevention (CEPPO) can provide TERCs with grants/ cooperative agreements to aid in the implementation and effectiveness of their EPCRA programs. To be eligible for consideration under this grant program, a tribe or Tribal Coalition must function as an independent TERC. To the extent that Tribes have these functions performed by states, they are not eligible for these grants. Tribal agencies can also apply for training grants provided by FEMA under EPCRA Section 305(a) to gain or improve skills needed for carrying out emergency planning and preparedness programs. These grants are provided through the TERCs or other agencies. The Hazardous Materials Transportation Uniform Safety Act of 1990 (HMTA) also includes funding grants for Indian tribes for training public sector employees in emergency response activities. HMTA provides planning grants for developing, improving, and implementing EPCRA plans, and for developing a training curriculum for TERCs and LEPCs. Tribes should contact their EPA Regional office for information on how to apply for these grants. Enforcing the provisions of EPCRA is key to providing Tribal communities with the information necessary to prepare for and prevent chemical accidents. EPA provides assistance to Tribal communities for specific enforcement actions against violators of Sections 302, 311, and 312. Since EPA does not receive or process information under these Sections, actions should be initiated at the tribal and district levels. 74 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Exemption Retention FDA Personal Use Exemption, Office Supplies Personal Use Exemption, Office Supplies Personal Use Exemption, Employee Comfort Section!. EXEMPTIONS A. General, Personal Use, and Intake Water or Air 235. Can the exempted uses of a toxic chemical remain exempted even if other formulations, articles, or fuels with the same listed toxic chemical are not exempt? Yes, the toxic chemical retains its exemption. Exempted uses of a listed toxic chemical do not need to be reported, even if other (non-exempted) uses of the same listed chemical trigger thresholds at the facility. 236. Is a feed company that is regulated by the Food and Drug Administration (FDA) exempt from filing Form R under Section 313? No. EPCRA Section 313 applies to any facility that meets all the applicable criteria. There is no specific exemption for facilities or toxic chemicals regulated by the FDA. 237. Do office supply type products require coverage under EPCRA Section 313 reporting? EPA does not intend to require covered facilities to account for listed toxic chemicals in typical office supplies such as correction fluid and copier machine fluids. Although not specifically exempted by the regulation, EPA interprets such mixtures or products to be equivalent to personal use items or materials present in a facility'?, cafeteria, store, or infirmary (40 CFR Section 372.38(c)(3)). 238. A facility meets the threshold for otherwise use of 1,1,1- trichloroethane as a cleaner. Would the release of that listed toxic chemical contained in the office supply product "white-out" also be included? Office products fall within the same realm as the personal use exemption. The release of 1,1,1, trichloroethane in "white-out" is exempt. 239. A facility adds chlorine to its water supply system. The chlorinated water is used only for drinking purposes by employees. Is this use of chlorine reportable under EPCRA Section 313? Chlorine that is added by a facility to its water supply system to prepare potable water for consumption at the facility is exempt from reporting under the personal use exemption, which exempts as "personal" use, by employees or other persons at the facility, the use of foods, drugs, cosmetics, or other personal items containing toxic chemicals, including supplies of such products within the facility such as in a facility operated cafeteria, store, or 75 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Personal Use Exemption, Office Supplies Personal Use Exemption, Cafeteria Refrigerants Personal Use Exemption, Employee Comfort, Air Conditioning Personal Use Exemption, Air Conditioning infirmary (40 CFR Section 372.38(c)(3)). Since chlorine is used to prepare an item (i.e.. potable water) that will be used only for drinking purposes by facility employees, it is exempted from reporting under EPCRA Section 313. 240. A covered facility uses ammonia in gas cylinders in their blueprint machines. A total of 12,000 pounds of reportable ammonia is used per year in this operation and the facility does not otherwise use or process any other quantities of ammonia. Is this use exempt from Section 313 reporting under the office supplies for personal use exemption (40 CFR Section 372.38(c)(3))? Blueprint machines are not typical office supply items for personal use. Since the 10,000 pound otherwise use threshold is exceeded, the facility must report for the ammonia. 241. A covered facility uses listed toxic chemicals in its cafeteria refrigeration units. The units enable the cafeteria to store food that will later be served to staff of the facility. Would these chemicals need to be included in EPCRA Section 313 threshold determinations? No. Under the personal use exemption "foods, drugs, cosmetics or other personal items containing toxic chemicals, including supplies of such products within the facility such as in a facility operated cafeteria, store, or infirmary" used by employees or other persons at the facility are exempt from threshold determinations (40 CFR Section 372.38(c)(3)). The listed toxic chemicals used in the cafeteria refrigeration units, therefore, are exempt from threshold determinations and release and other waste management reporting requirements. Non-exempt uses of the same listed toxic chemicals elsewhere at the facility, however, must be included in threshold determinations and release and other waste management reporting. 242. Would listed toxic chemicals used as refrigerants in a facility's air conditioning unit be exempt from EPCRA Section 313 reporting under the personal use exemption (40 CFR Section 372.38(c)(3))? Yes, if the air conditioning unit is used for the purpose of maintaining employee comfort, the listed toxic chemicals used in the unit would be exempt from EPCRA Section 313 reporting under the personal use exemption. If, however, the air conditioning unit is integral to the facility's operation or activity (e.g.. maintaining constant temperature and humidity for machinery or cold storage rooms), then the toxic chemicals used in the unit would not be exempt from EPCRA Section 313 reporting. 243. Are the listed toxic chemicals used in cooling equipment for air conditioning process control rooms eligible for the personal use exemption? 76 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Personal Use Exemption, Process Related, Air Conditioning Personal Use Exemption, Administrative Setting Personal Use Exemption, Ammonia, Sewage No. As provided in 40 CFR Section 372.38, the personal use exemption applies to the use of listed toxic chemicals limited to: personal use, by employees or other persons at the facility, of foods, drugs, cosmetics, or other personal items containing toxic chemicals, including supplies of such products within the facility such as in a facility-operated cafeteria, store, or infirmary. This exemption is limited and does not include chemicals used in process related activities. 244. Would a facility be required to report on the Section 313 chemicals in an air conditioning unit that cools a mine's process operation or production room in which employees must work? In other words, because the air conditioning unit is being used in a production process, could the personal use exemption for employee comfort still apply for these activities? No. The "use exemption for personal uses by employees or other persons" was intended to apply to such incidental uses of toxic chemicals that may take place at a facility simply because of personal needs. The types of incidental chemical uses intended to be eligible for this exemption include foods, drugs, cosmetics, or other personal items containing toxic chemicals, including supplies of such products within the facility such as in a facility operated cafeteria, store, or infirmary. The use of chemicals to promote process related activities, including employee access to such process-related areas that would not otherwise be possible, is not incidental to the process, and therefore, must be considered toward threshold and release and other waste management calculations. 245. Is the use of toxic chemicals for employee comfort only applicable in an administrative setting for the personal use exemption? The personal use exemption is limited to chemicals used in non-process related activities, which may include administrative activities. Amounts of listed toxic chemicals used for administrative purposes are eligible for the personal use exemption and do not have to be considered toward threshold or release and other waste management calculations. 246. A. facility covered under Section 313 of EPCRA has met a reporting threshold for ammonia. A sewage system within the facility collects human waste from different parts of the facility. The ammonia present in the sewage is not involved in any manufacturing, processing, or otherwise use activities at the facility. Since the facility has already exceeded an activity threshold for ammonia, are they required to report the ammonia that is emitted in the sewage? Yes. The ammonia present in the sewage is being coincidentally manufactured as a result of the waste decomposition. Quantities of the toxic 77 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Personal Use Exemption, Sewage, Nitrate Compounds Intake Water Exemption Otherwise Use Exemption, Manufacturing During Use Intake Water Exemption, Wastewater chemical that are coincidentally manufactured are not eligible for the personal use exemption. This exemption only covers the otherwise use of toxic chemicals, not their manufacture. The facility should report that it has manufactured ammonia as a by product in Part II, Section 3.1(e). In addition, to the extent that the facility has knowledge concerning the quantity of the ammonia manufactured from the waste decomposition, they should report the quantity as transferred a POTW in Part II, Section 6.1, and as sent off-site for treatment in Part n, Section 8.7. 247. A. facility is treating sanitary waste and, as a result of the treatment, nitrate compounds and/or ammonia are coincidentally manufactured. Are the manufactured Section 313 chemicals considered exempt under the personal use exemption? No. Exemptions provided in 40 CFR Section 372.38 apply to the use of listed toxic chemicals. These exemptions do not include manufacturing or processing of listed toxic chemicals, even if this results from an activity where the use is exempt. If a listed toxic chemical is coincidentally manufactured during an activity where the use of a listed toxic chemical is exempt, the chemical manufactured is not exempt and amounts manufactured must be considered toward threshold and release and other waste management calculations. 248. A facility uses river water as process water. The water taken from the river contains more lead (1.0 ppb) than the water returned to the river (0.5 ppb). Is it eligible for the process water exemption (40 CFR Section 372.38 (c)(5))? If not, is the facility treating the water? The process water can be considered exempt because the listed toxic chemical was present as drawn from the environment. The facility does not need to consider lead in the process water for threshold or release and other waste management reporting. 249. Are facilities required to consider in threshold determinations and release and other waste management calculations, amounts of Section 313 chemicals manufactured from combustion during exempt otherwise use activities (e.g., from motor vehicles, personal use, routine maintenance, intake water, and structural component). The exemptions defined at 40 CFR Section 372.38(c) are intended for toxic chemicals otherwise used. Amounts of toxic chemicals manufactured or processed during these "exempt" activities are not exempt. 250. If a facility uses process wastewater containing a listed toxic chemical on-site, are toxic chemicals in the wastewater exempt under the intake water exemption? 78 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Intake Water Exemption, Stormwater Intake Water Exemption, Compressed Air Intake Water Exemption, Disposal of Intake Water, Underground Mine No. Since the listed toxic chemicals are not drawn from the environment, the facility must count the amount of the listed toxic chemicals toward threshold determinations and release and other waste management calculations. 251. A covered facility otherwise uses, as process water, wastewater or storm water that contains a toxic chemical. Is the facility required to count the amount of the toxic chemicals toward threshold determinations and release and other waste management calculations or would the section 313 chemicals be exempt under the intake water exemption? The intake water exemption is specifically limited to otherwise use of toxic chemicals present in process water or non-contact cooling water that are drawn from the environment or from municipal sources. The above facility otherwise uses water in its process sequence and would not be required to account for amounts of listed chemicals contained in stormwater that is drawn from the environment. The facility, however, would have to account for amounts of listed chemicals acquired by the storm water after the storm water has run onto and off of equipment and buildings. Likewise, wastewater is not drawn from the environment and amounts of listed toxic chemicals in wastewater which are otherwise used are ineligible for the exemption and any information on amounts of listed toxic chemicals from wastewater would have to be considered toward threshold determinations and release and other waste management calculations. 252. Would a listed toxic chemical present in compressed air be exempt? What if the listed toxic chemical is present in air emissions from a boiler? A listed toxic chemical present in compressed air drawn from the environment would not have to be counted toward a threshold determination because it meets the intake air exemption (40 CFR Section 372.38(c)(5)). If that same listed toxic chemical is present in the boiler emission air only because it was in the compressed air fed to the boiler, then it would remain exempt. However, if the listed toxic chemical is created as a result of combustion, you have coincidentally manufacturedthe toxic chemical and must consider it for reporting. 253. A facility dewaters its underground mine and places the water in a surface impoundment. Are toxic chemicals in the water eligible for the intake water exemption and are they exempt from release and other waste management reporting? No, because the facility is not otherwise using the water drawn from the underground mine the intake water exemption does not apply. In this scenario, the facility is simply disposing of the water containing these chemicals drawn from materials on site, and therefore, the facility is not 79 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Intake Water Exemption, Disposal of Intake Water, Underground Mine Storm Run-off, Intake Water Exemption, Wastewater manufacturing, processing, or otherwise using chemicals and amounts of these toxic chemicals would not count toward thresholds. However, the facility is disposing of these chemicals and if a threshold is exceeded elsewhere at the facility for one of the same chemicals, then the facility would be required to report the amounts released to the surface impoundment. 254. A facility dewaters its underground mine and injects the water into a well on-site. Are the amounts of listed toxic chemicals injected considered a release to land, or are these amounts exempt under the "use of toxic chemicals present in process water and non-contact cooling water as drawn from the environment?" The water is not used, nor is it considered process water or non-contact cooling water. No. The exemption for toxic chemicals contained in water drawn from the environment or from municipal sources is provided for the use of water containing these chemicals in processes and for non-contact cooling purposes. The facility is not otherwise using the water drawn from the underground mine, and therefore, the intake water exemption does not apply. The facility is simply disposing of the water containing listed toxic chemicals as drawn from on-site, and therefore, the facility is not manufacturing, processing, or otherwise using these chemicals. These amounts would not count toward thresholds. However, the facility is disposing of these chemicals and if a threshold is exceeded elsewhere at the facility for one of the same chemicals, then the facility would be required to count amounts injected as released. 255. A covered facility collects run-off from ore piles, natural topography, waste rock piles, and other on-site features in an on-site pit. The facility precipitates metals from the collected water by adding hydroxides to the pit. Is the resulting sludge, and any discharges from the pit, exempt from release and other waste management reporting under the intake water exemption? The intake water exemption is specifically limited to otherwise use of toxic chemicals present "in process water and non-contact cooling water as drawn from the environment or from municipal sources". (40 CFR Section 372.38(c)(5)) In the scenario described above, the facility is actively using hydroxides to precipitate out metals. The facility is using storm water run-off as part of its process sequence to extract desirable materials. Amounts of listed toxic chemicals contained in storm water run-off are exempt from otherwise use threshold calculations, but any new listed toxic chemicals which are manufactured from the facility's use of the storm water must be counted toward the facility's manufacturing threshold. Likewise, any toxic chemicals that are recovered and distributed in commerce must be considered toward the facility's processing threshold. The facility would also have to 80 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Intake Water Exemption, Personal Use Exemption, Employee Comfort Intake Water Exemption Intake Water Exemption, Processing of Intake Water Facility Maintenance Exemption, Process Equipment Maintenance account for amounts of listed chemicals acquired by the storm water after the storm water has run onto and off of equipment and buildings. 256. Do we have to count the chlorine in the city water we use? Are water treatment chemicals such as chlorine covered? You are not required to account for amounts of a listed toxic chemical present in water that you draw into your facility from the environment or municipal sources (40 CFR Section 372.38(c)(5)). For example, chlorine present in water taken from municipal sources does not have to be considered for threshold determinations and release and other waste management estimates. Any chlorine you use to treat process water used in your facility, however, counts toward the otherwise use threshold determination. However, if you use the chlorine to treat drinking water for personal use at the facility the chlorine is exempt under the personal use exemption from threshold and release and other waste management calculations (40 CFR Section 372.38(c)(3)). 257. A covered facility draws drinking water from an on-site well. The water contains a Section 313 chemical as a contaminant. Must the facility count the amount of the contaminant in its threshold determinations? No. The listed toxic chemicals in the water would be exempt from Form R reporting under the personal use exemption if the water is for the employees consumptive use on-site (40 CFR Section 372.38(c)(3)). 258. A covered facility dewaters its underground mine and sells the water which contains reportable toxic chemicals to other facilities. Are toxic chemicals in the water exempt from threshold determinations? No. If a facility sells water that it extracts from its underground mine, it is processing the water and any listed toxic chemicals contained in the water must be considered toward threshold determinations and release and other waste management calculations. B. Facility Maintenance and Structural Components 259. How is routine janitorial maintenance defined in the exemption list? Is equipment maintenance included? Equipment maintenance such as the use of oil or grease is not exempt. The routine janitorial and facility grounds maintenance exemption is intended to cover janitorial or other custodial or plant grounds maintenance activities using such substances as bathroom cleaners, or fertilizers and pesticides used to maintain lawns (40 CFR Section 372.38(c)(2)). 81 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Facility Maintenance Exemption, Process Equipment Maintenance Facility Maintenance Exemption, Recreational Use, Swimming Pool Facility Maintenance Exemption, Similar in Type or Concentration, Manufacture 260. An EPCRA Section 313 toxic chemical is used to clean a process- related tower at a manufacturing/act/iYy. Is the use of the chemical exempt from threshold and release and other waste management calculations under the routine janitorial and facility grounds maintenance exemption of 40 CFR Section 372.38(c)(2)? No. Materials used to maintain process-related equipment at a facility (e.g.. cleaners and lubricants) are not exempt under Section 372.38(c)(2). Because the tower is process related, the exemption does not apply. This exemption only applies to the use of products that are specifically used for routine janitorial or facility grounds maintenance. 261. A facility maintains a swimming pool on the facility site for recreational use by the facility employees. Chlorine is used to treat the swimming pool water. Is the chlorine so utilized by the facility subject to threshold and release and other waste management calculations under EPCRA Section 313? No. The chlorine used to treat the swimming pool water is exempt from threshold and release and other waste management calculations under the exemption found at 40 CFR Section 372.38(c)(2) for use of products for routine janitorial or facility grounds maintenance. 262. An EPCRA Section 313 covered facility uses 55-gallon drums of paint containing a listed toxic chemical to paint lines on the roads. Paint is also used to maintain road signs and facility building signs. Would the listed toxic chemicals in the paint be exempt from EPCRA Section 313 reporting requirements under the facility grounds maintenance exemption found at 40 CFR Section 372.38(c)(2)? The facility grounds maintenance exemption in 40 CFR Section 372.28(c)(2) applies to the use of products used for routine janitorial or facility grounds maintenance. This exemption includes both individually packaged products (e.g.. cans of paint) and substances in bulk containers (e.g.. 55-gallon drums of paint). Therefore, if the paint in the drums used to maintain the roads and the signs is similar in type and concentration to consumer products, the listed toxic chemicals in the paint would be exempt from EPCRA Section 313 reporting requirements. However, if the paint is used for process-related roads or equipment, such as airstrips at federal facilities., the exemption would not apply. 82 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Facility Maintenance Exemption, Similar in Type or Concentration, Coincidental Manufacture Facility Maintenance Exemption Facility Maintenance Exemption, Otherwise Use Facility Maintenance Exemption, Otherwise Use, Cooling Towers Facility Maintenance Exemption, Pesticides 263. A covered facility has an ornamental pond on-site. Does the addition of listed toxic chemicals to an ornamental pond on a facility site qualify for the routine janitorial or facility grounds maintenance exemption (40 CFR Section 372.38(c)(2))? Yes. The facility grounds maintenance exemption applies. However, the facility owner/operator should also be aware that the coincidental manufacture of other toxic chemicals may result (e.g.. nitrate compounds) and, any listed chemicals manufactured must be applied to the manufacturing threshold. 264. It appears that janitorial type chemicals are exempt. Does this mean that if I use formaldehyde as a disinfectant in a sterile area in excess of the threshold, it is exempt? No. The use of the disinfectant described in the question seems to be process-related and is therefore not exempt. Also, "janitorial type chemicals" are not exempt; rather, toxic chemicals used for routine janitorial or facility grounds maintenance are exempt. 265. A covered facility uses a contact cleaner to clean relays that are used to control lights. For Section 313 purposes, is this use exempt as part of routine janitorial grounds maintenance or must the amount of the listed toxic chemical in the cleaner used be included in an applicable threshold? The use of the cleaner is not exempt because it is not a janitorial use and does not relate to facility grounds maintenance. The use is integral to the production processes of the facility. Therefore, the amounts of the listed toxic chemicals in the cleaner must be included in the calculation of otherwise use for the facility. 266. Are pesticides which are used to control algae in cooling water towers exempt? No, such pesticides would not all fall under the routine maintenance exemption. The otherwise use threshold would apply. 267. Would a facility that exterminates insects using pesticides containing listed toxic chemicals need to report for the listed toxic chemicals'! If the pesticides are used as part of routine facility maintenance and are not process related, they would be exempt under the facility grounds maintenance exemption (40 CFR Section 372.38(c)(2)). If the pesticides are used for the comfort of the facility personnel, the listed toxic chemicals would be exempt 83 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Facility Maintenance Exemption, Dust Suppressant, Ancillary Uses Structural Component Exemption, Stationary Equipment, Mobile Equipment, Welding Rods Structural Component Exemption, Paint, Solvents under the personal use exemption (40 CFR Section 372.38(c)(3)). However, if the pesticides are used to support the facility's process, neither exemption would apply, and a covered facility would need to consider the otherwise use of the listed toxic chemical in the pesticides in making threshold determinations. If the otherwise use threshold is exceeded, the facility should report the application of pesticides in Section 5.5.4 (Other Disposal). 268. Does a listed toxic chemical that is applied to a road as a dust suppressant qualify for the routine/aci'/iYy grounds maintenance exemption (40 CFR Section 372.38(c))? The application of a dust suppressant that contains listed toxic chemicals to land surfaces at the facility is beyond the scope of the "facility grounds maintenance" exemption. Listed toxic chemicals contained in mixtures used as dust suppressants are not eligible for the "facility grounds maintenance" exemption. The original intent of the facility grounds maintenance exemption was to provide facilities relief from tracking such ancillary uses of chemicals involved with such routine activities as janitorial cleaning supplies, fertilizers, and pesticides that are similar in type and concentration to consumer products. Dust suppressants are not products that are generally considered similar to consumer products. The large scale use of dust suppressants likely to occur at a mining extract! on facility is considered integral to the facility's process operations and of such a magnitude that amounts of listed toxic chemicals used for dust suppression are not eligible for the "facility grounds maintenance" exemption. 269. Would the structural component exemption apply to welding rods used to maintain process equipment? Would the structural component exemption apply to welding rods used to maintain non-process related equipment (40 CFR Section 372.38(c)(l))? No, welding rods used to maintain process equipment are not exempt. However, if the same rods are used solely to maintain the facility (such as in the repair of a door frame) then the facility maintenance exemption would apply. 270. Are solvents and other listed toxic chemicals in paint used to maintain a facility exempt? Yes. Painting to maintain the physical integrity of the facility is consistent with the structural component exemption (provided that it is used to paint passive structures), even though the solvents in the paint do not become part of the structure (40 CFR Section 372.38(c)(l)). 84 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Structural Component Exemption, Paint Structural Component Exemption, Paint, Pipes Structural Component Exemption, Paint, Pipes Structural Component Exemption, Fuel 271. A covered facility routinely paints the exterior of on-site buildings. The solvent in the paint is an EPCRA Section 313 toxic chemical. The paint brushes used to paint the buildings are cleaned with a solvent that is also an EPCRA Section 313 toxic chemical. Is the solvent used to clean the brushes subject to threshold determinations and release and other waste management calculations under Section 313? The structural component exemption set out at 40 CFR Section 372.38(c)(l) applies to the solvent in the paint used to paint the facility. It also applies to the solvent used to clean the paint brushes since this is part of the painting process. Likewise, any paint and cleaning solvent residues would not be subject to threshold determinations and release and other waste management calculations. 272. Is the painting of process equipment to meet OSHA standards exempt from Form R threshold determinations and release and other waste management calculations under the structural component exemption? No. Painting process pipes would not qualify for the structural component exemption because the exemption only applies to non-process related equipment (40 CFR Section 372.38(c)(l)). 273. Are listed toxic chemicals contained in paint that is used to paint processing equipment subject to threshold determination and release and other waste management reporting? Yes. Paint used on process related equipment would not qualify for the structural component exemption. Amounts of listed toxic chemicals used to paint process related equipment must be considered toward threshold determinations and release and other waste management calculations. 274. An EPCRA Section 313 covered facility uses a fuel-powered paint sprayer for the sole purpose of painting the facility's structure. The listed toxic chemicals within the paint used to maintain the facility's appearance are exempt from EPCRA Section 313 threshold determination and release and other waste management reporting requirements under the structural component exemption (40 CFR Section 372.38(c)(l)). The fuel used to power the paint sprayer also contains listed toxic chemicals reportable under EPCRA Section 313. Must the listed toxic chemicals in the fuel be applied toward the 10,000- pound otherwise use threshold? No. The listed toxic chemicals are exempt from EPCRA Section 313 threshold determinations and release and other waste management reporting requirements. Although the structural component exemption most commonly 85 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Structural Component Exemption, Pipes Structural Component Exemption, Pipes Threshold Determination, Aluminum Oxide, Structural Component Exemption applies to toxic chemicals incorporated into & facility's physical structure, the exemption also extends to toxic chemicals whose sole use derives from or is associated with an exempt use. Examples of toxic chemicals exempt in this manner include solvents used to clean paint brushes that were used to paint a facility's structure and fumes generated from the welding of non-process related pipes during installation at a facility. Be aware that the combustion of fuels may coincidentally manufacture Section 313 toxic chemicals. Such coincidental manufacture is not eligible for de minimis limitations (see the directive on de minimis) or the structural component exemption and amounts produced must be compared against the manufacturing threshold. The EPA publication, Toxic Air Pollutant Emission Factor - A Compilation of Selected Air Toxic Compounds and Sources (EPA 45/2-88-006a) contains emission factors for many specific compounds emitted during fuel combustion. 275. Are the listed toxic chemicals contained in process related equipment, such as piping, eligible for the structural component exemption? No. If pipes are process related, the structural component exemption does not apply and the facility may have to consider toward the facility's threshold determination, amounts of listed toxic chemicals contained in process related pipes that are put into use during the reporting year. And the facility would have to include release and other waste management amounts in calculations where applicable. 276. Does the structural component exemption (40 CFR Section 372.38(c)(l)) cover the small amounts of abraded or corroded metals from pipes and other equipment that become part of process streams? If the pipes are not process related, the structural component exemption would apply and the listed toxic chemicals contained in the pipes would not need to be considered in threshold determinations and release or other waste management calculations. If the pipes are process related, the structural component exemption does not apply, and if the facility exceeds a threshold for the listed toxic chemical, any releases and other waste management of the listed toxic chemical should be reported. 277. A foundry uses aluminum oxide in grinding wheels as well as in the refractory brick that lines the furnace. Must the facility count the aluminum oxide in the brick toward the reporting threshold, or is the brick exempt as part of the structure of the facility'! The aluminum oxide in the brick must be counted toward the otherwise use threshold if it is a fibrous, man-made form of aluminum oxide. It does not meet the structural component exemption because it is a material that is, in essence, a replaceable insulation liner that is part of the process. If releases 86 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Structural Component Exemption Structural Component Exemption, Active/Passive Degradation Article Exemption, Structural Component Exemption, Cement Kiln Equipment from the brick amount to less than 0.5 Ibs over the course of the reporting year, the article exemption may apply. 278. Does material contained in the structure of a building need to be reported? No. Structural materials not associated with the process are exempt from reporting. They are exempt from threshold determinations and release and other waste management calculations and also from the maximum quantity on site. 279. The structural component exemption under EPCRA Section 313 covers the small amounts of abraded/corroded metals from pipes and other non-process related/aci'/iYy equipment (40 CFR Section 372.38 (c)(l)). Does the structural component exemption apply to equipment which regularly suffers abrasion, such as grinding wheels and metal working tools? What criteria can a facility use to decide which pieces of equipment are structural components and which are not? The EPCRA Section 313 structural components exemption would not apply to grinding wheels and metal working tools. These items are intended to wear down and to be replaced because of the nature of their use. The structural component exemption applies to passive, non-process related structures, such as pipes for potable water not related to the facility's process. The abrasion/corrosion includes normal or natural degradation, such as occurs in pipes, but not active degradation, such as occurs in a grinding wheel. 280. Can some equipment used in the production processes of cement kiln manufacturers (e.g., grinding balls, hammers, kiln chains, mill liners and lining bars, and cooler grates and side wall liners) qualify for the structural component exemption or the article exemption? The structural exemption does not apply to these uses of toxic chemicals. EPA believes that grinding balls, hammers, kiln chains, mill liners and lining bars, and cooler grates and side wall liners are all integral components of the process activities at the facility. Therefore, these items would not be eligible for the structural component exemption. The article exemption may apply to these items. The article exemption is meant for the processing or otherwise use of manufactured items that: are formed to a specific shape or design during manufacture; have end use functions dependent in whole or in part upon its shape or design and do not release a toxic chemical under normal conditions of processing or use of that item at the facility (February 16, 1988; 53 FR 4507). The grinding balls, hammers, kiln chains, mill liners and lifting bars, and cooler grates and side 87 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Structural Component Exemption, Article Exemption Structural Component Exemption, Degreasers, Otherwise Use Structural Component Exemption, Active Degradation, Electroplating Structural Component Exemption, Asbestos wall liners are being otherwise used by the facility. Therefore, if these pieces of equipment meet the three criteria above throughout their use during the calendar year, the exemption may be taken. 281. If a covered facility stores a listed toxic chemical on-site, and then uses it by installing it in the facility, is the facility required to consider the listed toxic chemical (a component) for EPCRA Section 313? When the listed toxic chemical is installed as a passive structural component (a component not related to the facility's process), then the structural component exemption applies to the toxic chemical in the component (40 CFR Section 372.38(c)(l)). If the toxic chemical is in a process-related component, the structural component exemption does not apply. However, if there are less than 0.5 Ibs of releases of the toxic chemical over the course of the year, it may qualify for the article exemption. (See also Appendix A: Section 313 Policy Directive #1 - Article Exemption.) 282. Are degreasers employed in plant maintenance shops exempt under the structural component exemption (40 CFR Section 372.38(c)(l))? No, degreasers used in plant maintenance do not meet the structural component exemption. The listed toxic chemicals in the degreasers would be considered towards the facility's otherwise use threshold. 283. As part of the equipment involved in a hard chrome plating process, lead anodes conduct a current to parts being plated. The lead anodes do not provide a metallic ion to the plating process, but only act as bus bars to conduct the electrical current. The anodes require replacement over time due to erosion just like other pieces of electrical supply equipment. The anodes are solidly connected to the electrical supply system for the sole purpose of conducting electricity. Are the anodes considered a structural component of the facility and therefore, exempt from reporting under the structural components exemption (40 CFR Section 372.38(c)(l))? No, the lead anodes are not considered exempt as a structural component since they play such an integral role in an electrochemical process. The erosion which the anodes undergo is not the same as other electrical supply equipment since the degradation is specifically caused by contact with process chemicals in a plating bath. 284. \facility is removing asbestos insulation for disposal. Is this activity covered by the structural component exemption? The removal for disposal of friable asbestos insulation is not considered to be the manufacture, process, or otherwise use of friable asbestos. Since friable asbestos is not being otherwise used in this activity, the structural component 88 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Motor Vehicle Exemption, Gasoline, Anti-freeze Motor Vehicle Exemption, Mining Vehicles Motor Vehicle Exemption exemption cannot be taken. However, if the facility does manufacture, process, or otherwise use friable asbestos in excess of the thresholds elsewhere at the facility, this type of off-site transfer would be reportable in Part II, Sections 6.2 and 8.1. C. Vehicle Maintenance (see also Appendix A: Section 313 Policy Directive #3 -Motor Vehicles Use Exemption) 285. Please verify that any motor vehicle operated by the facility, whether licensed or not, is eligible for the exemption listed in 40 CFR Section 372.38(c)(4). This includes forklifts and automobiles. Also, please verify that gasoline, lubricants, oils and antifreeze are all considered to be substances subject to this exemption. The motor vehicle exemption does not include all motor vehicles in any use at the facility. The exemption only applies to the otherwise use of the toxic chemical. It does not apply to processing or manufacturing of toxic chemicals. For example, this exemption would not apply in the case of an automobile manufacturing plant. As part of the production of vehicles, such & facility would be incorporating the toxic chemicals into an article for distribution in commerce. Another example of a nonexempt activity would be the manufacture of combustion byproducts from motor vehicles. The motor vehicle exemption does apply to components of gasoline (e.g.. benzene); lubricants and oils; and antifreeze used to maintain and operate a motor vehicle employed at the facility. 286. Are toxic chemicals used to maintain fleets of large earth-moving vehicles at mining facilities exempt from threshold determinations and release or other waste management reporting? Yes. Listed toxic chemicals used to maintain motor vehicles owned and operated by the facility are eligible for the motor vehicle exemption. 287. A single company owns many facilities which are required to report under Section 313. The company stores gasoline at one of the facilities. The gasoline is used by trucks from all of the facilities, which come to the off-site central location for fuel and then leave. Is the gasoline in the storage tank exempt because it is used to maintain motor vehicles even though the vehicles are operated by different facilities'! The motor vehicle exemption only applies to the otherwise use of toxic chemicals in motor vehicles that are stationed at the facility that holds the gasoline. Since the facility with the gasoline storage unit is incorporating 89 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Motor Vehicle Exemption, Non-Motorized Barge Motor Vehicle Exemption, Railcars, Tractor Trailers Motor Vehicle Exemption, Jet Fuel Motor Vehicle Exemption, Used Motor Oil toxic chemicals into trucks which are then sent back to another facility, the facility storing the gasoline is processing the toxic chemicals. Therefore, the gasoline used to fuel off-site trucks would not be exempt from reporting pursuant to 40 CFR Section 372.38(c)(4). Instead, the facility should consider the toxic chemicals in the gasoline towards their processing threshold. The facilities that have their trucks fueled at another station may be eligible for the motor vehicle exemption for the toxic chemical in the gasoline otherwise used on-site. 288. Are chemicals used to maintain a non-motorized barge stationed at a facility eligible for the motor vehicle maintenance exemption? Listed toxic chemicals used to maintain a non-motorized barge are not eligible for the motor vehicle maintenance exemption because the barge is not a motor vehicle. Toxic chemicals used to maintain the non-motorized barge must be factored into threshold determinations and release or other waste management calculations. Additionally, listed toxic chemicals used to operate machinery positioned on the barge, such as dredging equipment or cranes, are similarly not eligible for the motor vehicle exemption. 289. Does the motor vehicle exemption apply to railcars, which contain no motors; e.g., maintenance of railcars or tractor trailers? Chemicals such as paint and lubricants used to maintain railcars are not eligible for the motor vehicle maintenance exemption. Tractor trailers or railcars are not themselves motor vehicles and listed toxic chemicals contained in mixtures used to maintain them are not eligible for the motor vehicle maintenance exemption. 290. An airplane manufacturer uses JP4, a jet fuel, to move the planes around the facility. Can this fuel be considered exempt under the "maintenance of motor vehicles used at the facility" exemption? Amounts of fuel used only at the facility to transport vehicles on the facility's property do not have to be counted towards thresholds and can be included under the motor vehicle exemption. If the jet fuel is in the planes when they leave the site to be sold or distributed in commerce, then the facility is considered to he processing the jet fuel and the listed chemicals in the fuel are subject to threshold determinations and release and other waste management calculations. 291. How does a facility that collects a quantity of used motor oil from motor vehicles owned and operated by the facility consider amounts of the used oil that are sent off-site for recycling? Amounts of releases (including disposal) or other waste management practices associated with an exempt otherwise use of listed toxic chemicals 90 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Laboratory Activity Exemption, QA/QC Activities Laboratory Activity Exemption, Technically Qualified Individual, TSCA Laboratory Activity Exemption Laboratory Activity Exemption are also exempt from release or other waste management calculations, provided the facility does not conduct a subsequent non-exempt activity involving the chemical. D. Laboratory Activities 292. Does EPCRA Section 313 reporting include laboratory chemicals? Yes. However, the quantity of a listed toxic chemical manufactured, processed, or otherwise used in a laboratory under the supervision of a technically qualified person is exempt from threshold determinations and release and other waste management calculations. This exemption includes laboratories performing quality control activities including those located in covered facilities (40 CFR Section 372.38(d)). 293. 40 CFR Section 372.38(d) lists uses of listed toxic chemicals in laboratories which are exempt from threshold determination and release and other waste management reporting. It states: "if a toxic chemical is manufactured, processed, or otherwise used in a laboratory at a covered facility under the supervision of a technically qualified individual, as defined in Section 720.3(ee) of this title," it is excluded from 313 reporting requirements. What does this reference for technically qualified individuals include? Section 720.3(ee) is found in the Toxic Substances Control Act (TSCA) regulations (40 CFR Section 720.3(ee)) and defines "technically qualified individual" as a person or persons who, because of education, training or experience, or a combination of these factors, is capable of understanding and minimizing risks associated with the substance, and is responsible for safe procurement, storage, use, and disposal within the scope of research. 294. If a facility has covered activities and exempted laboratory activities on the same site, does the site have to include the exempted laboratory activities in the threshold determinations? No. The facility does not need to consider listed toxic chemicals used in exempt laboratory activities when making threshold determinations and release and other waste management calculations. 295. 40 CFR Section 372.38(d) states that if an EPCRA Section 313 toxic chemical is manufactured, processed, or otherwise used in a laboratory at an EPCRA Section 313 covered facility, the chemical does not have to be counted for threshold determinations and release and other waste management calculations. Must the threshold activity or release and other waste management activities take place in a laboratory or laboratory setting in order to be eligible for the laboratory activity exemption? 91 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers SIC Code, Pilot Plant, Laboratory Activity Exemption Laboratory Activity Exemption, Speciality Chemical Production Laboratory Activity Exemption, QA/QC Activities Laboratory Activity Exemption, Quality Control, Samples Laboratory Activity Exemption, QA/QC Activities For toxic chemicals to be exempted from reporting under the laboratory activities exemption, the activities must take place inside the laboratory. (40 CFR Section 372.38(d)(3)). 296. Does a pilot plant within a covered SIC code have to report or is it covered by the laboratory activities exemption? A pilot plant within the appropriate SIC codes is a covered facility if it meets the employee and chemical threshold criteria. Pilot plants are not covered by the laboratory activities exemption. 297. What is meant by "speciality chemical production" as an exception to the laboratory activities exemption? Specialty chemical production refers to listed toxic chemicals produced in a laboratory setting that are distributed in commerce. 298. Does the exemption for laboratory activities also cover quality control labs? There is no specific "quality control lab" exemption. Rather, the exemption applies to activities in a laboratory in which a listed toxic chemical is manufactured, processed, or otherwise used under the supervision of a "technically qualified individual." This exemption can cover activities in quality control labs. 299. If a covered 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? Yes, provided that the laboratory at the covered facility is under the direct supervision of a technically qualified individual as provided in 40 CFR Section 372.38(d). The laboratory exemption applies to the manufacture, process, or otherwise use of listed toxic chemicals and any associated release or other waste management amounts that take place in a qualified laboratory. 300. A facility sends materials that are sampled from processing operations to a laboratory off-site for quality control purposes. Are these quantities exempted under the laboratory activity exemption, provided that they are handled by a technically qualified individual (40 CFR Section 372.38(d))? No, The laboratory exemption applies to toxic chemicals that are manufactured, processed, or otherwise used in an on-site laboratory under the direction of a technically qualified individual. Amounts of toxic chemicals 92 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Laboratory Activity Exemption, Quality Control, Samples Laboratory Activity Exemption, Quality Control, Samples Laboratory Activity Exemption, Pilot Plant sent to off-site laboratories are not eligible for this exemption and these amounts must be considered toward the facility's threshold determination. 301. A TSD facility regulated under RCRA Subtitle C takes a sample from a process stream (i.e., wastestream), that has already undergone treatment, to be tested in a laboratory for quality control purposes. The waste is tested in a laboratory under the supervision of a technically qualified individual. The TSDF then places the sample back into the treated wastestream before being sent off-site for disposal. Provided the TSDF exceeds an activity threshold for the toxic chemical, is the TSDF required to report the off-site transfer of the sample in Part II, Section 6.2 of the Form R? No. The portion of the waste released (including disposed) that is manufactured, processed, or otherwise used in a laboratory under the supervision of a technically qualified individual is eligible for the laboratory activities exemption (40 CFR Section 372.38). Amounts sampled by the on- site laboratory do not have to be included in the facility's off-site transfer figures provided that the waste sample does not undergo any further non- exempt otherwise use or processing activity before leaving the facility. 302. A TSD facility regulated under RCRA Subtitle C takes a sample from a process stream (i.e., wastestream) to be tested in a laboratory for quality control purposes. The waste is tested in a laboratory under the supervision of a technically qualified individual. The TSD facility then places the sample back into the process stream where it undergoes further treatment and is destroyed. Provided the TSD facility exceeds an activity threshold for the toxic chemical, is the TSD facility required to consider the amount of the toxic chemical treated for destruction as part of the facility's otherwise use of the listed toxic chemical, as well as report any amount in Part II, Sections 5 and B of the Form R as appropriate? Yes. Despite the fact that the toxic chemical may have been eligible for the laboratory exemption, amounts of the listed toxic chemicals were returned to a process stream and subject to subsequent manufacture,process, or otherwise use activities. Activities performed involving listed toxic chemicals subsequent to an exempted activity must be considered toward threshold determinations and release and other waste management calculations. Since the sample was placed back into the process stream and subsequently otherwise used(i^_, destroyed), amounts of the listed toxic chemical must be considered toward threshold determinations and release and other waste management calculations. 303. If a pilot plant is contained within a laboratory, assuming the rest of the laboratory deals with research and quality control, must the facility calculate the threshold based on the entire lab, or just on the chemicals used for the pilot plant? 93 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Laboratory Activity Exemption, Research and Development Activities Laboratory Activity Exemption, QA/QC Activities, Product Testing Product Testing, Laboratory Activity Exemption The facility would only be required to consider the pilot plant portion of the laboratory, assuming the remainder of the laboratory is under the supervision of a technically qualified individual. 304. A facility manufactures "prototype" vehicles (buses, etc.) for research and development. They otherwise use solvents that contain listed toxic chemicals in excess of the activity threshold. Are the listed toxic chemicals exempt under the laboratory activity exemption? Yes, if the listed toxic chemicals contained in the solvents are manufactured., processed, or otherwise used in a laboratory at a covered facility under the supervision of a technically qualified individual, then they are exempt from threshold determinations and release and other waste management reporting. 305. A. facility tests specific components of a machinery line. Its functions include testing for durability of engines, hydraulic systems, power trains, electrical systems and transmissions; building prototypes of products; and qualitative and quantitative analytical testing of materials in a chemical laboratory. Since these activities are test, development, and research oriented, is the facility eligible for the laboratory activity exemption (40 CFR Section 372.38(d))? Equipment and component testing is equivalent to laboratory activities and thus is eligible for the laboratory activity exemption as long as listed toxic chemicals are manufactured, processed, or otherwise used in a laboratory at a covered facility under the supervision of a technically qualified individual. 306. Are the following marine engine testing operations that use listed Section 313 toxic chemicals exempt under the laboratory activities exemption: (a) testing of production engines intended for sale in specialized engine test cells; (b) testing engines for research and development purposes in specialized engine test cells; (c) testing for research and development purposes in open water bodies? While all of the noted operations are considered "product testing" and as such are potential candidates for the laboratory exemption, only those listed toxic chemicals that are manufactured, processed, or otherwise used in a laboratory at a covered facility under the supervision of a technically qualified individual (40 CFR Section 372.38(d)) are exempt. Therefore, if these conditions are met, the testing of production engines intended for sale in specialized engine test cells and testing engines for research and development purposes in specialized engine test cells would be eligible for the exemption. However, the testing and research in open water bodies would not qualify because these activities are not being performed in a laboratory. 94 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Laboratory Activity Exemption, Testing Required for Permit Laboratory Activity Exemption, Laboratory Support Activity Laboratory Activity Exemption, Samples Laboratory Activity Exemption, Threshold, Manufacture 307. Are trial burns conducted in an incinerator for permitting purposes at TSD facilities exempt under the laboratory activity exemption, if conducted under the supervision of a technically qualified individual? No. The listed chemicals associated with trial-burns required for permitting purposes at TSD facilities are not conducted in laboratories. For activities to be exempt from threshold determinations and release and other waste management calculations under the laboratory activity exemption, the toxic chemicals must be manufactured, processed, or otherwise used in a laboratory at a covered facility under the supervision of a technically qualified individual (40 CFR Section 372.38(d)). 308. The owner/operator of a newspaper has a photography laboratory on-site that produces the pictures that appear in the newspaper. The laboratory does not perform product testing or analysis for the newspaper. The primary function of the photography laboratory is to develop film to be used in the newspaper. Will this photo laboratory meet the laboratory activity exemption under EPCRA Section 313 (40 CFR Section 372.38(d))? No. The laboratory activity exemption, 40 CFR Section 372.38(d), is primarily for laboratories that perform auxiliary functions for the manufacturing or processing activities at the facility. The photography laboratory does not perform an auxiliary function, but performs activities which are essential to the manufacturing of the newspaper, i.e.. they make a product (photographs) that is used in the manufacture of another product (newspaper), and therefore these activities are not exempt from reporting under EPCRA Section 313. 309. A covered facility prepares a product that contains a listed toxic chemical for sample distribution. The sample product is prepared on a small scale and is distributed to potential customers for trial use. Would the amount of toxic chemical processed in the preparation of these samples be exempted from threshold determinations and release and other waste management calculations under the laboratory activities exemption (40 CFR Section 378.38(d))? No. Amounts of listed toxic chemicals that are manufactured, processed, or otherwise used in conjunction with the preparation of trial samples are not excluded from threshold determinations and release and other waste management calculations under the laboratory activities exemption. 310. A company manufactures 26,000 pounds a year of a listed toxic chemical, 2,000 of which are manufactured and used in an on-site laboratory under the supervision of a technically qualified individual. Should the 2,000 pounds be counted toward determination of the manufacturing threshold under EPCRA Section 313, or will this 95 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Laboratory Activity Exemption, Threshold Determination, Release Calculation, Laboratory Support Activity Activity Threshold, Otherwise Use, Laboratory Activity Exemption manufacturing activity be exempt under the laboratory activity exemption (40 CFR Section 372.38(d))? The 2,000 pounds are exempt from the threshold determination for manufacturing under the laboratory activities exemption (40 CFR Section 372.38(d)) because the listed toxic chemical was manufactured in a laboratory under the supervision of a technically qualified individual. The facility will count only 24,000 pounds of the manufactured chemical toward its applicable manufacturing threshold. 311. A covered facility operates several on-site laboratories and shops (e.g., machine shops, glass blowing shops) that support the laboratory activities. Assuming the activities in the laboratories are exempt under 40 CFR Section 372.38(d), are the listed toxic chemicals used in the shops also exempt from threshold determinations and release and other waste management calculations? If the shops also support some nonexempt laboratory activities, would they be required to account for the fraction of chemicals used for nonexempt purposes? In either case the listed toxic chemicals used in the shops would not be exempt from threshold determinations and release and other waste management estimates. The fact that the shops support exempt laboratory activities does not exclude the listed toxic chemicals used in the shops from threshold determinations and release and other waste management estimates. The laboratory activities exemption in Section 372.38(d) applies to toxic chemicals that are manufactured, processed, or otherwise used for certain purposes (such as research or quality control) in a laboratory under the supervision of a technically qualified individual. This exemption does not exempt the facilities themselves, it only exempts those listed toxic chemicals that are manufactured, processed, or otherwise used in a laboratory during certain laboratory activities, from threshold determinations and release and other waste management estimates required under EPCRA Section 313. Specifically, Section 372.38(d)(3) states that the exemption does not apply to "activities conducted outside the laboratory." 312. A facility manufactures fire fighting and fire protection equipment. The facility has a training school on how to use that equipment. As part of the training school, on-site fires are set using gasoline containing benzene, a listed toxic chemical. For Section 313 threshold determinations, would this be an otherwise use of benzene, or would this use be exempt as product testing under the laboratory exemption? (40 CFR Section 372.38(d)) The benzene would be considered otherwise used for the Section 313 threshold determination since the benzene is being used in a nonincorporative activity in order to train individuals to use equipment. The laboratory activity 96 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Laboratory Activity Exemption, Process Laboratory Activity Exemption exemption is intended to cover activities in a laboratory (e.g.. product testing) under the supervision of a technically qualified individual. Training is not considered product testing nor research and development and thus would not be exempt under the laboratory activities exemption. 313. After otherwise using an EPCRA Section 313 toxic chemical in a laboratory setting under the supervision of a technically qualified individual, a covered facility sends the toxic chemical in waste off-site to be recycled. The facility also processes the same chemical elsewhere but below the 25,000 pound threshold (e.g., 20,000 pounds). The facility is eligible for the laboratory activity exemption for the amount of the listed toxic chemical otherwise used, processed, and manufactured in the laboratory and amounts of the listed toxic chemical released from the laboratory. (40 CFR Section 372.38(d)) Is the facility required to count the amount of the listed toxic chemical sent off-site for recycling (e.g., 8,000 pounds) from the laboratory toward the processing threshold? Covered facilities manufacturing., processing or otherwise using a toxic chemical in a laboratory setting under the supervision of a technically qualified individual, need not consider those quantities of the toxic chemical when determining EPCRA Section 313 chemical activity thresholds and calculating releases and other waste management amounts. The facility is eligible for the laboratory activity exemption for the amount of listed toxic chemical otherwise used, processed, and manufactured in the laboratory and amounts of the listed toxic chemical released or otherwise managed as waste from the laboratory. The covered facility is not required to count the amount of listed toxic chemical laboratory waste sent off-site for recycling (e.g.. 8,000 pounds) toward the processing threshold. Any other non-exempt quantities of the toxic chemical manufactured, processed or otherwise used on-site, however, should be considered towards the appropriate threshold to see if the facility triggers reporting for that toxic chemical. 314. A covered facility produces copper panels (e.g., circuit boards). A high percentage of these copper panels are produced as prototypes for facility research and development. The remainder of the copper panels are incorporated into products distributed in commerce. During production, all the copper panels are produced identically, in the same process, in the same facility, under the direct supervision of technically qualified individuals. Is the quantity of copper compounds manufactured and otherwise used for research and development eligible for the laboratory activity exemption and therefore excluded from threshold determinations? All copper compounds and any other toxic chemicals created or otherwise used during the production of the copper panels are considered towards the manufacturing or otherwise use thresholds. At this point in the panel 97 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers De Minimis Exemption, Trade Name Product production, the toxic chemicals manufactured or otherwise used in the entire panel production process are not eligible for the laboratory activities exemption. Those toxic chemicals in the panels distributed in commerce should also be considered towards the processing threshold. The toxic chemicals in the panels tested for research and development purposes become eligible for the laboratory activities exemption while the panels are being tested on-site under the supervision of a technically qualified individual in a laboratory setting. E. De Minimis (see also Appendix A: Section 313 Policy Directive #2 — De Minimis Exemption) 315. Please explain the de minimis concentration limitation under Section 313, and its application to mixtures and trade name products (40 CFR Section 372.38(a))? The de minimis exemption allows covered facilities to disregard certain minimal concentrations of listed toxic chemicals in mixtures or trade name products that they process or otherwise use when making threshold determinations and release and other waste management determinations. The de minimis exemption does not apply to the manufacture of a listed toxic chemical except if that listed toxic chemical is manufactured as an impurity and remains in the product distributed in commerce below the appropriate de minimis level or is imported below de minimis concentrations. The de minimis exemption does not apply to a byproduct manufactured coincidentally as a result of manufacturing, processing, otherwise use, or any waste management activity. When determining whether the de minimis exemption applies to a listed toxic chemical., the owner/operator should consider only the concentration of the listed toxic chemical in mixtures and trade name products in process streams in which the listed toxic chemical is undergoing a reportable activity. If the listed toxic chemical in a process stream is manufactured as an impurity or imported., processed, or otherwise used and is below the appropriate de minimis concentration level, then the quantity of the listed toxic chemical in that process stream does not have to be applied to threshold determinations nor included in release or other waste management calculations. If a listed toxic chemical in a process stream meets the de minimis exemption, all releases and other waste management activities associated with the listed toxic chemical in that stream are exempt from EPCRA Section 313 reporting. It is possible to meet an activity (e.g.. processing] threshold for a toxic chemical on afacility-wide basis, but not be required to calculate releases or other waste management quantities associated with a particular process because that process involves only mixtures or trade name products containing the toxic chemical below the de minimis level. 98 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 De Minimis Exemption, Otherwise Use De Minimis Exemption, Solvent Recovery Once a listed toxic chemical concentration is above the appropriate de minimis concentration, threshold determinations and release and other waste management calculations must be made, even if the chemical later falls below the de minimis level in the same process stream. Thus, all releases and other quantities managed as waste that occur after the de minimis level has been exceeded are subject to reporting. If a listed toxic chemical in a mixture or trade name product above the de minimis level is brought on-site, the de minimis exemption never applies. The de minimis concentration level is consistent with the OSHA Hazard Communication Standard requirements for development of Material Safety Data Sheets (MSDSs). The de minimis level is 1.0 percent except if the listed toxic chemical is an OSHA-defined carcinogen. The de minimis level for OSHA-defmed carcinogens is 0.1 percent. For mixtures or other trade name products that contain one or more members of a listed Section 313 toxic chemical category, the de minimis level applies to the aggregate concentration of all such members and not to each individually. The list of toxic chemicals in the publication Toxic Chemical Release Inventory Reporting Forms and Instructions for the current reporting year contains the de minimis values for each of the toxic chemicals and chemical categories. This de minimis exemption applies solely to mixtures and other trade name products. EPA's long-standing interpretation has been that mixture does not include waste. Therefore, the de minimis exemption cannot be applied to toxic chemicals in a waste even if the waste is being processed or otherwise used. 316. A metal mining facility receives ash that it directly incorporates in concrete which it then uses on-site to form cement blocks. Is this direct use of ash eligible for the de minimis exemption? The use of ash as a component of a mixture (concrete) that is otherwise used on-site to construct cement blocks constitutes an otherwise use of a material containing listed toxic chemicals and such amounts must be counted toward the facility's otherwise use of those chemicals. In this case, the ash is not considered a waste because it is not managed as a waste. Thus, the listed toxic chemicals contained in the ash are eligible for the de minimis exemption if they do not exceed the de minimis concentrations. 317. A covered facility receives a spent solvent, recovers the solvent and sells the recovered solvent in commerce. Is the recovered solvent considered a waste, and if not, is the reusable solvent considered a product? At what point might the solvent be eligible for the de minimis exemption? The recovery facility must consider the amount of the material that it feeds into the recycling operation toward the facility's processing threshold. The 99 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers De Minimis Exemption, Mixture, Impurity, Waste, Byproduct De Minimis Exemption, Coincidental Manufacture, Impurity Coincidental Manufacture, Chemical Category, De Minimis Exemption solvent is part of a waste (not usable in the form received) and therefore the amount processed is not eligible for the de minimis exemption until the recovery is complete and the solvent is no longer subject to further waste management activities. Once the recovery is complete, the solvent is no longer a waste and thus the recovery facility may take the de minimis exemption for amounts subsequently prepared for distribution in commerce. The purchasingyac/7/(y considers the recovered solvent as a new product and its sub sequent processing or otherwise use of the solvent may be eligible for the de minimis exemption. 318. Does the de minimis exemption apply regardless of whether a listed toxic chemical is present in a mixture as an impurity or separated out as a byproduct? Does it apply to toxic chemicals in waste? The de minimis exemption applies to impurities present in products processed, otherwise used, imported, or coincidentally manufactured as an impurity if the impurity remains in the product for distribution. The de minimis exemption does not apply to listed toxic chemicals that are manufactured as a byproduct regardless of whether the byproduct is a waste. 319. A. facility adds a chemical to water for pH control that results in the coincidental manufacture of another toxic chemical. This chemical is then applied to coal that is further distributed in commerce. Is the generated chemical considered an impurity and eligible for the de minimis exemption? No, under EPCRA Section 313, an impurity refers to a chemical that is coincidentally manufactured as a result of the manufacture, process, or otherwise use of another chemical, but is not separated from that chemical and remains primarily with the product or mixture. Because the listed toxic chemical is manufactured during the treatment of water and not during the processing of the primary product or mixture, it is not considered an impurity. In this case, the facility should consider amounts of chemicals manufactured toward the manufacturing threshold, to the extent that the facility has information on the amount of a toxic chemical that is manufactured. In addition, to the extent that the water and the toxic chemicals that are applied to the coal are intended to be incorporated into the coal product, the chemical manufactured in the water treatment process may also be processed. 320. A covered facility produces a non-listed inorganic heavy metal oxide. The ores used as raw materials for the production of the metal oxide contain EPCRA Section 313 toxic chemicals in small concentrations. During production, these impurities are chemically converted from oxides to sulfates or chlorides, separated from the main product stream, and discharged in wastes. At no point in the process 100 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 De Minimis Exemption, Metal Compounds De Minimis Exemption, Xylene, Mixed Isomer De Minimis Exemption does the concentration of an EPCRA Section 313 toxic chemical (i.e., the sum of the concentrations of compounds falling into any listed chemical category) ever exceed the appropriate de minimis concentration. Can the de minimis exemption apply to these activities? Because the toxic chemicals being coincidentally manufactured are in the same EPCRA Section 313 category, is the conversion considered manufacturing! The de minimis exemption does not apply in this instance. The de minimis exemption does not apply to chemical byproducts manufactured under Section 313. Additionally, any EPCRA Section 313 toxic chemicals manufactured during the facility's production process, even if the toxic chemicals are created from toxic chemicals in the same EPCRA Section 313 category, must be considered towards the facility's manufacturing threshold. Therefore, the facility must consider all the EPCRA Section 313 listed metal sulfates and chlorides created as a result of its production process for threshold determinations and release and other waste management reporting. 321. Does the de minimis exemption apply to the parent metal component of a compound in a mixture for Section 313 reporting? No. For threshold determinations, the weight percent of the whole compound in the mixture is used. In general, the de minimis value for compounds is one percent, unless the particular compound is itself an OSHA carcinogen and then the de minimis level is 0.1 percent. 322. For calculating de minimis for xylene (mixed isomers), should the isomers be aggregated to determine if the weight percent is less than one? Yes. To determine the de minimis for xylene (mixed isomers), the one percent would be applied to the aggregated isomer's weight percent in the mixture. For example, a mixture contains 30 pounds each of the three isomers, and 9,910 pounds of Chemical Z. The total xylene would be 90 pounds. That 90 pounds would constitute less than one percent of the total weight of 10,000 pounds, and would therefore, be exempt. 323. We are taking part in an experimental shale oil extraction process. When the shale is extracted, concentrations of a toxic chemical are present in trace amounts in the shale far below the de minimis concentration. Does the de minimis exemption apply? Yes, the de minimis exemption applies to the listed toxic chemical present in the shale provided that it '^processed or otherwise used. 101 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers De Minimis Exemption, De Minimis Level De Minimis Exemption, De Minimis Level, Carcinogen 324. How do we determine whether the de minimis level for a Section 313 listed toxic chemical should be 1 percent or 0.1 percent? The de minimis levels are dictated by determinations made by the National Toxicology Program (NTP), the Annual Report on Carcinogens, the International Agency for Research and Cancer (IARC) Minographs, or 29 CFRPart 1910, SubpartZ, Toxic and Hazardous Substances, Occupational Safety and Health Administrations. Toxic chemicals listed as carcinogens or potential carcinogens under NTP (classified as a known or probable carcinogens), IARC (classified as 1, 2A or 2B), or 29 CFR Part 1910, Subpart Z, have a 0.1 percent de minimis concentration level. EPA generally refers to these chemicals as the "OSHA carcinogens." All other toxic chemicals have a 1 percent de minimis concentration level. EPA periodically reviews the latest editions of the IARC and the NTP reports, as well as 29 CFR Part 1910, Subpart Z, to see if a listed chemical's status has changed and updates the EPCRA Section 313 lists accordingly. The list of toxic chemicals in the publication Toxic Chemical Release Inventory Reporting Forms and Instructions for the current reporting year contains the de minimis values for each of the toxic chemicals and chemical categories. The list is also available from the EPCRA hotline and on the EPA's TRI homepage on the Internet (http://www.epa.gov/opptintr/tri). Although not required to do so, EPA prepares this list as a courtesy to the reporting public 325. What is the basis for determining that a toxic chemical is subject to the 0.1 percent de minimis level rather than the 1.0 percent de minimis level, and when do changes in toxic chemical de minimis levels take effect? In the final rule (53 FR 4500, Feb. 16, 1988) that implements the reporting requirements of EPCRA Section 313, EPA adopts a de minimis exemption which permits facilities to disregard de minimis levels of listed toxic chemicals for threshold determinations and release and other waste management calculations. The regulations adopt a 0.1 percent de minimis level for chemicals that are carcinogens, as defined in 29 CFR Section 1910.1200(d)(4),as follows: "(4) Chemical manufacturers, importers and employers evaluating chemicals shall treat the following sources as establishing that a chemical is a carcinogen or potential carcinogen for hazard communication purposes: (I) National Toxicology Program (NTP), Annual Report on Carcinogens (latest edition); 102 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 De Minimis Exemption, Release Reporting De Minimis Exemption, Concentration Range (ii) International Agency for Research on Cancer (IARC) Monographs (latest editions); or (iii) 29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration." Therefore, once a chemical's status under NTP, IARC, or 29 CFR Part 1910, Subpart Z, indicates that the chemical is a carcinogen or potential carcinogen, the reporting facility may disregard levels of the chemical below the 0.1 percent de minimis concentration, provided that the other criteria for the de minimis exemption are met. For convenience purposes, EPA refers to these chemicals as the "OSHA carcinogens." If in reporting year "A," IARC or NTP classifies a chemical as a probable or known carcinogen (thus lowering the EPCRA Section 313 de minimis concentration from 1.0 to 0.1 percent), the lower de minimis concentration for the purposes of reporting would be applicable starting with reporting year "A+l." For example, vinyl acetate was classified as a group 2B chemical by IARC in 1995, so the lower de minimis level of 0.1 percent applied starting with the 1996 reporting year (i.e.. it was effective as of January 1, 1996, for reports due July 1, 1997). Suppliers would need to notify their customers of such changes with the first shipment in the year in which the change is applicable to reporting. If, as in the vinyl acetate example, the classification changes in 1995, then the supplier would notify customers with the first shipment on or after January 1, 1996. 326. If a covered facility has process streams with less than 1 percent (or 0.1 percent for carcinogens) of a listed chemical, do fugitive releases from these streams have to be included in release calculations? The de minimis exemption applies to process streams when a starting material for the process is a mixture containing less than 1 percent (or 0.1 percent) of a listed chemical. If the process stream is exempt under de minimis. releases from the stream are not reported on the Form R. 327. A covered facility uses a chemical mixture that contains a listed Section 313 toxic chemical. The concentration of the listed toxic chemical is given as a range on the Material Safety Data Sheet (MSDS). If the maximum and minimum concentrations are above and below the de minimis concentration level, how can the facility determine quantities for Section 313 compliance? The amount of the listed toxic chemical in the mixture that is at or above the de minimis level, and therefore counts towards the threshold, can be assumed 103 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers De Minimis Exemption, Concentration Range to be proportional to the ratio of the amount at or above de minimis concentration to the amount of the total concentration range. The concentration of the chemical in the mixture that is not exempt is the average of the de minimis level and the maximum concentrations. For example, assume that & facility manufactures 10 million pounds of a mixture containing 0.25-1.20 percent of a toxic chemical that is subject to a 1 percent de minimis level. The quantity of the mixture subject to reporting is: 10.000.000 Ibs x (1.20- 0.99} = (1.20- 0.25) 2,210,526 Ibs Non-exempt mixture This 2,210,526 pounds of non-exempt mixture is multiplied by the average concentration above the de minimis. which is 1.1 percent, or 1.20 + 0.99 = 0.011 2 2,210,526 x 0.011=24,316 pounds In this example, the amount of chemical that counts toward a threshold is 24,316 pounds. 328. A covered facility processes a mixture of chemicals which includes a non-carcinogenic listed toxic chemical present between concentrations of 0.5-1.0 percent, as stated on the MSDS provided with the mixture. Is the listed toxic chemical in the mixture eligible for the de minimis exemption? If not, how would a facility make a threshold determination for a toxic chemical whose concentration ranges from below the de minimis level to the de minimis level? A listed toxic chemical with a concentration range that has an upper bound equal to the de minimis level is not exempt from reporting under EPCRA Section 313. The exception applies only if the chemical concentration is below the de minimis level. The amount of the listed toxic chemical in the mixture that is at or above the de minimis level, and therefore counts towards the threshold, is proportional to the ratio of the amount at or above the de minimis concentration to the amount of the total concentration range. The concentration of the chemical in the mixture that is not exempt is the average of the de minimis level and the maximum concentration, which in this case is the same. The fraction of the listed toxic chemical that is not exempt is the fraction that is at the de minimis level, i.e.. 1 percent. The fraction that is exempt is that below the de minimis level, which is 0.5 percent - 0.9 percent (one significant figure). 104 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 De Minimis Exemption, Waste Ash, De Minimis For example, assume that & facility manufactures 10 million pounds of a mixture containing 0.5-1.0 percent of a toxic chemical that is subject to a 1 percent de minimis exemption. The quantity of the mixture subject to reporting is: 10.000.000 Ibs x (i.Q- 0.9} = (1.0- 0.5) 200,000 Ibs Non-exempt mixture 329. A raw material contains less than the de minimis level of a listed toxic chemical. During processing of the listed toxic chemical, its concentration remains below de minimis. However, the concentration of the listed toxic chemical in the wastestream that results from that processing activity is above the de minimis concentration level for that toxic chemical. The wastestream containing that listed toxic chemical is disposed in an on-site landfill. Should the toxic chemical handled in the process line be included in the facility's threshold determination? Do the quantities of the listed toxic chemical in wastestreams that are generated from this process require reporting? What about the listed toxic chemical present in the wastestream that is above the de minimis level? No. The de minimis exemption can be applied to the listed toxic chemical in the raw material that is processed. Because the de minimis exemption can be taken, the quantities processed do not have to be applied to the processing threshold for that toxic chemical at the facility and quantities of the listed toxic chemical that are released or otherwise managed as waste as a result of this specific processing activity are exempt from release and other waste management calculations. The exemption applies even if the listed toxic chemical is concentrated above the de minimis level in the wastestream resulting from that processing activity. 330. A covered facility combusts coal in a combustion unit. The coal contains a toxic chemical below de minimis amounts. During combustion, toxic chemicals are manufactured. The ash containing the toxic chemical is generated from the combustion of the coal. The ash is then sold to another facility for direct reuse in the manufacture of concrete blocks. If the toxic chemicals in the ash are below the appropriate de minimis concentration, are they eligible for the de minimis exemption? The toxic chemicals in the coal being combusted should be considered towards the facility's otherwise use threshold and this activity is eligible for the de minimis exemption. The toxic chemicals that are manufactured as a result of the combustion process are byproducts and therefore not eligible for the de minimis exemption. The toxic chemicals in the ash that is sold for direct reuse off-site are considered processed. After combustion, when the facility is preparing the toxic chemicals in ash for distribution in commerce, they are eligible for the de minimis exemption. 105 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers De Minimis Exemption, Byproduct Threshold Determination, De Minimis Exemption, Manufacture, Wastewater Treatment De Minimis Exemption De Minimis Exemption, Waste 331. A small quantity of a listed toxic chemical is manufactured in a wastestream. Are facility owners/operators required to include the amount of the listed toxic chemical present in the wastestream as part of the threshold determination if the concentration of the listed toxic chemical in the wastestream is below the de minimis level? Yes. This de minimis exemption applies solely to mixtures. EPA's long- standing interpretation has been that mixture does not include waste. Also, generally, de minimis does not apply to listed toxic chemicals that & facility manufactures. The de minimis exemption cannot be applied to listed toxic chemicals manufactured as a byproduct. 332. If a facility manufactures 900,000 gallons per day of a toxic chemical at a 0.5 percent concentration in a wastewater treatment system, is this quantity to be considered for threshold determinations and release and other waste management calculations? Since the chemical is manufactured at the facility as part of a waste treatment process, the de minimis exemption does not apply and the toxic chemical must be considered for both threshold determinations and release and other waste management calculations. 333. A covered facility receives chlorine in 100-ton tank car quantities in concentrations above the 1 percent de minimis level. The chlorine is transferred to a bleaching vessel to make a bleaching mixture, where its concentration drops below the de minimis level. Does the de minimis exemption apply? No. The mixture received by and initially processed by the facility contains chlorine above the de minimis concentration level. Because the mixture contained chlorine in a concentration above the 1 percent de minimis level, the de minimis exemption does not apply. The facility must consider the total weight percent of the chlorine in the mixture toward a threshold determination. Any amounts of the listed toxic chemical that are ultimately released or otherwise managed as waste as a result of this processing activity should be reported regardless of the concentration of the chlorine in the wastestream. 334. A covered facility otherwise uses a toxic chemical that is above the de minimis concentration in a mixture. How does the de minimis exemption apply to listed toxic chemical residues from this use contained within used or spent containers that the facility sends off-site for disposal"! The de minimis exemption cannot be applied to quantities of the listed toxic chemical in used or spent containers that are sent off-site for disposal because 106 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 De Minimis Exemption, Wastestream, Sewage, Otherwise Use De Minimis Exemption, Petroleum Refining De Minimis Exemption, Air Releases, Storage Tanks these quantities are being managed as a waste and the de minimis exemption does not apply to wastes. The de minimis exemption can only be applied to a listed toxic chemical in a mixture or trade name products that '^processed, otherwise used, manufactured as an impurity (that remains with the product), or imported, provided that the listed toxic chemical is present in the mixture or trade name product below the de minimis concentration level. 335. A covered metal mining/acuity receives sewage sludge from off-site for use in soil reclamation. Is the application of sewage sludge to land considered an otherwise use? Are the toxic chemicals used in the soil reclamation activity eligible for the de minimis exemption, and if so, how are amounts reported (e.g., released to land)? The metal mine is otherwise using the listed toxic chemicals contained in the sewage sludge as a soil building material. However, because the listed toxic chemicals contained in the sludge are being applied to land, the facility is managing the sewage sludge as a waste. Therefore, in this example, amounts of listed toxic chemicals being otherwise used are not eligible for the de minimis exemption. Amounts of listed toxic chemicals are reported as a release to land. The otherwise use of listed toxic chemicals., such as nitrate compounds for farming, is to be reported as a release to land in Section 5.5 of the Form R. 336. In petroleum refining processes, mixtures such as crude oils, petroleum products, and refinery process streams may contain trace amounts of listed toxic chemicals. During the refining process, these mixtures may undergo beneftciation activities which would result in the listed toxic chemicals being concentrated to levels that exceed the de minimis levels. Would the de minimis exemption apply to these processes? The de minimis exemption would apply to these toxic chemicals until they are concentrated above the applicable de minimis level. For purposes of threshold determinations and release and other waste management calculations, the facility would account for a listed toxic chemical from the first point in the process in which the concentration of the toxic chemical meets or exceeds the applicable de minimis level for that toxic chemical, in the process mixture. 337. As a petroleum refiner, do we have to estimate air releases of chemicals from storage tanks containing crude oil if the concentration of the chemical is below de minimis level? We understand that the amounts of these chemicals would be counted towards threshold since, after storage, we are extracting and purifying them to concentrations above de minimis. 107 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers De Minimis Exemption, Treatment Processes, Wastewater Treatment Ammonia, De Minimis Exemption De Minimis Exemption, Compound Category, Delimited Category Facilities that receive chemicals into the plant at concentrations below de minimis have to report releases and other waste management activities from that point in the process when the chemical's concentration exceeds de minimi s level. This facility would not have to report air emissions from their crude oil tanks for the chemicals present in oil below de minimis. For those above de minimis. they must report releases and other waste management activities. 338. Is the creation of listed chemicals in waste treatment processes exempt if the concentration is less than the de minimis level? No. The manufacture of a Section 313 chemical during a waste treatment process is not covered by the de minimis exemption. 339. A covered facility places ammonium chloride in water, and manufactures aqueous ammonia for use on-site. Does the de minimis exemption apply to this activity? No. The facility cannot take the de minimis exemption for this activity because the facility manufactured aqueous ammonia. The de minimis exemption does not apply to the manufacture of a toxic chemical, unless the toxic chemical is manufactured as an impurity and remains in the product distributed in commerce. Since the facility used the aqueous ammonia on- site and the ammonia is not an impurity that remains in a product distributed in commerce, the de minimis exemption does not apply. 340. When determining the de minimis level for members of an EPCRA Section 313 category, the total weight of all the members of the category in the mixture must be counted and compared to the applicable de minimis level. How would a facility determine the de minimis level for a mixture containing members of a category, such as the polycyclic aromatic compounds category, where one or more of the members has a different de minimis level than the others? For delimited categories in which one or more members have a lower de minimis level than the other members, two calculations are done. First, the weight of all members of the category in the mixture that have a 0.1 percent de minimis is determined and compared to the 0.1 percent de minimis level. Second, the weight of all members of the category in the mixture (both those with 0.1 percent and 1.0 percent de minimis) is determined and compared to the 1.0 percent de minimis. If only the first de minimis calculation is exceeded then only those chemicals with the 0.1 percent de minimis must be included in threshold and release and other waste management determinations. Therefore, category members with the 1.0 percent de minimis would be excluded from threshold and release and other 108 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Overburden, Waste Rock, Process, De Minimis Article Exemption, Threshold Determination waste management determinations if only the first de minimis calculation is exceeded. If the second de minimis calculation is exceeded then all of the category members in the mixture must be included in threshold determinations and release and other waste management calculations. 341. How should covered facilities consider consolidated rock that overlies an ore body and unconsolidated/consolidated materials that do not overlie an ore body but do not meet the classification as waste rock? Are these materials considered waste rock (i.e., de minimis exemption does not apply) for threshold determinations and release and other waste management calculations or, are they considered processed materials eligible for the de minimis exemption? For covered metal mining facilities, unconsolidated material that overlies a deposit of useful materials or ores is eligible for the "overburden exemption" and does not have to be considered toward threshold determinations, or release and other waste management calculations. This exemption does not apply to consolidated material or unconsolidated/consolidated materials that do not overlie a deposit of useful material and which may be displaced or otherwise managed during extraction. Similar to waste rock that is separated from the useful more mineralized material at the point of extraction, amounts of these materials are not considered toward any threshold activities. However, these materials are not exempt from release and other waste management reporting and must be included if thresholds are exceeded elsewhere at the facility for the same listed toxic chemicals. F. Articles 342. Are articles exempt from threshold determinations in normal processing, otherwise use, or disposal! An article would be exempt from threshold determinations if the article meets the criteria for exemption. The article must be a manufactured item: (1) which is formed to a specific shape or design during manufacture; (2) which has end use functions dependent in whole or in part upon its shape or design; and (3) which does not release a toxic chemical under normal conditions of processing or otherwise use of the item at the facility or establishments. If an item retains its initial thickness or diameter in whole or in part, as a result of normal processing or otherwise use, then it meets the first part of the definition. Disposal of materials that are recognizable as the processed article is not considered a release or management of a waste containing a listed toxic chemical from an article, and thus, does not negate the article status. 109 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Article Exemption, Threshold Determination Threshold Determination, Article Exemption, Recycle Article Exemption, Article Releases, Half Pound Policy Article Exemption, Manufacturing Article Article Exemption, Manufacturing Article 343. Are metal articles exempt from threshold determinations under normal processing or otherwise use! The fact that an item is metal is irrelevant because metals do not have special status under the article exemption. If the metal article meets all the criteria for the article exemption during normal processing and otherwise use, then it would be exempt from threshold determinations and release and other waste management calculations. 344. A covered facility manufactures "non-article" metal items. If all wastes from the manufacturing process are recycled, are the items still subject to threshold determinations? If a "non-article" metal item is processed but all wastes are recycled, the item is still subject to threshold determinations and release and other waste management calculations. The toxic chemicals therein must be applied to the appropriate thresholds. 345. Please clarify the Agency's half pound policy for the article exemption. The Agency has adopted a "round to the nearest pound policy." If the amount of a listed toxic chemical in releases from processing or otherwise using all like items is equal to or less than a half pound, this amount can be rounded to zero. Thus, the exemption would be maintained. The half pound limit does not apply to each individual article, but applies to the sum of all amounts released during processing or otherwise use of all like items over the entire reporting year. If the listed toxic chemical that is released exceeds a half pound and is completely recycled/reused, on-site or off-site, then the item may still maintain it status as an article. 346. Does the article exemption in the Section 313 rule apply to preparation (i.e., manufacture) of the article1! What about processing or otherwise using that article! The article exemption applies to the normal processing or otherwise use of an article. It does not apply to the manufacture of an article. For example, the manufacture of articles such as tableware is not exempt. Toxic chemicals processed into articles produced at & facility must be factored into threshold determinations and release and other waste management calculations. 347. A covered facility uses sheet metal to manufacture metal desks. When manufacturing the desks, the operator welds and solders some of the sheet metal together. Must the facility include the toxic chemicals in the welding rods, solders, and the metals being joined for its threshold determination? Does the metal desk meet the article exemption? 110 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Article Exemption, Components of Product Article Exemption, Article Releases, Welding Rods Article Exemption, Fume or Dust Qualifier If 0.5 pounds or less of the toxic chemical is released from all like articles in the reporting year and the overall thickness or diameter of the sheet metal is not changed when processed into the desk, the sheet metal would retain its article status. The desk itself would not meet the criteria for the article exemption because the exemption does not apply to the manufacture of articles. Also, because air emissions are generated from the welding and soldering rods when they are used, the owner/operator must assess the entire amount of the toxic chemical in the rods for processing threshold purposes. 348. A covered facility has a condenser that consists of many individual copper tubes. These copper tubes must be replaced periodically and are often replaced individually. Can each of the copper tubes be considered an article under Section 313? Each tube may be considered an article. However, for amounts of listed toxic chemicals to be exempt from threshold determinations and release and other waste management calculations under the article exemption, releases of all listed toxic chemicals for all "like" article?, must not exceed 0.5 pounds (see Toxic Release Inventory Forms and Instructions current version). In this example, releases from all the replaced copper tubes must not exceed 0.5 pounds for the reporting year for the amounts not to be considered. If the tubes are ineligible for the exemption, then amounts of listed toxic chemicals contained in the tubes replaced (put in service) during the reporting year must be counted towards thresholds. 349. Our facility uses welding rods for equipment maintenance. Can these be considered articles'! One of the three qualifying criteria for the article exemption (40 CFR Section 372.3), states that an article "does not release a toxic chemical under normal conditions of processing or otherwise use of that item at the facility or establishment." When the welding rod is used, a listed toxic chemical is released. Therefore, the welding rod can not be considered an article. 350. A facility generates metal dust when it processes sheet metal. Each dust particle is actually an alloy containing more than one type of metal (e.g., chromium and aluminum). If the toxic chemical in the metal is listed with a qualifier which includes dust (e.g., aluminum), does EPA consider the dust particle the listed toxic chemical! In this example, EPA considers metal dust particles, which contain aluminum in the dust form, a listed toxic chemical. Therefore, that weight percentage of the metal dust which is aluminum would be subject to threshold determinations and release and other waste management reporting as aluminum dust. Ill ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Article Exemption Article Exemption, Change in Diameter/ Thickness Article Exemption, Fume or Dust Qualifier Article Exemption, Process, Batteries 351. A covered facility uses a die block to manufacture items. When the block becomes worn and needs adjustments such as shaving and melting to restore its shape, how does the facility report on releases resulting from that activity? If, upon shaving and melting the die block, the diameter or thickness are not retained in whole or in part or toxic chemicals are released in an amount which exceeds 0.5 pounds for all like items in a reporting year, then the block would no longer qualify for the article exemption and the facility would have to perform threshold determinations and report releases and other waste management of the listed toxic chemical. When threshold determinations are made, the facility must consider the weight of the toxic chemical contained in the entire block for threshold determinations. However, only quantities in like articles that do not meet the article definition and were placed into use within the reporting year would be considered towards thresholds. Those items in use from previous years would not be considered in the threshold determinations for the current reporting year. 352. A mine's electrorefining operation uses an anode containing a toxic chemical. The anode is meant to degrade, and the thickness changes over the entire anode. Is this anode eligible for the article exemption? No. Since the item did not retain its original thickness in whole or in part, the anode is not considered an article. 353. A company processes a galvanized sheet metal containing elemental zinc, not a zinc compound. When the sheet metal is processed it generates zinc dust, all of which is captured and sent off-site for recycling. The sheet metal is formed to a specific shape and its end use functions depend in whole on its shape during end use. Can the company claim an exemption because the sheet metal remains an article, or must it do a threshold determination for zinc because it has coincidentally manufactured zinc in the dust form? Elemental zinc is listed with a qualifier, fume or dust, and is only reportable in the form of fume or dust. Thus, the zinc in the sheet metal would not count toward the threshold determinations since it is not in the fume or dust form. The zinc that is generated (in the form of fume or dust) as a result of the sheet metal processing is reportable and would be counted toward the 25,000 pound threshold determination for manufacturing, regardless of the sheet metal's article status. 354. If an automobile manufacturer receives finished car batteries and places these batteries into the cars they sell, must the automobile manufacturer report the lead which is incorporated in the battery? 112 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Article Exemption, Reportable Release Article Exemption, Glass Article Exemption, Article Releases If the car battery is completely sealed while present at the facility, it would be considered an article, and thus would be exempt from EPCRA Section 313 reporting. If lead is released from the batteries under normal processing at the facility., as might occur during maintenance of the battery, the release would negate the article exemption. If the exemption is negated, the amount of lead and any other toxic chemical in these non-article batteries would be applied toward the 25,000 pound processing threshold to determine if the facility must report. 355. I am a power tool manufacturer and we use copper, a listed toxic chemical. We receive copper plates and shave the rough edges off them. All of the shavings are vacuumed and sold to a scrap metal facility which makes ingots and sells them. Is the copper plate an article? How do I consider the shavings? Because all of the copper released from the plate is collected and reused, no reportable release has occurred and the article exemption is maintained. If the copper is disposed of, on the other hand, the plates lose the article status. 356. If glass is purchased (with about a 20 percent lead content) and its form is physically changed to make light bulbs, is that considered processing or does the article exemption apply? The article exemption does not apply because: (1) the end use of the glass is not dependent on the specific shape or design of the glass entering the process—the glass is melted and reshaped, and/or (2) emissions result from heating of the glass during processing. 357. A covered facility cuts metal sheets containing nickel, releasing fumes. It then further grinds the metal to its final shape, producing grindings. For the sheets to retain their article status, the fumes and grindings must be equal to or less than 0.5 pound/year to any media. Does this value apply to aggregate grindings and fumes from like articles being processed or otherwise used in the same way (i.e., cutting or grinding) or to grindings and fumes generated from all manners of processing or otherwise use of like articles'! The 0.5 pound/year release value applies to aggregate grindings and fumes from like articles being processed or otherwise used in all manners at the facility. This value applies to the total aggregate grindings and fumes of the listed toxic chemical from both steps of the process (i.e.. cutting and grinding). The various shapes resulting from the cutting are "the same type of item" as the initial sheet. Thus, the amount of fumes resulting from cutting should be added to the amount of resulting grindings. 113 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Article Exemption, Article Releases, Supplier Notification Article Exemption, Sheet Metal, Threshold Determination, Processing Determination Article Exemption, Wire, Compounds 358. A covered facility uses plastic containing di-(2-ethylhexyl) phthalate (DEHP) to wrap its products. The plastic is cut by a hot wire, a process during which minute quantities of DEHP are released. Is the plastic exempt from reporting and from supplier notification because it can be considered an article! The plastic wrap containing DEHP is not exempt as an article because quantities of DEHP are released during the cutting process. If a facility releases 0.5 pounds or less of DEHP during the reporting year from all like items, this amount can be rounded to zero and therefore would be exempt. If the facility can reasonably document that none of its customers are likely to release more than 0.5 pounds, no supplier notification is required. 359. A covered facility processes sheet metal that contains a listed toxic chemical. When processed, some pieces of the sheet metal are cut generating shavings which contain the listed toxic chemicals and which are not 100 percent recycled. Specifically, more than 0.5 Ibs is released from all like items during the reporting year, and therefore, the sheet metal does not meet the article exemption criteria. Must the facility consider the amount of the listed toxic chemical in the entire piece of sheet metal for threshold determinations or may the facility consider just the amount of listed toxic chemical in the area of the sheet metal that is cut? All of the listed toxic chemical in the entire piece of cut sheet metal must be counted toward the shavings or the processing threshold, not just the weight of the listed toxic chemical in the section of the item on which work is done. The weight of the listed toxic chemical in the entire piece of sheet metal is used; the exemption cannot apply to a portion of the article. 360. I use copper wire in one of my products. I cut it and bend it and then heat seal it into a glass bulb. How do I consider the copper wire for Section 313 reporting? First, the wire would remain an article if during the manufacture of the glass bulbs no toxic chemicals are released, and if the wire meets the other two criteria of the article exemption (i.e.. it is formed to a specific shape or design during manufacture and it has end use functions dependent in whole or in part upon its shape or design). If the wire is not an article, then for an element such as copper, both copper metal and copper compounds are subject to EPCRA Section 313 reporting. Determine the form of the copper in the wire first. If it is pure copper wire, the entire weight of the entire wire must be used. If it is an alloy, the weight percent of the toxic chemical times the entire wire weight must be used. If there are multiple copper compounds, the entire weight of each copper compound must be used for the processing threshold determination. 114 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Article Exemption, Wire Article Exemption, Wire Article Exemption, Sheet Metal 361. We cut copper wire into segments which are then wound around a motor part. The ends are not stacked and our engineer determined that no copper is released. Is the wire still an article! Cutting the wire into segments and winding it around a motor part do not negate the exemption since the diameter and thickness of the wire is not changed. The copper wire remains an article as long as no toxic chemicals (or less than 0.5 Ibs for all like items over the entire reporting year) are released during use. Since your engineer determined no copper is released, the article exemption does apply and the copper wire does not have to be considered for threshold determinations and releases and other waste management calculations. 362. Copper wire at a facility is cleansed by dipping it into a sulfuric acid solution. This acidic solution etches away a portion of the surface of the wire. The etched copper reacts with the acid to form copper sulfate. The wastestream containing the copper sulfate is sent directly to a POTW and no other releases of copper occur on-site to any other environmental media. Is the article exemption (40 CFR Section 372.38(b)) negated for the copper wire? The transfer of the copper sulfate to the POTW constitutes a release from the article. The release from the copper wire in the form of a copper compound would negate the article exemption for the copper wire. If the facility exceeds an activity threshold for the copper wire, a report must be filed for copper. In addition, if the 25,000 pound manufacturing threshold is exceeded for the copper sulfate, a report must also be filed for copper compounds. If a threshold for copper and copper compounds is individually met, the facility may file one report for both. 363. I run a metal fabrication facility, SIC code 34. If I cut the metal sheets and send the shavings off-site for reuse, can I consider the metal sheets articles'! Yes. If the only thing separated from the metal sheets during cutting are shavings, and if all the shavings are sent off-site for reuse, and the thickness of the metal sheet is not completely altered during processing, then the metal sheets are still considered articles and are exempt. If cutting results in shavings or other waste materials from the sheets, and if these shavings are completely captured and sent either on-site or off-site to be either recycled or reused, then the item (in this case, metal sheets) can retain the article exemption, given that the other criteria for exemption are met. 115 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Article Exemption, Sheet Metal, Article Releases Article Exemption, Sheet Metal Article Exemption, Article Releases Article Exemption, Bar Stock 364. A covered facility processes metal sheets containing nickel in a four- step process: (1) sheets are cut with a laser saw (releasing nickel fumes); (2) pieces are further ground to their final shape (releasing grindings); (3) ground pieces are sent off-site for heat treatment; and (4) heat treated pieces are returned to a facility where holes are bored (producing turnings) and the resultant pieces are assembled into the final product. How are releases reported? Although the pieces are sent off-site in step 3, they are returned to the process as essentially the same material. Thus, the activity is to be treated as a continuous process activity. If there is scrap material which is recognizable as the original form of the article, and if releases from steps 1, 2, and 4 (collectively), which are not recycled, do not exceed 0.5 pounds for the entire reporting year, then the metal sheets could be exempt as articles. 365. Does the article exemption apply to flat rolled sheet metals, if they are used in operations which typically produce scrap but no release? Assuming the scrap metal pieces are recognizable as the original piece, the article exemption does apply to these metals if the forming process caused 0.5 pounds or less of releases of a listed toxic chemical from all like items or the items retain the thickness of sheet metal in whole or in part. Once an operation is performed on a metal that causes a release which is not recycled and which exceeds 0.5 pounds for the reporting year (for example, from operations such as heating, grinding, or welding), the article exemption no longer applies and releases must be reported when listed chemicals in a sheet metal are processed in quantities greater than 25,000 pounds. 366. A metals working plant machines, cuts, forms, and joins plate, cylinder, and other purchased metal alloy parts. Alloys of nickel and chromium, above de minimis levels, arc processed in amounts that exceed 50,000 pounds per year. Does the article exemption apply since emissions from operations such as welding represent only a small fraction of the total metallic component of the surface area processed? Releases greater than 0.5 Ibs/yr of the chemicals contained in mixtures, including alloys, during fabrication operations disqualifies the item processed from the article exemption. Releases include the chemical component of fumes, dust, grindings, and turnings generated from metal fabrication activities. However, wastes generated in a form recognizable as the processed article (e.g.. pieces of a plate or cylinder) are exempt from release and other waste management calculations. 367. Is bar stock that is used to make precision tuned parts an article and thus exempt from Section 313 reporting? The bar stock is processed to produce parts that in whole or in part retain the basic dimensional 116 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Article Exemption, Bar Stock Article Exemption, Manufacturing Article, Plastic Bottles Article Exemption, Lead Bricks characteristic of the bar stock. The production of the part itself is dependent upon the specific shape and dimension of the bar stock and there are no releases during processing. Bar stock is an article if its basic dimensional characteristics are maintained in whole or in part in the finished product and if processing the bar stock does not result in releases. If the end product is totally different in diameter or thickness from the bar stock, the bar stock would not be an article. 368. Can covered facilities which extrude copper bars or rods into wire treat the bar or rod as an articled No. If you are completely changing the shape or form of an item during processing, the article exemption no longer applies. An article has end use functions dependent in whole or in part upon its shape or design during end use. The end use function is dependent upon the copper being in the shape of the wire, so the copper bar cannot be considered an article. Also, in the above example the thickness or diameter of the entire item has been altered. 369. A manufacturer of plastic bottles makes the bottles by blow- molding a mixture of plastic resin and polymer pellets that contain lead chromate (a toxic chemical) and fillers. Once the bottles are made, they are checked for flaws (i.e., a quality assurance check). Any bottles that do not pass the quality assurance test are placed in the facility dumpster and are subsequently disposed of in the local municipal landfill. Do these substandard bottles meet the article exemption and thereby exempt the lead chromate from being a release of a listed toxic chemical under Section 313? No. The manufacture of articles is not exempt. Thus, the lead chromate that is sent to the landfill is considered a release of lead chromate since the substandard bottles that are disposed of are waste from the manufacturing process. 370. A ship building facility incorporates lead bricks as ballast into the ships it distributes in commerce. The lead bricks remain permanently with the ship. They could be considered articles and therefore be exempt from reporting. However, the facility infrequently cuts some of the bricks, generating lead dust, which it collects and sends to an off-site lead reprocessor. How should the facility report? What should be counted towards the threshold if the lead bricks are not considered articles'! If all of the lead is recycled or reused then the lead dust does not have to be counted as a release. Therefore, the cut bricks retain their article status. If while cutting the bricks, there are releases which are not recycled and that 117 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Article Exemption, Article Releases, Steel Plates Article Exemption, Batteries Article Exemption, Catalyst exceed 0.5 pounds for a year, then the cut bricks would not be considered articles. In this case, count only the lead in bricks actually processed toward the threshold determination. Any amounts of toxic chemicals sent off-site for recycling would be reported appropriately on the Form R. 371. During the construction and repair of ships, small quantities of a listed toxic chemical are emitted in the form of fumes when steel plates are being welded together. The steel plates are formed to a specific shape during manufacture and their end use function is dependent upon their shape. Are these steel plates articles and should the amount of toxic chemical (fumes from the steel plates) emitted from the steel plates during the welding process be included in determining the threshold? If the processing or otherwise use of all like manufactured items results in the release of 0.5 pounds or less of a toxic chemical, EPA will allow this quantity to be rounded to zero and the steel plates may be exempt as articles. If the listed toxic chemical that is released exceeds 0.5 pounds over a calender year and is completely recycled or reused, on-site or off-site, then these steel plates may also be exempt as articles. Any amount that is not recycled or reused will count toward the 0.5 pound per year cut-off value. 372. How should a facility owner/operator handle the reporting requirement for listed toxic chemicals found in industrial and commercial batteries under EPCRA Section 313 that it uses on site? What if the facility manufactures the batteries? An already manufactured item (e.g.. maintenance-free batteries) containing a listed toxic chemical may be considered an article if the facility uses the item as intended and the listed toxic chemical is not emitted during its processing or otherwise use. If the facility services the item by replacing the listed toxic chemical, the amount of the listed toxic chemical added during the reporting year must be counted toward the threshold determination. For facilities which manufacture batteries, lead that is incorporated into a lead acid battery is processed to manufacture the battery, and; therefore, must be counted toward threshold determinations and release and other waste management calculations. The article exemption does not apply to the manufacture of an item. However, the use of the battery elsewhere in the facility may not have to be counted. Disposal of the battery after its use does not constitute a release. 373. A. facility uses a catalyst containing a listed toxic chemical in a fixed bed reactor. The catalyst is in the form of cylindrical or trilobed extrudates (pellets) in a specific size. It is used to promote a chemical reaction and is not physically altered during use. The spent catalyst is sent to a reclaimer for eventual reuse. Can the catalyst be exempted as an article under Section 313? 118 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Article Exemption Article Exemption, End Use Function Article Exemption, Recognizable as an Article, Disposal, Process, Lead No. Although the catalyst is manufactured to a specific shape or design, and has end use functions dependent upon its shape during end use, EPA believes that releases occur during transfer operations. Therefore, the article exemption does not apply. Such catalysts usually contain dust size material that is not the same size and shape of the pellets. The likely releases would be dust emissions and potential spills that occur during charging and removing the catalyst from the reactor. Such operations are part of the normal conditions of processing and otherwise use that must be considered under the article definition. The intent of EPCRA is to capture all releases, whether they are intentional or not. The spent catalyst sent off-site for recycling does not itself constitute a release that invalidates the article exemption, as long as all of the toxic chemical is recycled. The facility should also consider whether any on-site regeneration of the catalyst results in the toxic chemical being released in wastestreams. 374. A covered facility processes a metal item containing nickel. The finished product retains in part the dimension characteristics of the original item and all the metal shavings resulting from the process are sent off-site for recycling. Since the Pollution Prevention Act requires reporting of recycled amounts of a listed toxic chemical, does that mean the material is not an article"! The Pollution Prevention Act requirements do not affect the article status of the metal item. If all of the releases from the article are sent off-site for recycling, the item would still be exempt as an article. If this is the only occurrence of nickel in the facility, the facility would not have to report for nickel. 375. A facility manufactures lead came (i.e., slender, grooved, lead rods). A lead billet is placed into a press and pushed through a die to produce a unique form. The facility processes 100,000 pounds of lead came. Is this process exempt from reporting under the article exemption? The article exemption does not apply. The lead billet does not qualify as an article because it does not have an end use function other than to be of a size and shape convenient to further processing, and the end product is significantly different in shape and dimension from the starting material. Since the facility processes more than 25,000 pounds of lead, the facility must report for this toxic chemical. 376. A covered manufacturingyaci'/iYy produces neon signs by bending leaded glass tubing. The facility uses enough tubing annually to process in excess of 25,000 pounds of lead, an EPCRA Section 313 toxic chemical. When signs are formed from glass tubing, the diameter of the tubes remains unchanged and lead is not released during the heating or bending process, qualifying the tubes for the article exemption. If a discrete number of glass tubes are broken and discarded during the 119 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Article Exemption, Light Bulbs Article Exemption, PCB Transformers Article Exemption, PCB Transformers, Ancillary Use year, under what circumstances would disposal of the broken tubes constitute a release that negates the article exemption, and how would the facility calculate the amount of lead used in their operation? Disposal of the glass does not necessarily constitute a release which automatically negates the article exemption. For the tubing to meet the definition of an article when discarded, the diameter of the tubing must remain intact and unchanged. As a result, shards of glass no longer qualify as articles. If more than 0.5 pounds of lead is released and not recycled, then the article exemption would not apply to this glass tubing. 377. A facility subject to EPCRA Section 313 crushes light bulbs and uses the crushed glass in their process. The light bulb stems are not used in the process and are disposed. There is a lead "button" in each light bulb stem which is disposed. Is this button considered an article and therefore exempt from threshold and release and other waste management calculations under 40 CFR Section 372.38(b)? No, the lead buttons from crushed light bulbs would not be considered articles and the lead would not be exempt from threshold determinations and release and other waste management calculations. The lead in these buttons would not be counted toward any threshold. The facility would only be required to report the release of lead buttons if a threshold for lead was exceeded by a covered activity or other waste management elsewhere at the facility. 378. A covered facility uses PCB transformers. Are these considered to be articles, and therefore exempt from reporting under Section 313? PCB transformers are considered to be articles, as long as PCBs are not released from the transformers during normal use or if the facility does not service the transformer by replacing the fluid with other PCB-containing fluid. (See also: Section 313 Policy Directives - Directive #6: PCBs Threshold Determinations and Release and other Waste Management Reporting.) 379. A covered facility has a PCB transformer on-site which it uses for energy. The PCBs were removed from the transformer and disposed. Is the amount of PCB removed for disposal counted towards the otherwise use threshold? How is this activity covered under EPCRA Section 313? If the facility removes the entire transformer including the PCB-laced oil as an article, the amount of PCB in the article would not be included in Section 313 threshold determinations and release and other waste management calculations. If a toxic chemical is present in an article at a covered facility, the owner/operator is not required to consider the quantity of the toxic 120 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Article Exemption, Article Releases Article Exemption, Article Releases, Polyurethane Foam chemical present in such article when determining whether an applicable threshold has been met or when determining the amount to be reported as a release or other waste management. If the facility removes the PCB-laced oil from the article, this removal would negate the article exemption. To determine if the facility exceeds a threshold, the operator of the facility must count the amount of the chemical added to the recycle/reuse operation during the reporting year (40 CFR Section 372.25(e)). If a facility has a transformer that leaks PCB-laced oil, this leaking would also negate the article exemption. To determine if the facility exceeds a threshold, again, the owner/operator of the facility must count the amount of the chemical added to the recycle/reuse operation during the reporting year. The facility would be otherwise using the PCB added to the transformer (ancillary use). Only the amount of PCB added to the transformer needs to be aggregated for threshold determination, and the facility will most likely not be adding PCB-laced oil to the transformer. Therefore, it is unlikely that the facility will exceed the 10,000 pound otherwise use threshold. The facility, therefore, would not be required to report releases and other waste management of the PCBs for Section 313. If, however, the facility exceeds the 10,000 pound threshold and needs to report PCBs, the PCBs removed from the transformer and sent off-site for final disposal would be a reportable release. 380. I process a plastic pipe which contains formaldehyde (3 percent by weight). I also know how much formaldehyde is released when I process the pipe. Do I need to report these emissions? If the quantity of the formaldehyde released during processing of all like items exceeds 0.5 pounds per year, the facility cannot take the article exemption for the pipe and all formaldehyde incorporated into the pipe should be counted toward the processing threshold. The facility should report if the processing threshold is exceeded. If the quantity of formaldehyde released during processing of the pipes is 0.5 pounds or less per year, the facility would not have to report because it is part of an article. 381. A. facility buys and sells rigid polyurethane insulating foam containing a fluorocarbon in higher than the de minimis concentration. The facility cuts the foam and packages it to be sold and distributed in commerce. Does the facility need to report the fluorocarbon, a Section 313 chemical, released to the air as a result of cutting polyurethane foam? 121 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers Article Exemption, Facility- Facility Reporting, Metals, SIC Code Coal Mining, Surface Mining, Extraction Exemption Metal Mining, Overburden Exemption Fluorocarbon in foam pieces that are cut counts toward the processing threshold. If the threshold is met, the facility must report all releases and other waste management of fluorocarbon as a result of cutting polyurethane foam and any diffusion of fluorocarbon in polyurethane foam to the environment under normal storage conditions. Note that the polyurethane foam may meet the article exemption if 0.5 pounds or less of fluorocarbon, from all like items, is released during processing and the foam maintains a specific shape or design. 382. Are there recommended methods for determining if the 0.5 Ib release limit is exceeded from a metal stamping operation? EPA recommends thatfacilities use one or more of the following for performing release and other waste management calculations of EPCRA Section 313 chemicals: monitoring data, mass balance, emission factors, and engineering calculations. If all wastes generated from stamping operations (including fume, dust, sludge and scrap pieces) are recycled or reused and the facility's total releases will be equal to or less than 0.5 Ib limit for each toxic chemical per year, the article exemption may apply. If releases (including disposal) of a toxic chemical are more than 0.5 Ib, the article exemption is negated for that chemical and all quantities of that chemical in the metal sheets should be included in threshold determinations and release and other waste management calculations. G. Coal Mining/Extraction Exemption 383. A covered coal mine uses material containing listed toxic chemicals (waste rock, ash, etc.) in its surface mining operation to replace excavated land. Is this activity considered extraction and; therefore, eligible for the coal mining extraction exemption (40 CFR Section 372.3)? No. The otherwise use of waste rock, ash, or other material in surface mining to replace excavated land is a reclamation activity. The otherwise use of these materials for reclamation is not considered part of extraction, and amounts of listed toxic chemicals contained in these materials must be considered toward threshold determinations and release and other waste management calculations. 384. Are listed toxic chemicals in overburden displaced at a covered metal mine subject to reporting under EPCRA Section 313? What about toxic chemicals used in removing overburden? No. Listed toxic chemicals that are constituents of overburden, as defined in the May 1, 1997, final rule (62 FR 23833), which are manufactured, processed, or otherwise used are not subject to threshold determinations or reporting for releases and other waste management activities (40 CFR 122 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 2 Coal Mining, Extraction Exemption Coal Mining, Extraction Exemption Section 372.38(h)). However, listed toxic chemicals used in removing overburden during metal mining activities are not eligible for the overburden exemption. 385. In the final rule (62 FR 23833; May 1,1997), EPA provided an exemption for coal extraction activities. Can a coal mining facility assume that all activities prior to beneficiation, or in other words all activities that take place before the coal enters a processing plant, are exempt under the extraction exemption? No. In the final rule (62 FR 23833), EPA specifically exempted coal mining extraction activities. EPA defines coal extraction (for purposes of determining which activities are eligible for the extraction exemption), to mean the physical removal or exposure of ore, coal, minerals, waste rock, or overburden prior to beneficiation, and to encompass all extraction-related activities prior to beneficiation. EPA defines beneficiation as the preparation of ores to regulate size (including crushing and grinding) of the product, to remove unwanted constituents, or to improve the quality, purity, or grade of a desired product. Based on these definitions, certain beneficiation activities, such as crushing or grinding, may occur before coal enters a processing plant, and these activities are not exempt under the extraction exemption. 386. Which of the following coal mining activities included in the coal mining extraction exemption under 40 CFR Section 372: a. Crushing for transport only. b. Land disposal or discharge of oily water pumped from underground (e.g., the oil that comes from the conveyor belt carrying the coal to the surface and ultimately to the coal preparation plant). c. Screening of coal to remove waste rock that has fallen into the coal product. (This screening occurs at the surface before transportation.) d. Coal mine reclamation activities: - Ash received from off-site for use as roadfill, or structural support underground; - Waste overburden and non-waste fertilizer for land application; and - Waste rock used during reclamation. In terms of identifying which activities are considered part of the coal extraction exemption, EPA has made the following determinations: listed toxic chemicals involved in the transportation of coal, and reclamation of the extraction site are not considered "extraction-related" activities. While these activities may involve listed toxic chemicals, existing exemptions should greatly reduce and simplify the type and amount of reporting required by covered facilities that conduct these activities. Crushing and grinding are 123 ------- SECTION 2 1998 EPCRA Section 313 Questions and Answers beneficiation steps as provided in 40 CFR Section 261.4(b)(7), which was referenced in the final rule. The following items specifically address the activities raised in the above question: a) Crushing for transportation is not considered part of extraction and amounts of listed toxic chemicals involved in these activities must be considered toward threshold determinations and release or other waste management calculations. b) Land disposal of materials including waste rock, ore, and oily water from underground coal extraction activities are considered part of extraction activities and would therefore not be subject to threshold determinations and release and other waste management calculations. c) Coal product screening activities involve grading of coal after it has been crushed, both of which are considered beneficiation steps, and; therefore, would not be considered part of extraction. d) Ash or other materials used for structural support during extraction activities would be considered part of extraction and would be eligible for the extraction exemption. Otherwise use of ash, overburden, waste rock or fertilizer for reclamation are not considered part of extraction, and amounts of listed toxic chemicals contained in these materials must be considered toward threshold determinations and release and other waste management calculations. 124 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Toxic Chemical List Toxic Chemical List Chemical Name, Trade Name CAS Number, Chemical Name, Mixture Section 3. DETERMINING WHETHER OR NOT TO REPORT: LISTED TOXIC CHEMICALS (See also Appendix A: Section 313 Policy Directive #5 - Toxic Chemical Categories) A. General Questions 387. What list of toxic chemicals is subject to reporting under EPCRA Section 313? EPCRA Section 313 defined the list of toxic chemicals. The initial list (with certain technical modifications and revisions) appears in the regulations (40 CFR Section 372.65) and in the instruction booklet for completing Form R. EPA, from time to time, has revised the list. The most recent instruction booklet for completing the Form R contains the updated chemical list. To obtain information on the latest additions or deletions from the list of toxic chemicals contact the Emergency Planning and Community Right-to-Know Information Hotline. 388. What is the difference between the Section 313 list of toxic chemicals and other EPCRA lists of regulated chemicals? Some overlaps exist between lists of chemicals covered by different Sections of EPCRA. Section 313 focuses on toxic chemicals that may cause chronic health and environmental effects, although the list does contain chemicals that cause acute health effects. The Section 313 list was developed from lists of regulated toxic chemicals in New Jersey and Maryland. The other EPCRA lists cover chemicals of concern for emergency planning purposes. The EPA List of Lists (EPA 550-B-98-017) document identifies toxic chemicals that are specifically listed and must be reported under various Sections of EPCRA. 389. Can common or trade names other than those listed in the regulations be used for submissions? No. EPA has provided a list of standard chemical names and Chemical Abstract Service Registry numbers (CAS numbers) for all chemicals that must be reported. The regulations require the use of these standard names. Many Form Rs submitted previously could not be processed because unlisted CAS numbers or names were used. 390. We use a toxic chemical with a CAS number not on the list of Section 313 toxic chemicals. There are similar toxic chemicals on the list, but none with the same CAS number. How can I be sure I do not have to report? Although CAS numbers are useful, a covered facility should also use the toxic chemical name to determine if a toxic chemical is listed on the EPCRA 125 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Chemical Category, Activity Threshold, Metal Compounds, Release Reporting Chemical Category, Category Code, CAS Number Chemical Category, Health Effects Section 313 list. Be aware, however, that mixtures are often assigned CAS numbers. These mixtures may contain individually listed toxic chemicals. The facility should use all available information, including the toxic chemical name as well as process and chemical knowledge, to determine if a component of the mixture is a listed toxic chemical under Section 313. CAS numbers may be of limited use in this case. Also, certain specific compounds (e.g.. copper chloride) are not listed individually on the EPCRA Section 313 list with a specific CAS number, but are reportable under a compound category. 391. How are toxic chemical categories handled under Section 313 threshold determinations and release and other waste management calculations? All toxic chemicals in the category that are manufactured, processed, or otherwise used at a covered facility must be totaled and compared to the appropriate thresholds. A threshold determination for toxic chemical categories is based on the total weight of the compound. Except for metal compound categories and nitrate compounds, the total weight of the compound released or otherwise managed as waste must be reported. Releases and other waste management quantities of metal compounds are reported as the parent metal portion of the compounds. If the metal and corresponding metal compounds exceed thresholds, a joint report for metal compounds, including the parent metal, can cover both reporting requirements. Similarly, releases and other waste management quantities of nitrate compounds are reported as the nitrate portion of the compound. 392. If an item on the Section 313 list incorporates toxic chemicals with multiple CAS numbers (i.e., nickel compounds), how is the CAS number of the item described? Do not enter a CAS number in such cases. Instead, enter the appropriate category code (provided in the instructions to the Form R) in the space for the CAS number in Part II, Section 1.1 of the Form R. The individual chemical members of a listed category are not required to be, and should not be, identified in the report. 393. Do the toxic chemical categories such as nickel compounds include all compounds, even those that have not been associated with adverse health effects? What is the authority for this decision? The EPCRA Section 313 list established by Congressional legislation included categories. EPA interprets these listings to mean all compounds of nickel, for example, regardless of whether specific toxicological problems have been identified for a specific compound in the category. However, EPA may grant, and has granted, petitions to delete specific compounds from a category if the Agency determines that the compound does not meet the listing criteria. 126 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Threshold Determination, Chemical Conversion Metal Compounds, Threshold Determination Chemical Deletion, Effective Date 394. Some toxic chemicals released into the environment react to form other toxic chemicals, for example, phosphorus (a listed toxic chemical) oxidizes in air to form phosphorus pentoxide (not a listed toxic chemical}. Which should be reported, the transformed toxic chemical or the source toxic chemical! How would the report(s) be prepared if both the source and resulting toxic chemical are listed? Report releases of the listed toxic chemical. The facility is not responsible for reporting a toxic chemical resulting from a conversion in the environment (e.g.. outside of a facility air stack). 395. Do we count the nonmetal portion of metal compounds? The nonmetal portion of metal compounds is included in threshold determinations but not in release and other waste management calculations. 396. EPCRA Section 313(d) provides for the addition and deletion of chemicals to and from the list of toxic chemicals found at 40 CFR Section 372.65. According to EPCRA Section 313(d)(4), any revision to the list made on or after January 1 and before December 1 of any reporting year will take effect beginning with the next reporting year. Any revision made on or after December 1 and before January 1 of the next reporting year will take effect beginning with the reporting year following the next reporting year. While all additions to the list are subject to these provisions, the Agency has not applied the delayed effective dates specified in EPCRA Section 313(d)(4) for any rules deleting chemicals from the EPCRA Section 313 list. To date, the promulgated final rules delisting chemicals have been effective on the date of publication of the final rule in the Federal Register. Moreover, when EPA has issued the final rule before July 1, the Agency has relieved facilities of their reporting obligation for the previous reporting year in addition to obviating future reporting. Given the statutory language, why has EPA not promulgated a delayed effective date for those actions deleting substances from the list of toxic chemicals'! Although the statutory language outlines a delayed effective date provision, EPA interprets EPCRA Section 313(d)(4) to apply only to actions that add to the list of toxic chemicals. As explained in the final rule deleting di-n-octyl phthalate from the EPCRA Section 313 list, published on October 5, 1993 (58 FR 51785), the Agency believes that it may, in its discretion, make deletions effective immediately upon the determination that a chemical does not satisfy the listing criteria found in EPCRA Section 313(d)(2). Since a deletion from the list alleviates a regulatory burden, and 5 U.S.C. Section 553(d)(l) permits any substantive rule that relieves a restriction to take effect without delay, EPA is authorized to delete chemicals from the list effective immediately. The Agency believes that the purpose of EPCRA Section 127 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Acids, pH, Neutralization, Release Reporting Coincidental Manufacture, Combustion Byproducts, Hydrochloric Acid, Metal Compounds Coincidental Manufacturing, Coal Combustion, Incomplete Combustion 313(d)(4) is to provide covered facilities with adequate time to incorporate newly listed chemicals into their data collection processes. Because facilities can immediately cease reporting on a delisted chemical, and since the chemical no longer satisfies the listing criteria, EPA has not specified a delayed effective date for deletions from the list of toxic chemicals under EPCRA Section 313. B. Toxic Chemical-Specific Questions Acids 397. A strong mineral acid solution is neutralized (i.e., the pH of the solution is adjusted to pH 6 or greater) before release to surface waters. How do we report this release on the Form R? For purposes of EPCRA Section 313 reporting, a discharge of pH 6 or above contains no reportable amount of mineral acid. The facility owner/operator should report zero, not NA, in Part n, Section 5.3 of the Form R. 398. A covered facility has a coal-fired boiler. The combustion of the coal generates aerosol forms of hydrochloric acid as a byproduct. Should the aerosol forms of the HC1 emissions be reported under EPCRA Section 313? Yes. In the combustion of coal, the facility will be coincidentally manufacturing aerosol forms of hydrochloric acid, as well as hydrofluoric acid and sulfuric acid. The combustion of coal will also result in the coincidental manufacture of new metal compounds. The facility must submit a Form R if it manufactures more than 25,000 pounds of any of these listed toxic chemicals. 399. A covered facility heats coal to approximately 2,000 °F to drive off the volatiles from the coal to produce an activated carbon product. Is this activity considered coal combustion such that Section 313 metal compounds are manufactured in this operation? Generally, activation of carbon or other organic material involves a two-step process. The first step consists of carbonizing the organic material, which is generally carried out by subjecting the material to temperatures in the range of 500 to 700°C (approximately 930 to 1,300°F). The second step, the activation process, may be chemically performed or it may also be conducted using temperatures typically in the 750 to 1,000°C range (approximately 1,380 to 1,850°F). Both activities occur at temperatures that are below the temperature posed in the question. In any case, while these are high temperatures, these ranges are not equivalent to the temperatures that take place during combustion. Based on available information, the temperature described in the question is not high enough to cause coal combustion. For 128 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Acid Aerosol, Treatment for Destruction, Hydrochloric Acid, Sulfuric Acid Aluminum, Combustion Byproducts, Treatment for Destruction example, furnaces may operate at temperatures above 1,400°C (approximately 2,550°F). The temperature described in the question may not result in many of the chemical conversions, such as the transformation of metal compounds, which are expected to occur during combustion. However, these temperatures may result in some conversions and the facility would need to determine what takes place based on their best available information and report as necessary. 400. A wastestream containing aerosol forms of hydrochloric and sulfuric acid goes up a stack. Before exiting the stack, the wastestream passes through a scrubber where the acid aerosols are captured in an aqueous solution. How is this to be reported under Section 313? When a scrubber is used to remove sulfuric or hydrochloric acid aerosols prior to or in a stack, the acid aerosols are usually converted to the non- aerosol form. The non-aerosol forms of sulfuric and hydrochloric acid are not reportable under EPCRA Section 313 because the qualifier to the sulfuric acid and hydrochloric acid listing includes only acid aerosol forms. Sulfuric and hydrochloric acid as discrete chemicals have not actually been destroyed by the scrubber, but the form of these acids reportable under EPCRA Section 313 has been destroyed. Therefore, since sulfuric or hydrochloric acid aerosols removed by scrubbers are converted to non-reportable forms, the quantity removed by the scrubber can be reported as having been treated for destruction. However, all of the sulfuric acid or hydrochloric acid aerosols that are produced prior to or after the scrubber count towards that manufacturing threshold, and any acid aerosols that are not removed by the scrubber and continue out of the stack must be reported as a release to air. 401. At a covered facility, vapor is generated from molten aluminum. Upon exposure to the air at the temperatures present in the furnace, the aluminum vapor partially oxidizes and condenses to form aluminum fume. All stack emissions from the furnace are released as non-fibrous aluminum oxide. Should the release from this melting furnace be counted as aluminum fume or should the amount released be reported as zero since it is no longer a reportable toxic chemical! The facility is manufacturing aluminum fume, a listed EPCRA Section 313 toxic chemical. In the furnace, the fume is then passively converted to non- fibrous aluminum oxide, a non-listed chemical. The facility is not actively destroying the aluminum fume. Therefore, the facility is not treating the toxic chemical for destruction. If the covered facility generates more than 25,000 pounds of aluminum fume during the course of the year, it would meet the manufacturing threshold for this chemical and would be subject to EPCRA Section 313 reporting. Since there are no releases of the reportable chemical, the facility should report zero for release and other waste management activities for aluminum fume. 129 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Acid Aerosol, Acid Reuse System 402. How are sulfuric and hydrochloric acid aerosols that are generated over and over again in acid reuse systems to be reported under Section 313? When solutions of sulfuric acid and hydrochloric acid are aerosolized the manufacture of a listed chemical (sulfuric acid or hydrochloric acid aerosols) has occurred. This is a result of the qualifier to the sulfuric acid and hydrochloric acid listings, which excludes non-aerosol forms and limits the reporting to aerosol forms only. The addition of the acid aerosol qualifier has an impact on certain processes that, prior to the addition of the qualifier, would not have been considered as the manufacturing of a listed chemical. Acid reuse systems that use aqueous solutions of sulfuric acid or hydrochloric acid to generate acid aerosols, use the acid aerosols, condense them back into solution, and then reuse the acid solution again and again are impacted by the addition of the acid aerosol qualifiers. In such processes, the continuous reuse of the acid solutions generates very large quantities of acid aerosols that technically should be counted towards the manufacture (the generation of the acid aerosol is the manufacture of sulfuric or hydrochloric acid (acid aerosol)) and otherwise use thresholds. This may result in many facilities greatly exceeding the manufacture and otherwise use reporting thresholds that, prior to the addition of the qualifier, would not have exceeded thresholds. While it is technically correct to apply all of the quantities of acid aerosols generated in such systems towards the manufacture and otherwise use reporting thresholds, EPA did not intend to increase the reporting burden as a result of the addition of the acid aerosol qualifiers. In addition, under EPA's general approach to reuse systems, a listed toxic chemical is not counted toward thresholds each time it is reused but only once per reporting period. This approach would apply to sulfuric acid or hydrochloric acid reuse systems were it not for the aerosol qualifiers. Therefore, EPA is providing the following guidance to reduce the reporting burden for covered facilities that operate such processes and to bring the treatment of such systems into alignment with EPA's general approach to reuse. Rather than having covered facilities count all quantities of acid aerosol generated in such systems towards the manufacture and otherwise use thresholds, EPA will allow facilities to apply the total volume of acid in these systems only once to these thresholds. For example, if an acid reuse system starts the year with 2,000 pounds of acid and 500 pounds is added during the year then the total amount applied towards acid aerosol thresholds would be 2,500 pounds. This reflects a one time per year counting of all of the acid molecules as being in the acid aerosol form rather than counting them over and over again 130 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Reuse System, Activity Threshold Acid Aerosol, Sulfuric Acid, Aerosol Form Acid Aerosol, Sulfuric Acid, Acid Reuse System each time the acid aerosol form is generated and subsequently used. Since in these acid reuse systems the acid aerosols are manufactured and then otherwise used the 10,000 pound otherwise use threshold would be the threshold that triggers reporting from such systems. This guidance applies only to acid reuse systems and the reporting of sulfuric acid and hydrochloric acid aerosols under EPCRA Section 313. This guidance does not apply to any other types of processes or to any other listed chemical. 403. In 1999, a covered facility's sulfuric acid reuse system starts the year with 4,000 pounds of sulfuric acid, and the facility adds 8,000 pounds to the system. How should the facility make threshold determinations for sulfuric acid (acid aerosol)? The method for estimating amounts of sulfuric acid (acid aerosol) and hydrochloric acid (acid aerosol) for threshold purposes is unique as compared to other listed toxic chemicals. In the above question, the facility should apply 12,000 pounds towards the manufacturing and otherwise use thresholds. To determine the amount manufactured in an acid reuse system, the facility should calculate the total volume of acid in the system. The total volume of acid is the sum of the reporting year's starting amount and the amount added during the reporting year. Because all the sulfuric acid aerosol manufactured is subsequently otherwise used, the 12,000 pounds are also applied to the otherwise use threshold of 10,000 pounds. Therefore, the facility exceeds the otherwise use threshold and must file a Form R or Form A. Facilities are also directed to refer to the Guidance for Reporting Sulfuric Acid (EPA-745-R-97-007; November 1997). 404. Would a sulfuric acid drip system that is in contact with an ore leach pile (described as analogous to a gardener's drip hose) be manufacturing sulfuric acid in an aerosol form? No, the sulfuric acid does not become airborne; so it is not an aerosol form of sulfuric acid and, therefore, not a reportable toxic chemical under EPCRA Section 313. 405. A covered facility subject to EPCRA Section 313 generates aerosol sulfuric acid in excess of 25,000 pounds in a calendar year. The aerosol sulfuric acid passes through a scrubber that removes and condenses the aerosol sulfuric acid. The resulting liquid sulfuric acid then undergoes chemical conversion in an on-site treatment unit. How must the owner or operator account for these activities in Part II, Sections 7 and 8 of the Form R? When a scrubber is used to remove sulfuric acid aerosols prior to entering or in a stack, the acid aerosols are usually converted to the non-aerosol form. 131 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Fuming Sulfuric Acid, Sulfuric Acid, Oleum Threshold Determination, Coincidental Manufacture, Combustion Byproducts, Sulfuric Acid, Hydrochloric Acid, Chemical Conversion The non-aerosol forms of sulfuric acid are not reportable under EPCRA Section 313 because the qualifier to the sulfuric acid listing includes only acid aerosol forms (40 CFR Section 372.65). Sulfuric acid is not actually being destroyed by the scrubber, but the form of sulfuric acid that is reportable under EPCRA Section 313 is being destroyed. Therefore, since sulfuric acid aerosols removed by scrubbers are converted to a non-reportable form, the quantity removed by the scrubber can be reported as having been treated for destruction under Part n, Section 7 and should be included in Section 8.6, (Quantity Treated On-Site). Since the condensed sulfuric acid (i.e.. the liquid sulfuric acid) is a non-aerosol form, it is not reportable under EPCRA Section 313 and no reporting of other waste management activities for these non-aerosol forms is required. 406. A covered facility uses fuming sulfuric acid. This particular chemical is not listed as reportable under Section 313 of EPCRA, but it is chemically similar to sulfuric acid, which is reportable. Should the facility report if it meets threshold amounts and is a covered facility! Fuming sulfuric acid, more commonly known as oleum, is a mixture of sulfuric acid and sulfur trioxide. The facility must report on the acid aerosol forms of the sulfuric acid portion of the mixture in accordance with Section 372.30(b) if this portion exceeds the applicable threshold. The facility should also note that sulfur trioxide reacts rapidly with water to form sulfuric acid. Any sulfuric acid aerosol formed from sulfuric trioxide at the facility must be counted toward the manufacturing threshold. 407. A utility boiler, located at a covered facility, burns residual oil. As a result of the burning operation, the facility emits sulfur dioxide (SO2), sulfur trioxide (SO3), and particulate sulfates through a point source. Once emitted, the sulfur trioxide readily reacts with water vapor (both in air and in flue gases) to form a sulfuric acid mist. For purposes of EPCRA Section 313, must the facility report on the generation of sulfuric acid? The sulfuric acid formed in the chemical reaction of sulfur trioxide and water that often occurs in the air after releasing sulfur trioxide is not included in threshold determinations. The facility owner/operator is not responsible for tracking or reporting on the formation of a listed toxic chemical once a chemical is released from & facility. However, if the reaction of sulfur trioxide and water takes place prior to being emitted (e.g.. in the stack), the facility would be required to factor the quantity of sulfuric acid mist generated towards the manufacturing threshold. If the threshold is exceeded, the facility owner/operator must report all releases and other waste management estimates of sulfuric acid aerosols from the facility. 132 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Coincidental Manufacture, Hydrochloric Acid pH, Concentration Range, Waste Treatment 408. Must a facility report itself as a manufacturer of hydrochloric acid aerosols, if the hydrochloric acid aerosol is formed in the stack? Yes, assuming thresholds are exceeded, the facility must report for hydrochloric acid aerosol. It is irrelevant where at the facility the acid aerosol forms. 409. Listed acids such as nitric acid are commonly used throughout the manufacturing sector as product ingredients, reactants, and chemical processing aids. Often, listed acids are present in aqueous wastestreams that are neutralized on site. If the listed acid is neutralized on site, EPCRA Section 313 requires an indication on the Form R of the range of concentration of the listed toxic chemical in the influent wastestream. These concentrations are expressed in percentages, parts per million (ppm), or parts per billion (ppb). If the pH of a waste steam containing a listed mineral acid is quantified, can the pH data be used to calculate the total mineral acid concentration in the influent wastestream? In cases where only one acid is present in solution, the total mineral acid concentration can be derived by using the pH value of the solution and the molecular weight and ionization constant of the acid. In order to assist the regulated community in EPCRA Section 313 reporting, EPA derived a table that lists the total acid concentration for each listed mineral acid at different pH values (Estimating Releases and Waste Treatment Efficiencies for Mineral Acid Discharges Using pH Measurements (EPA 745/F-97-003), June 1991). The concentrations are expressed in pounds per gallon (Ib/gal) and can be converted to the appropriate units for reporting purposes. The concentration that must be reported is based on the amount or mass of the toxic chemical in the wastestream compared to the total amount or mass of the wastestream. For example, assume that a facility treats, by neutralization, a wastestream containing nitric acid (HNO3) in which the pH of the influent stream is 4. A pH of 4 corresponds to a concentration of 0.000052 pounds of HNO3 per gallon of wastestream (Estimating Releases and Waste Treatment Efficiencies for Mineral Acid Discharges Using pH Measurements. Table 1). The amount of HNO3 in the influent wastestream can be converted using the following calculation: Influent wastestream: (0.000052 Ib/gal) x (1 gal/3.78 L) x (453,000 mg/lb) = 6.2 mg/L of HNO3 in the wastestream Since mg/L of solutions or dispersions of a chemical in water is equivalent to ppm, 6.2 ppm of HNO3 is the concentration in the influent wastestream. 133 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Chemical Qualifier, Hydrochloric Acid, Acid Aerosol, Coincidental Manufacture Concentration, Nitric Acid Compounds, Metal Compounds, Metals, Threshold Determination The Form R requires a range of influent concentration, thus the facility should select the appropriate range code and enter that value in the Range of Influent Concentration column in Part II, Section 7 A, the On-Site Waste Treatment Methods and Efficiency section of the Form. 410. Hydrochloric acid, also known as hydrogen chloride (CAS number 7647-01-0), is a toxic chemical under EPCRA Section 313. Hydrochloric acid can exist in both aqueous solution and in a gaseous, anhydrous form. On July 25,1996, EPA modified the listing of hydrochloric acid to include only acid aerosols including mists, vapors, gas, fog and other airborne forms of any particle size (61 FR 38600). Does the modified listing of hydrochloric acid refer to both the aqueous and the anhydrous forms of this chemical? Yes. The CAS number 7647-01-0 identifies both aqueous and anhydrous forms of hydrochloric acid. The listing modification also applies to both aqueous and anhydrous forms of hydrochloric acid. 411. How should nitric acid (CAS number 7697-37-2) be reported under Section 313? It does not exist in a pure or anhydrous form. Commercial nitric acid is produced at a concentration of 70 percent nitric acid in water. The listed CAS number for nitric acid specifically relates to the molecular formula HNO3. Therefore, facilities are required to count the amount of nitric acid in solutions toward thresholds and release and other waste management calculations. If 100 pounds of 70 percent nitric acid is released, the release should be reported as 70 pounds of nitric acid. Compound and Compound Categories 412. For Section 313 reporting, a catalyst contains 61 percent total nickel, which includes 26 percent nickel metal and 35 percent nickel contained in compounds. Should the threshold determination be based on the 61 percent total nickel? No. The 61 percent total nickel cannot be used in the threshold determinations. Nickel compounds are a listed toxic chemical category; therefore, the full weight of nickel compounds (not just the 35 percent nickel contained in the compounds) must be used in the threshold determination for nickel compounds. A separate threshold determination is required for the nickel metal since nickel is a separately listed toxic chemical under Section 313. 134 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Compounds, Chemical Qualifier, Cyanide Compound Compounds, Metal Compounds, Compound Category, Electroplating, Concentration Range, pH, Waste Treatment Metal Compounds, Manufacturing 413. In the Federal Register. (53 FR_4538; February 16,1988) EPA describes cyanide compounds as X+CN" where X=H+ or any other group where a formal dissociation may occur; examples are KCN and Ca(CN)2. Are cyanide compounds that do not dissociate reportable? Cyanide compounds that do not dissociate are not reportable. However, dissociable cyanide compounds are not limited to the simple salts. Rather, this category includes all cyanide compounds for which dissociation upon release to the environment is expected to occur. 414. A covered facility uses chromium compounds in its electroplating operation, and as a result, a hexavalent chromate compound is generated. Are the hexavalent chromate compounds reportable under Section 313? The hexavalent chromate compounds are members of a reportable toxic chemical category, chromium compounds, and have been manufactured by the oxidation/reduction reaction that occurred in the electroplating operation. As a result, the total amount of the hexavalent chromate compounds produced must be included in the manufacturing threshold for chromium compounds. 415. Is the conversion from one metal compound to another metal compound within the same metal compound category considered manufacturing for purposes of threshold determinations and release, and other waste management calculations? Yes. The conversion of one metal compound to another metal compound within the same metal compound category is considered the manufacture of a metal compound, which must be considered toward threshold determinations. This is identical to how threshold calculations are derived for listed toxic chemicals in non-metal compound categories. The unique aspect for metal compounds, as compared to non-metal compounds within a listed compound category, is how amounts released and otherwise managed as waste are reported. As stated in the final rule (62 FR 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, covered facilities are instructed to report only the amount of the parent metal contained in the metal compound for amounts released or otherwise managed as waste. If thresholds for both the elemental metal and its metal compounds have been exceeded, covered facilities have the option to submit one Form R that includes on their report the amounts of the elemental metal from the parent metal along with amounts of the metal portion from the metal compounds. 135 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Compounds, Metal Compounds, Cyanide Compound, Threshold Determination, Process, Electroplating Compounds, Metal Compounds, Threshold Determination, Copper Compounds Compounds, Compound Category, Threshold Determination, Release Reporting, Multiple Chemical Category 416. An electroplatingyacj/iYy uses metal cyanide compounds in their electroplating operations. Are they processing or otherwise using those cyanide compounds? How do they determine whether they meet the threshold, and which threshold applies? The parent metal is plated onto a substance electrochemically. The metal compounds are processed, and the cyanide compounds are processed because the metal cyanide is the source of the metal that is plated and subsequently distributed in commerce. Metal cyanides are reportable as both cyanide compounds and metal cyanides. The total compound weight is applied for threshold determinations for both categories. 417. We manufacture and use copper wire. We also use copper compounds in various parts of our processes. The Section 313 list contains both copper and copper compounds. Should we combine these categories for our determination of thresholds and reporting? Do we report the release and other waste management of copper compounds as copper metal? Copper and copper compounds are separate entries on the Section 313 list, and therefore threshold determinations should be made separately. Copper compounds are a listed category and will include the aggregate of all copper compounds (other than the free metal). For copper compounds, report releases and other waste management activities as copper (e.g.. as the copper ion in wastewater), not as the total mass of copper compounds. If a facility exceeds thresholds for both the parent metal and compounds of the same metal, EPA allows the facility to file a combined report (e.g.. one report for copper compounds and copper metal). 418. How would a compound that falls into two reporting categories be reported (e.g., PbCrO3) on the Form R? A compound that has constituents in two listed categories would have to be included under both categories when submitting a Form R. In the example indicated, the total weight of PbCrO3 must be included in determining the threshold for both lead compounds and in determining the threshold for chromium compounds. In reporting the releases and other waste management of lead, only the stoichiometric weight of the lead in PbCrO3 released or otherwise managed as waste would be included. Likewise, only the chromium in PbCrO3 that is released and otherwise managed as a waste would be included on the Form R. 136 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Compounds, Metal Compounds, Threshold Determination, Lead Compounds, Chromium Compounds, Lead Compounds, Metal Compounds, Chromium Compounds Compounds, Metal Compounds, Release Reporting, Lead Compounds, Lead 419. For Section 313 reporting requirements and threshold determinations, if a covered facility uses lead, lead chromate, and other chromium compounds, can they be considered separately or must they be combined into categories? When reporting releases and other waste management activities, must quantities of categories be determined as well? Threshold determinations for metal containing compounds are made separately from parent-metal threshold determinations because they are listed separately under Section 313. In the scenario presented in the question, the facility would apply the quantity of the lead metal manufactured, processed, or otherwise used to the appropriate threshold for lead. The facility would apply the quantities of the lead chromate manufactured, processed, or otherwise used to the appropriate threshold for lead compounds and would apply the quantities of the lead chromate and other chromium compounds manufactured, processed, or otherwise used to the appropriate threshold for chromium compounds. However, a facility may, once a threshold has been met individually, combine the parent metal and its metal compounds for reporting. In completing the Form R, only the weight of the parent metal (not the entire compound weight) is to be considered. 420. Are chromium compounds (e.g., chromic acid CAS number 11115-74-5 or chromic acetate CAS number 1066-30-4) reportable under Section 313? All chromium compounds are reportable. They must be aggregated together for purposes of threshold and maximum amount on-site calculations. However, release and other waste management amounts should be for the chromium metal portion only. 421. A covered facility processes both elemental lead and lead compounds. The facility exceeds the 25,000 pounds per year processing threshold for lead compounds, but not for elemental lead, and must submit a report for lead compounds only. When calculating releases and other waste management activities from the lead compounds, the owner/operator is only required to account for the weight of the parent metal released (40 CFR Section 372.25(h)). Should the facility account for both releases of lead from activities involving lead compounds and releases of lead from activities involving elemental lead? No. In the case when an activity threshold is exceeded only for lead compounds, the report is only required to be based on the releases and other waste management estimates of lead, the parent metal, from lead compounds only. Releases and other waste management estimates of lead resulting from activities involving elemental lead need not be included in the release and other waste management calculations. Conversely, if the facility were to 137 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Compounds, Metals, Metal Compounds, FormR Submissions, Lead Compounds, Lead Compounds, Threshold Determination, Metal Compounds Mining, Fertilizer, Nitrate Compounds, Ammonia, Chemical Conversion Compounds, Chemical Qualifier, Fume or Dust exceed an activity threshold for only elemental lead, the report would only have to be based on releases and other waste management estimates from activities involving elemental lead only. 422. A covered 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, it is allowed to file one joint Form R (e.g.. one report for both 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. 423. An oxidation/reduction reaction that occurs as part of a waste treatment operation results in the formation of 2,500 pounds of lead chromate. How must a threshold determination be made for this compound? Lead chromate meets the criteria for both a lead compound and a chromium compound. In such cases, the total amount of the compound manufactured, processed, or otherwise used must be applied to the threshold determination for both metal compound categories. The weight of the entire compound, not the weight of the parent metal, is applied for the threshold determination of each metal compound category. 424. A mining/aci'/iYy applies a commercial fertilizer that contains dry ammonium nitrate to the land as part of a mine reclamation project. Is the facility required to count the ammonium nitrate toward the manufacturing threshold for the ammonia listing and nitrate compounds listing when it rains on the fertilizer? No. Ammonium nitrate is only converted to reportable chemicals when in solution and in this case the solutions are not created until after the chemical has been released into the environment. Therefore, the facility would not have to report for this activity since facilities are not required to report on conversions that take place in the environment. Fume or Dust 425. There are three chemicals on the list with the qualifier "fume or dust" (zinc, aluminum, and vanadium). What exactly is a "fume" or a "dust?" 138 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Compounds, Coincidental Manufacture, Fume or Dust, Processing Compounds, Fume or Dust, Vanadium Pentoxide Compounds, Chemical Qualifier, Fume or Dust, Metal Vapors, Aluminum EPA does not have a regulatory definition of a fume or a dust, but considers dusts, for purposes of reporting, to consist of solid particles generated by any mechanical processing of materials including crushing, grinding, rapid impact, handling, detonation, and decrepitation of organic and inorganic materials such as rock, ore, and metal. Dusts do not tend to flocculate except under electrostatic forces. A fume is an airborne dispersion consisting of small solid particles created by condensation from the gaseous state, in distinction to a gas or vapor. Fumes arise from the heating of solids such as lead. The condensation is often accompanied by a chemical reaction, such as oxidation. Fumes flocculate and sometimes coalesce. 426. A covered facility processes aluminum, vanadium, and zinc. These three toxic chemicals are listed under Section 313 with the qualifier "fume or dust." Is this processing operation subject to reporting? If the processing of these substances generates (i.e.. manufactures) any fume or dust or if the three substances were processed or otherwise used, at any time, as a fume or dust, the activities would be reportable under EPCRA Section 313. The manufacturing, processing, or otherwise use of these substances in fume or dust form would be subject to threshold determinations. 427. Vanadium pentoxide is not explicitly listed under Section 313, although vanadium does appear on the list. Are we correct in assuming that we don't need to report for vanadium pentoxide? Vanadium is listed only as a fume or dust under Section 313. Vanadium compounds are not listed under EPCRA Section 313. However, as a result of using vanadium pentoxide or elemental vanadium, a fume or dust of vanadium may be manufactured and could be subject to Section 313 reporting. 428. A covered facility coats materials with aluminum using the vacuum deposition process. Is the facility subject to the reporting requirements under Section 313 for aluminum fume? No. In vacuum deposition, the aluminum is converted to the vapor state under low pressure. The vapor then condenses on the material that is being coated. A metal fume consists of finely divided particulate dispersed in a gas. Because a metal fume and a metal vapor are different physical forms of a metal, metal vapor is not considered to be a type of fume. However, any aluminum fume that is produced as a result of the condensation of the metal vapor should be applied to threshold determinations for aluminum. 139 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Compounds, Chemical Qualifier, Aluminum, Fume or Dust, Coincidental Manufacture Compounds, Threshold Determina- tions, Fume or Dust, Zinc, Particles, Mixture Mixture, Xylene (Mixed homers), De Minimis Exemption, Threshold Determination 429. A covered facility manufactures aluminum cookware. It generates aluminum dust of various particle sizes during polishing and edging of the cookware. The facility collects the larger particles of aluminum dust by wet cloth. Does the facility consider only smaller dust particles that escaped for reporting purposes? Aluminum in the form of dust is a listed Section 313 toxic chemical. All of the aluminum dust (no size limit) generated should be considered toward the manufacturing threshold. Provided the covered facility meets the activity threshold for aluminum fume or dust, the amount of the aluminum dust particles that escape the facility's collector system should be reported as released. 430. A. facility processes a zinc/mercury amalgam alloy and mercuric oxide to produce batteries. The amalgam is in particulate form. The molten amalgam is injected into a cooling chamber that produces particles with desired characteristics (such as size). Since zinc is listed as "fume or dust" only, would the facility need to consider the zinc from the amalgam towards the applicable processing threshold? Yes. EPA considers "dusts" to be solid particles generated by any mechanical processing of materials (including mixtures). This includes, but is not limited to, handling, crushing, grinding, and rapid impact of materials such as rock, ore, metals, and alloys. In this case, the particles produced would constitute a dust and require a threshold determination. Miscellaneous 431. Xylene mixed isomers are present in two of a facility's refined products. For EPCRA Section 313 reporting, may the isomers be reported separately? For a mixture of the isomers, how are thresholds and de minimis to be determined? Reported separately, the facility exceeds thresholds but is below de minimis concentrations. All of the xylene isomers are individually listed under EPCRA Section 313. In addition, there is a listing for xylene (mixed isomers) that covers any combination of xylene isomers. When the threshold and de minimis concentration for each isomer in the mixture are exceeded independently, the facility may report under the individual isomer listings or under the mixed isomers listing. When the threshold and/or de minimis for each isomer in the mixture are not exceeded independently, but are exceeded collectively, the facility should report under the CAS number for xylene (mixed isomers). Therefore, if a covered facility otherwise uses a mixture containing 8,000 pounds of ortho-xylene, 4,000 pounds of meta-xylene, and 2,000 pounds of para-xylene, the facility would report as xylene (mixed isomers) because it exceeded the 10,000 pound otherwise use threshold for xylenes (mixed isomers). 140 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Mixture, Xylene (Mixed homers), Concentration Glycol Ethers Category, Diethylene Glycol 432. A covered facility processes two of the three xylene isomers in separate streams, along with an additional stream containing a mixture of xylene isomers of unknown concentrations. How would the facility determine if an activity threshold has been exceeded? How would the facility report the xylene on the Form R? The toxic chemical list at 40 CFR Section 372.65, contains four xylene listings (mixed isomers, ortho-, meta-, and para-xylene) that appear with their own CAS number. The CAS number specified for xylene (mixed isomers), 1330-20-7, applies to any combination of xylene isomers. The facility must make separate threshold determinations for each individual chemical listed at Section 372.65. If the thresholds are not exceeded for any of the individual xylene listings of Section 372.65, then the facility would not have to report on any releases of xylene at the facility. For example, if the facility processes, in separate streams, 10,000 pounds of ortho-xylene (CAS number 95-47-6), 10,000 pounds of para-xylene (CAS number 106-42-3), and 10,000 pounds of xylene in which the isomers are mixed in unknown concentrations (CAS number 1330-20-7), a threshold is not exceeded for any of the xylene listings. Therefore, no reports for xylene would be required. The quantities of the individual xylene li stings processed by the facility should not be aggregated for the purposes of making threshold determinations. If the thresholds are exceeded for two or more of the individual isomer xylene listings, the facility has two choices when filling out the Form R. The facility may file separate Form Rs for each isomer or unique isomer mixture listed in Section 372.65, or the facility may file one combined report. For example, the facility processes, in separate streams, 30,000 pounds of ortho-xylene, 30,000 pounds of para-xylene, and 30,000 pounds of xylene where the isomers are mixed in unknown concentrations. Because the activity threshold for each of the three xylene listings is exceeded independently, the facility can report releases and other waste management activities from each of three listings separately on three different Form Rs (one for ortho-xylene, one for para-xylene, and one for the mixed isomers) or the facility can report all xylene releases and other waste management estimates on one Form R as xylene (mixed isomers). 433. Although the category of glycol ethers requires reporting under Section 313, does diethylene glycol require reporting? Diethylene glycol is not subject to reporting. Glycol ethers, with the following structure, are reportable: R - (OCH2CH2)n - OR', where n = 1,2, or 3, R = alkyl C7 or less, or phenyl or alkyl substituted phenyl, and R' = H or alkyl C7 or less or OR', consisting of a carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate. The R groups for this structure are unsubstituted alkyl or aryl groups. For diethylene glycol, neither R nor R' 141 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Glycol Ethers Category, Dipropylene Glycol Glycol Ethers Category, Ethylene Glycol, Mono Butyl Ether Mixture, Polyethylene Mixture Mineral Oil contain alkyl or aryl groups and thus it is not subject to reporting under Section 313. For more information refer to EPA's document entitled, Toxic Release Inventory: List of Toxic Chemicals Within the Glycol Ethers Category (EPA-745-R-95-006). 434. Are dipropylene glycol ethers having a R'OC3H6OC3H6OR structure considered a glycol ether for Section 313 toxic chemical reporting? Dipropylene glycol ethers are not Section 313 reportable glycol ethers since it has (OCH2CH2CH2)n or (OCH2CH(CH3))n instead of (OCH2CH2)n in its structure. Propylene glycol based ethers are not covered by this category. 435. Is ethylene glycol mono butyl ether a Section 313 chemical reportable as a glycol ether? Using the structural definition of glycol ethers as they appear in the final rule, ethylene glycol mono butyl ether is reportable under Section 313. R (OCH2CH2)n OR' In this case R is equal to butyl, (CH3CH2CH2CH2-); R' = H; and n = 1. 436. Is polyethylene considered a mixture of ethylene and its polymer, the components of which must be counted for purposes of reporting under Section 313 of EPCRA? Polyethylene is not a listed chemical and thus is not subject to reporting under Section 313. A mixture is any combination of two or more chemicals if the combination is not, in whole or in part, a result of a chemical reaction. If the combination resulted from a reaction but could have been produced without a chemical reaction, it is still treated as a mixture. Thus, since polythylene is the result of chemical reaction, it is not a mixture under EPCRA Section 313. Any EPCRA Section 313 listed toxic chemicals used in the manufacture of polyethylene should be evaluated against the proper Section 313 activity threshold. 437. A covered facility uses hydraulic fluid which is 95 percent mineral oil and 5 percent other unspecified components. Does the facility have any Section 313 chemicals to report? Mineral oil is a highly refined mixture of saturated CIS to C50 hydrocarbons. Barring any information to the contrary, it is unlikely that mineral oil contains significant quantities of any Section 313 chemicals. 142 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Vinyl Chloride, Polyvinyl Chloride Monomer, Co-polymer, ABS DEHP, MSDS, DOP Asbestos, CAS Number 438. Are vinyl chloride, a listed toxic chemical, and polyvinyl chloride, not listed, the same thing? Polyvinyl chloride is not a listed toxic chemical and does not need to be reported. It is a polymer of vinyl chloride. Only unreacted vinyl chloride mixed with the polymer should be included in threshold determinations and release and other waste management calculations. 439. Are toxic chemical monomers such as acrylonitrile, butadiene and styrene, which are contained in a plastic copolymer known as ABS, reportable under Section 313? These chemicals are monomers that react to make the ABS copolymer that is not reportable under Section 313. However, if any unreacted acrylonitrile, butadiene, or styrene monomers are present in the ABS copolymer in excess of de minimis concentrations then they are reportable. 440. A covered facility uses a toxic chemical known to them as DOP, which they think is n-dioctyl phthalate. N-dioctyl phthalate has the CAS number 117-84-0 and is not on the Section 313 list. However, the MSDS from their supplier states that the toxic chemical is called DEHP or DOP and has the CAS number 117-81-7. DEHP is di(2-ethylhexyl) phthalate on the Section 313 list. Should this chemical be reported? DOP is a commonly used acronym for both di(2-ethylhexyl) phthalate (DEHP) and n-dioctyl phthalate (DNOP). DOP is also listed as a synonym for DEHP in the Section 313 Common Synonyms document. However, as the supplier provided the acronym DEHP and the CAS number is 117-81-7, the facility has sufficient information to distinguish between DNOP and DEHP and thus should report for DEHP. 441. Asbestos, with CAS number 1332-21-4, is a listed toxic chemical under Section 313. The synonym list does not contain reportable asbestos forms. A covered facility uses the following forms of asbestos and would like to know if they are reportable: Actinolite (CAS number 77536-66-4), Amosite (CAS number 12172-73-5), Anthophyllite (CAS number 17068-78-9), Chrysotile (CAS number 12001-29-5), Crocidolite (CAS number 12001-28-4), and Tremolite (CAS number 77536-68-6). The Section 313 listing for asbestos (CAS number 1332-21-4) includes specific forms of asbestos, such as those mentioned above, that have their own individual CAS numbers. Therefore, those types of asbestos are reportable as long as they are manufactured, processed, or otherwise used in the friable form. 143 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Chemical Qualifier, Aluminum Oxide, Fibrous Forms Chemical Qualifier, Aluminum Oxide, Fibrous Forms Chemical Qualifier, Aluminum Oxide, Fibrous Forms Mixture, Zeolite, Aluminum Oxide Formaldehyde, Paraformalde- hyde 442. A. facility was advised by one supplier that aluminum oxide, CAS number 1344-28-1, is a listed toxic chemical under Section 313. The facility was advised by another supplier that this toxic chemical was on the toxic chemical list in error. Is aluminum oxide included on the toxic chemical list and therefore potentially reportable under Section 313? Only fibrous forms of aluminum oxide are reportable under Section 313. Other forms of aluminum oxide are not subject to reporting (55 FR 5220, February 14, 1990). 443. A dinnerware manufacturer wants to know if she has to report aluminum oxide in her clay, which is a raw material for her product. Aluminum oxide in clay is usually part of another compound or mineral, such as kaolin, and is not present as a listed toxic chemical. In addition, it is unlikely the clay contains man-made, fibrous forms of aluminum oxide. Naturally occurring aluminum oxide, known as corundum, has a separate CAS number, 1302-74-5, and is not reportable. 444. Are aluminosilicates reportable as aluminum oxide (fibrous forms)? Aluminosilicates, aluminoborosilicates, zeolites, aluminum silicate hydroxides, and other related materials are either naturally occurring or are prepared by fusion at high temperatures. As a result, these materials are not considered to be fibrous forms of aluminum oxide under Section 313 and are not subject to reporting. 445. For Section 313 purposes, is zeolite considered to be a mixture that contains aluminum oxide or is it considered to be a compound that is not a reportable substance? Zeolite is an aluminum silicate compound that is not reportable under Section 313. 446. Is paraformaldehyde, CAS number 30525-89-4, reportable as formaldehyde under Section 313? No. Paraformaldehyde is hydrated polymerized formaldehyde, a solid material that is different from formaldehyde. At ambient temperature, vaporization occurs, emitting formaldehyde gas. Though paraformaldehyde itself is not reportable, any formaldehyde manufactured as a gas or a solution during the manufacture, processing, or otherwise use of paraformaldehyde must be applied to any threshold determination for formaldehyde. 144 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Mixture, Toluene Diisocyanate, De Minimis, Threshold Determination Toluene Diisocyanate, Mixture, Threshold Determination 447. A. facility receives a chemical mixture, 70 percent of which is toluene diisocyanate (TDI). Of this 70 percent, 80 percent is 2,4-TDI, with CAS number 584-84-9, and 20 percent is 2,6-TDI, with CAS number 91-08-7. The CAS number that appears on the MSDS for TDI is 26471-62-5. How should the facility report? CAS number 26471-62-5 covers the mixture of the 2,4- and 2,6-TDI isomers. The 2,4- and 2,6-TDI isomers are also individually listed under EPCRA Section 313. When the threshold quantity and de minimis concentration for each isomer in the mixture are exceeded independently, the facility may report under the individual isomer listings or under the mixed isomers listing. When the threshold quantity and/or de minimis for each isomer in the mixture are not exceeded independently, but are exceeded collectively, the facility should report under the CAS number for TDI (mixed isomers). 448. According to the Chemical Abstract Service (CAS), the Chemical Abstracts Registry name for CAS number 26471-62-5 is "benzene, 1,3-diisocyanatomethyl-." The structural formula that describes this CAS number is as follows: NCO NCO This name and structure imply only that the isocyanate groups must be one/three with respect to one another and that the position of the methyl group is not known. It should be noted that neither the name nor the structure imply that there is necessarily a mixture of chemicals. The EPCRA Section 313 list of toxic chemicals (40 CFR Section 372.65) includes CAS number 26471-62-5 with the name "toluene diisocyanate (mixed isomers)." This name implies no positional relationship of the isocyanate groups with respect to each other or to the methyl group. In addition, the name seems to imply that there must necessarily be a mixture of compounds for this listing to apply. For the purposes of EPCRA Section 313 reporting, what compounds are reportable under the CAS number 26471-62-5? The chemical name "benzene, 1,3-diisocyanatomethyl-" is listed as a synonym for "toluene diisocyanate (mixed isomers)" under CAS number 26471-62-5 inEPA's document Common Synonyms For Chemicals Listed Under Section 313 of the Emergency Planning and Community Right-To- 145 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Chemical Qualifier, Activity Threshold, Ammonia, Aqueous, Anhydrous, Release Reporting Know Act. EPA 745-R-95-008, March 1995. For purposes of reporting under EPCRA Section 313, "toluene diisocyanate (mixed isomers)" includes any possible mixture of any toluene diisocyanates in which the isocyanate groups are separated by one carbon in the ring (i.e.. are one/three to each other). This listing includes the 2,4-, 2,6-, and 3,5- isomers of toluene diisocyanate (TDI). TDI is commonly manufactured as a mixture of isomers (e.g.. an 80:20 mixture of 2,4- and 2,6-TDI). Even if the mixture is made up of the specifically listed isomers (i.e.. 2,4- and 2,6-TDI), the listing "toluene diisocyanate (mixed isomers)" still applies. The "mixed isomer" listing is meant to include any mixture that contains two or more of the toluene diisocyanate isomers (i.e.. 2,4-, 2,6-, or 3,5-TDI). The specifically listed 2,4- and 2,6- TDI isomers should be reported individually if not present as a mixture of TDI isomers. If, however, the individual thresholds for the pure TDI isomers are exceeded, the covered facility may file a single report for TDI (mixed isomers) and include the total quantity released or otherwise managed as waste. 449. A covered facility processes an aqueous ammonia solution from water-dissociable ammonium salts in tanks and open vats. Evaporative losses occur at several points during processing. Are these evaporative losses considered releases of aqueous ammonia or anhydrous ammonia for purposes of EPCRA Section 313 reporting? Evaporation and drying losses from aqueous ammonia solutions result in the release of anhydrous ammonia, which is 100 percent reportable under the EPCRA Section 313 ammonia listing. Although EPA modified the ammonia listing on June 30, 1995 (60 FR 34172), the modification only limits the quantity of aqueous ammonia that is reportable. The modification does not apply to anhydrous ammonia, which remains 100 percent reportable. Owners or operators must still include all anhydrous ammonia manufactured, processed, or otherwise used at a covered facility in threshold determinations and release and other waste management calculations. Anhydrous ammonia generated through the evaporation or drying of aqueous ammonia solutions derived from water-dissociable ammonium salts or other sources must be counted toward the applicable activity threshold. For example, if & facility processes aqueous ammonia, it has processed 100 percent of the aqueous ammonia in that solution. If the ammonia stays in solution, then 10 percent of the total aqueous ammonia is counted toward thresholds. If there are any evaporative losses of anhydrous ammonia, then 100 percent of those losses must be counted toward the processing threshold. If the manufacturing, processing, or otherwise use thresholds for the ammonia listing are exceeded, the facility must report 100 percent of these evaporative losses in Part U, Sections 5 and 8 of the Form R. 146 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Threshold Determination, Release Reporting, Chemical Qualifier, Ammonia, Aqueous, Anhydrous 450. Ammonia is included on the EPCRA Section 313 toxic chemical list with the qualifier "includes anhydrous ammonia and aqueous ammonia from water dissociable ammonium salts and other sources; 10 percent of total aqueous ammonia is reportable under this listing" (40 CFR Section 372.65). As this qualifier indicates, the quantities applied to EPCRA Section 313 threshold determinations depend on the specific form of ammonia manufactured, processed, or otherwise used, and release and other waste management calculations also depend on the form of ammonia released or otherwise managed as waste. How does one distinguish between anhydrous ammonia and aqueous ammonia for the purpose of this listing? What are the differences in threshold determinations and release and other waste management calculations for the two forms of ammonia? The term "anhydrous" means "lacking water," whereas "aqueous" means "dissolved in water." Anhydrous ammonia (in either the gas or compressed liquid state) may, however, contain a small amount of water. The presence of water in anhydrous ammonia does not constitute aqueous ammonia unless the amount of water present is sufficient to dissolve the ammonia. If ammonia is not actually dissolved in water, then the ammonia must be considered anhydrous. Facilities must be able to distinguish between anhydrous ammonia and aqueous ammonia when making threshold determinations and release and other waste management estimates because different percentages of the total amount of ammonia apply depending on the form of ammonia present. If anhydrous ammonia is manufactured, processed, or otherwise used, then 100 percent of the anhydrous ammonia must be counted when determining whether an activity threshold has been exceeded. If the facility exceeds an activity threshold for ammonia (anhydrous and/or aqueous), then all of the anhydrous ammonia released and otherwise managed as wastes must be included in the facility's release and other waste management calculations. Total aqueous ammonia includes both the ionized (NH4+) and un-ionized (NH3) forms of ammonia present in aqueous solutions. When a facility manufactures, processes, or otherwise uses aqueous ammonia, it is conducting a threshold activity on 100 percent of the aqueous ammonia. However, the facility owner or operator counts only 10 percent of the total aqueous ammonia involved in a covered activity when making threshold determinations. Similarly, when estimating annual releases and other waste management estimates of ammonia from a facility, only 10 percent of the total aqueous ammonia must be included in the calculations. Dissolving water-dissociable ammonium salts in water constitutes the manufacturing of aqueous ammonia. According to the ammonia qualifier, 10 147 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Threshold Determination, Concentration, Chemical Qualifier, Ammonia, Ammonium Hydroxide percent of the total amount of aqueous ammonia created must be applied toward the 25,000-pound manufacture threshold as well as the processing or otherwise use threshold, depending on the use of the aqueous ammonia at the facility. However, since 100 percent of the anhydrous form of ammonia is reportable under the ammonia listing, all anhydrous ammonia used to make aqueous ammonia must be applied toward either the processing or otherwise use threshold, depending on the use of the aqueous ammonia solution at the facility. 451. An EPCRA Section 313 covered facility maintains a Material Safety Data Sheet (MSDS) for ammonium hydroxide (CAS number 1336-21-6). The MSDS lists the concentration of total ammonia in the ammonium hydroxide at 29 percent. To assist covered facilities in calculating total ammonia in aqueous solutions, EPA has published a guidance document titled EPCRA Section 313 Guidance for Reporting Aqueous Ammonia, which lists NH3 equivalent weight percents for chemical sources of aqueous ammonia. Ammonium hydroxide is listed as a chemical source of aqueous ammonia consisting of 48.59 percent total aqueous ammonia (Table 1, p. 12). When calculating the weight of total aqueous ammonia from ammonium hydroxide, should a facility use the percentage on the MSDS or the percentage in the Agency's guidance document? When calculating the weight of total aqueous ammonia in other solutions of aqueous ammonia, what percentage should a facility use if given the choice between EPA's guidance document and solution-specific information? The chemical ammonium hydroxide (NH4OH) is a misnomer. It is a common name used to describe a solution of ammonia in water (i.e.. aqueous ammonia), typically a concentrated solution of 28 to 30 percent ammonia. EPA has consistently responded to questions regarding the reportability of these purported ammonium hydroxide solutions under the EPCRA Section 313 ammonia listing by stating that these are 28 to 30 percent solutions of ammonia in water and that the solutions are reportable under the EPCRA Section 313 ammonia listing. For a more detailed discussion, see page 34175 of the Federal Register final rule of June 30, 1995 (60 FR 34172). Facilities should use the percent total ammonia specified on the label of ammonium hydroxide solutions they purchase to determine the total ammonia content in these solutions. Ammonium hydroxide has the chemical formula NH4OH; however, as mentioned above, strong evidence indicates that the species NH4OH does not exist. Bottles of concentrated aqueous ammonia purchased from chemical supply companies are almost always labeled ammonium hydroxide. These solutions primarily consist of molecules of NH3 dissolved in water (along with small amounts of ionized ammonia). The 48.59 percent listed in Table 1 for ammonium hydroxide is 148 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Ammonium Salts, Ammonium Chloride Chemical Category, Threshold Determination, Release Reporting, Delimited Category, PACs based on the ammonia weight of the chemical formula NH4OH, not the actual concentration of total ammonia in ammonium hydroxide solutions. The actual concentration may vary depending upon the amount of NH3 used to make the solution. Thus, Table 1 may not accurately reflect the actual weight of total aqueous ammonia in any given solution labeled ammonium hydroxide. The percentages, reported in Table 1 as NH3 equivalent weight percents for chemical sources, are the precise percentages of total ammonia (expressed as NH3 equivalent weights) contained in each chemical listed based on the molecular formula for each chemical. Except for ammonium hydroxide, these numbers are exact for the pure chemical and do not vary. Facilities can use these numbers to calculate how much total ammonia will be in aqueous solutions made from these chemicals. If more specific information on the actual concentration of total ammonia in an aqueous solution is available from another source, such as anMSDS, label, or measurement, facilities can use this information rather than performing the calculations prescribed in the EPCRA Section 313 Guidance for Reporting Aqueous Ammonia. 452. Do ammonium salts such as ammonium chloride need to be reported under EPCRA Section? Water dissociable ammonia salts, such as ammonium chloride, are reportable if they are placed in water. When ammonium salts are placed in water, reportable aqueous ammonia is manufactured. Ammonia (not ammonium salts) is on the list of toxic chemicals with the qualifier: "includes anhydrous ammonia and aqueous ammonia from water dissociable ammonium salts and other sources; 10 percent of total aqueous ammonia is reportable under this listing." As indicated in this qualifier, all aqueous ammonia solutions from water dissociable ammonium salts are covered by the ammonia listing. For example, ammonium chloride is a water dissociable ammonium salt. Reportable aqueous ammonia will be manufactured when it is placed in water. Ten percent of the total ammonia present in an aqueous solution containing ammonium chloride must be included in threshold determinations and release and other waste management calculations. 453. On November 30,1994 (59 FR_61432), EPA finalized the addition of 286 chemicals and chemical categories to the EPCRA Section 313 toxic chemical list. These additions, effective for the 1995 reporting year, include 39 chemicals as part of two delimited chemical categories. A delimited category includes a finite number of chemicals specifically designated by EPA to be included as part of that category. Are threshold determinations and release and other waste management calculations for these two delimited chemical categories different than threshold determinations and release and other waste management calculations for other EPCRA Section 313 listed chemical categories? 149 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers CAS Numbers, Radioactive Cobalt, Threshold Determination CAS Numbers Threshold determinations are made in the same manner for both delimited and nondelimited categories. If a covered facility manufactures, processes., or otherwise uses more than one member of a listed chemical category, the total volume of all the members of the category must be counted towards the applicable activity threshold (40 CFR Section 372.27(d)). If an activity threshold is exceeded, the owner or operator of the facility is required to report under EPCRA Section 313. The report must cover all non-exempt activities at the facility involving members of the category. The two delimited categories added on November 30, 1994, are diisocyanates and polycyclic aromatic compounds (PACs). The diisocyanates category consists of 20 specific members and the PACs category consists of 19 specific members. For reporting on delimited categories, only the members that are specifically listed as part of the category are subject to EPCRA Section 313 reporting. When reporting other nondelimited chemical categories, any unique chemical substance that contains the named category compound as part of that chemical's structure, or any compound meeting the specified molecular formula, is subject to threshold determinations. EPA has developed guidance to facilitate accurate reporting for PACs entitled Guidance for Reporting Toxic Chemicals within the Polycyclic Aromatic Compounds Category (EPA 745-R-95-003). The guidance contains a list of Chemical Abstract Service (CAS) numbers for the individual chemicals within the PAC category and a CAS number list of some mixtures that might contain chemicals within the PACs category. 454. Must a facility consider the use of the radioactive Cobalt-60 (CAS number 10198-40-0) in its threshold calculations for cobalt (CAS number 7440-48-4)? Cobalt-60 with CAS number 10198-40-0 is not on the list of toxic chemicals under EPCRA Section 313. As such, Cobalt-60 is not reportable under EPCRA Section 313. The listed toxic chemical is cobalt with CAS number 7440-48-4. 455. The Chemical Abstract Service (CAS) maintains a computerized filing system that contains two main index files. The chemical abstract file provides bibliographic information referencing chemicals appearing in over 9,000 journals, papers, and symposiums from 1967 to the present. The chemical abstract file is an important tool for people interested in learning about the research, patents, and uses for specific chemicals. The chemical registry number file assigns CAS registry numbers to unique chemicals for purposes of identification. Assigning a CAS number to a particular chemical facilitates managing and regulating that chemical by universally identifying it with a specific number. Only one CAS number is assigned to each chemical and under 150 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Chemical Category, Waste Treatment, Off-site Transfer, Barium Sulfate, Barium Chloride EPCRA Section 313, only one CAS number is listed per toxic chemical. If chemicals are to be assigned only one CAS number, why are some chemicals listed with multiple Chemical Abstract Service (CAS) numbers in 40 CFR Table 302.4 and the Title III List of Lists (EPA 550-B-98-017)? There are two possible reasons for a chemical to have multiple numbers. The CAS numbers could refer to different forms of a chemical where each is considered unique for its particular properties and characteristics. The CAS registry number file includes the registry number, synonyms, chemical structure, and molecular formula for each chemical recorded in the file. If specific research has been done on a particular form of a chemical, a separate CAS number may be assigned to that particular form to facilitate the search process in the CAS file. For example, sodium hypochlorite is listed with two CAS numbers, 7681-52-9 and 10022-70-5. The former refers to the sodium salt form of hypochlorous acid, sodium hypochlorite, while the latter refers to the pentahydrate form of sodium hypochlorite. Both forms could be called sodium hypochlorite, thus sodium hypochlorite has, in effect, two CAS numbers. A chemical may also be listed with multiple CAS numbers when multiple numbers have been inadvertently assigned to the same chemical. This multiple assignment can occur when forms of a chemical are originally believed to be unique, but after further review by chemists, are identified as the same chemical. In this case, all the CAS numbers are cross-referenced, allowing the chemical to be located with any assigned number. The misassigned numbers are deleted as registry numbers, but remain on file for referencing purposes. The CAS number first assigned is the more accurate number to use when denoting the chemical. Although all of the numbers will find the chemical, only the more accurate number will prompt the CAS registry file system to display the name, synonyms, and characteristics associated with the chemical. Chromic acid, listed with CAS numbers 1115-74-5 and 7738-94-5, illustrates this situation. After further review by chemists, CAS number 1115-74-5 was deleted as a registry number, but remains on file for future reference. CAS number, 7738-94-5 is the more accurate number to identify chromic acid because it was the first registry number assigned. 456. Waste containing barium chloride is shipped off site to a RCRA treatment, storage, or disposal (TSD) facility. The TSD facility treats the barium chloride, converting it to barium sulfate. The barium sulfate is stabilized and subsequently disposed. Since barium sulfate is excluded from the EPCRA Section 313 barium compounds category, should the barium chloride be reported as shipped off site for treatment or transferred off site for disposal! 151 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Threshold Determination, Mixture CAS Number, MDI Barium chloride is being converted into a chemical that is not reportable under EPCRA Section 313. Therefore, the barium chloride would be considered to be treated for destruction. The barium chloride should be reported in Section 6.2 as transferred off site for treatment. M69—other waste treatment—should be used. Despite the fact that barium chloride is a metal compound, the quantity of barium chloride transferred off site should be reported in Section 8.7 rather than Section 8.1. The waste management of barium chloride is reported this way in Section 8 because the metal compound that barium chloride is converted to (barium sulfate) is not reportable and thus the barium chloride can be considered destroyed. The following is effective starting January 1, 1998: The TSD facility receiving the barium chloride should apply the quantity of the barium chloride that is converted to barium sulfate to the otherwise use threshold because it received the barium chloride from offsite for purposes of waste management and the facility treated the barium chloride for destruction (a listed chemical converted into a non-listed chemical). The TSD should also report the quantity of barium chloride that was treated for destruction in Section 8.6 (Quantity Treated On-site). It should also report any other releases or other waste management activities associated with the treatment for destruction of this toxic chemical. 457. A covered petroleum refinery manufactures naphtha from crude oil. A paraffin, olefin, naphthalene and aromatics (PONA) analysis revealed that the naphtha contains 2.5 percent by weight of C9 alkylbenzenes. Only two out of a possible eight C9 alkylbenzenes are reportable under Section 313. How would this manufacturer calculate the Section 313 reporting threshold for the generic chemical name category of C9 alkylbenzenes in this instance? The facility should not report for the generic mixture name, such as C9 alkylbenzenes, but for the specific chemical. Since the facility does not know the concentration of each chemical in the naphtha, and assuming 2.5 percent as the upper bound for each is unrealistic, the facility should assume that each listed C9 alkylbenzene is present and divide the concentration evenly between the eight. 458. A facility processes methylenebis(phenylisocyanate) abbreviated MDI. MDI is listed under the EPCRA Section 313 diisocyanates category with the CAS number 101-68-8. The MDI purchased by the facility, however, has the CAS number 26447-40-5. How should the facility treat this material with regard to Section 313 reporting requirements? The EPCRA Section 313 listed chemical and the purchased chemical are not necessarily the same chemical. The purchased chemical is termed by the 152 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 3 Mixture, Compound Mixture, Compound, Release Reporting Mixture, CAS Number, Best Available Information Mixture, Mixture Name, Part II Section 1 Chemical Abstract Service as an incompletely defined substance that may be or may contain the listed chemical. The facility must use all available information (e.g.. supplier notification information), to identify the amount of the listed toxic chemical present in the purchased material for threshold determinations and release and other waste management calculations. If this material does contain MDI, the quantity of MDI present should be included in all threshold calculations for the diisocyanates category. C. Mixtures (see also Appendix A: Section 313 Policy Directive #4 - Compounds and Mixtures) 459. What is the difference between a mixture and a compound? When a compound is formed, the identities of the reactant chemicals are lost, but in a mixture, the individual components retain their own identity and could be separated again. For example, since polyethylene is a reaction product, it is not a mixture for EPCRA Section 313 purposes and is not subject to reporting. Steel fabricated into its solid form is considered a mixture because the individual metals retain their chemical identity. 460. Must a facility report the various mixtures of compounds and substances that it manufactures! P± facility must consider the specific compounds within mixtures, not the mixtures themselves, to determine whether a report must be filed. The individual listed chemicals or chemical compounds in mixtures are separately reported. 461. When a company has a mixture on site that does not have its own CAS number, what CAS number should be used? The company should use the best readily available information (e.g.. MSDSs, supplier notifications, and process and chemistry knowledge) at the facility to identify the listed Section 313 toxic chemicals in the mixture, in accordance with 40 CFR Section 372.30. A separate report must be filed for each toxic chemical for which the fraction of the toxic chemical in the mixture multiplied by the total weight of the mixture processed or otherwise used exceeds the applicable threshold. The toxic chemicals are treated as if they were present in pure form and each is reported under its own CAS number. 462. When should the '"''mixture component identity" field on the Form R be used? The mixture component identity field is to be used only when & facility knows that a mixture it purchases and processes or otherwise uses contains a listed Section 313 toxic chemical but it does not know which toxic chemical (i.e.. the supplier keeps the toxic chemical identity a trade secret). The 153 ------- SECTION 3 1998 EPCRA Section 313 Questions and Answers Mixture, TDI (Mixed homers), Threshold Determination Metal Alloy, Mixture Mixture, Threshold Determination facility must use the toxic chemical or the toxic chemical category name field in all other circumstances (unless it is declaring the toxic chemical a trade secret toxic chemical and is filling out a sanitized version of the form). 463. A facility has three separate process streams, one containing 2,4-toluene diisocyanate (TDI), with CAS number 584-84-9, the second containing 2,6-TDI, with CAS number 91-08-7, and the third containing TDI (mixed isomers) with CAS number 26471-62-5. How should a facility calculate the thresholds and releases for each isomer and for mixtures of TDI isomers? If the facility knows the composition of the mixture, should they total the amount of the pure 2,4-TDI and 2,6-TDI with the amount in the mixture to determine if the threshold for the individual isomers has been met? No. The Section 313 list of toxic chemicals includes listings for pure 2,4- TDI, pure 2,6-TDI and TDI (mixed isomers). The facility should calculate the thresholds separately for each process stream that contains the pure TDI isomers and the mixed TDI isomers. The individual TDI isomers of the mixed isomer process stream should not be applied to the thresholds of the pure isomers. If the individual thresholds for the pure TDI isomers are not met, no reporting is necessary. If the individual thresholds for the pure TDI isomers are exceeded, the facility may file a single report for TDI (mixed isomers) and include the total quantity released or otherwise managed as waste of all three process streams, or they may file three separate reports. If the thresholds for each TDI isomer in the mixed isomer process stream are not exceeded independently, but are exceeded collectively, the facility must report under the CAS number for TDI (mixed isomers). 464. How is galvanized sheet metal considered for EPCRA Section 313 reporting? Are metals in alloys subject to Section 313 reporting? Galvanized sheet metal is an alloy of several different metals. An alloy is considered a mixture for Form R reporting because the individual metals in the alloy retain their chemical identities. Like all other listed toxic chemicals in mixtures, alloys are subject to Form R reporting. When determining whether a facility meets an activity threshold, the owner/operator should only consider the weight percent of the listed chemical in the alloy. 465. A covered facility brings in natural and synthetic rubber in slab form. It then adds chemicals to the rubber to change it to what they are making (i.e., tennis balls). Does the facility need to consider the toxic chemicals in the rubber it receives? Yes. Rubber is a mixture for reporting purposes. Therefore, the toxic chemical weights must be added to the threshold determination if their concentrations are above the de minimis concentration limit (1 percent, or 0.1 percent for OSHA carcinogens). The weight added would be the weight percent of the toxic chemical multiplied by the weight of the rubber slab. 154 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Releases Releases, Accidental Releases, EPCRA Section 304 Releases, Monitoring Releases, Reasonable Estimates Section 4. COMPLETING THE FORM R: RELEASES AND WASTE MANAGEMENT CALCULATIONS A. Releases of the Toxic Chemical 466. What is the definition of a toxic chemical "release" under EPCRA Section 313? Under Section 329, EPCRA defines a release as 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)." Under Section 313, covered facilities are required to take into account in their reports all toxic chemicals entering each environmental medium (e.g.. "routine" and "accidental" releases) 467. What is the difference between a release under EPCRA Section 304 and a release under EPCRA Section 313? Would accidental releases reported under Section 304 have to be included in the Section 313 report? Section 304 releases are accidental releases of extremely hazardous substances, requiring an emergency notification. Reporting under Section 313 includes the total amount of the toxic chemicals, both routine, operational and accidental releases. Thus, Section 304 releases of listed Section 313 toxic chemicals must be factored into releases reported under Section 313. 468. Is it true that covered facilities need not make any special effort to measure or monitor releases for Section 313 reporting and may use information that is on hand? Yes, EPCRA Section 313 states that covered facilities need not conduct monitoring or other activities beyond that required by other statutory or regulatory requirements (EPCRA Section 313(g)(2)). Congress included this language to limit the burden on the affected industry for development of release and other required data. Without measurement or monitoring data, the facility is required to make reasonable estimates using its best readily available data. 469. Section 313(g)(2) of EPCRA states that the owner or operator of a facility may use readily available data. In some cases, the available data may be known to be non-representative and reasonable estimates offer more accurate release information. Would EPA, in this instance, favor use of the estimates rather than data? Yes, it is preferable to use reasonable estimates using the best readily available information if available data (including monitoring data) is known to be non-representative. 155 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Reasonable Estimates, Readily Available Reasonable Estimates, Ozone Reasonable Estimates, Detection Limit Basis of Estimate, Reasonable Standard 470. If a covered facility has analytical data that will take extensive time and money to calculate emissions, can that facility use the maximum emission level specified in their permit to calculate their emissions? EPCRA allows facilities to use its best readily available data to provide information required under Section 313. When data are not readily available, EPCRA allows facilities to use "reasonable estimates" of the amounts involved. An owner/operator facility must use his/her best judgment to determine whether analytical data are readily available. If they are not, the facility's use of maximum emissions levels, as specified in its permits, may be a reasonable basis from which to form its estimates. In any event, the owner/operator should carefully document the reason for its decision making. 471. Ozone is manufactured as a result of the generation and transmission of electric power. Must the electricity generatingyaci/iYy report the amount of ozone manufactured'! Yes. Amounts of ozone (a toxic chemical) manufactured at a covered facility must be considered toward the facility's manufacturing threshold for ozone. If the facility knows that ozone is being manufactured, then the facility must use its best readily available information to provide reasonable estimates in making threshold and release and other waste management calculations. 472. If a covered facility has analytical data indicating the concentration of a Section 313 chemical is below the limits of detection and the facility has no information on the probability of the chemical being present in that wastestream (e.g., Superfund waste), should the facility use half the detection limit? What documentation will EPA require if the facility asserts that it had no basis for expecting the Section 313 chemical to be present? If the facility has no information to indicate that the chemical exists in the wastestream, it may assume that the concentration is zero. If the facility has reason to believe that the listed toxic chemical is present, it may use half of the detection limit. The facility should document that it looked at all readily available data in making this determination. 473. Is it appropriate for a covered TSDF to develop an average concentration for a Section 313 chemical contained in thousands of different wastestreams managed by the facility, and then use that average as a basis for threshold determinations? If so, does EPA have a recommended approach for developing such as average? EPCRA allows covered facilities to use the best readily available data to provide information required under EPCRA Section 313. When data are not readily available, EPCRA allows facilities to use reasonable estimates of the 156 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Reasonable Estimates, Chromium Releases, Reporting Deadline, Best Available Information Reporting Requirements, Photocopying amounts involved. A facility must use its best judgment to determine whether data are readily available. Thus, with regard to use of average concentration levels, & facility must use its best judgment to decide whether the raw data from which it might base any average concentration level are readily available. In any event, & 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 toxic chemical in the wastestream. EPA does not have a recommended approach for determining average concentration levels. 474. A covered treatment, storage, and disposal (TSD) facility receives a waste from off site that contains chromium. The waste profile indicates only that the wastestream contains chromium. The waste profile does not indicate if the waste contains elemental chromium or a chromium compound. Can the TSD make threshold determinations based on the assumption that the chromium contained in the wastestream is present as elemental chromium? A facility must use the best readily available information to determine which listed chemicals or compounds are being manufactured, processed or otherwise used. If the waste profile is incomplete or inaccurate, the facility should look to other sources of information that it believes are more representative of the needed information. Facilities should document assumptions and calculations used in making their determinations. 475. Form R requires estimates of the release to the environment of listed toxic chemicals in specific release categories. If a facility is unable to complete its estimate of these releases by the deadline, should the company leave that entry blank and promise a future estimate, or make the best estimate possible and submit later revisions? Any covered facility must report by July 1 for the previous reporting year, and the data provided should be the best estimate using the best readily available data. Records supporting the data must be kept for three years. If more accurate data are developed, the facility may submit revised forms. EPA can take enforcement action if they believe that the data do not represent reasonable estimates. 476. A covered facility handles the same amount of chemicals each year, with the same emissions quantities. Is it allowable to simply change the date on the previous year's Form R, photocopy it, and send the altered document in, if no information but the date has changed? 157 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Releases, Disposal Releases, Loading Emissions Releases, Fugitive Air Emissions, Lab Hoods Releases, Emission Factors, Best Available Information Estimating Releases EPA allows facilities to photocopy certain portions of a prior year's reporting form. However, EPA requires original signatures on each year's report. Prior year reports can and should be used as a basis or gauge for current year reporting, but should not be used as a substitute for current year reporting. 477. Is the disposal of toxic chemicals in wastes in the form of dusts, shavings, or turnings that result from grinding or drilling of metal items considered a "release of a toxic chemical!" Yes, disposal of dusts, shavings, or turnings containing Section 313 toxic chemicals is considered a release. 478. Tank trucks and rail cars physically enter a facility. While loading for transport, toxic chemical emissions occur. Are these emissions subject to reporting under Section 313? Yes, as long as the toxic chemicals are not under active shipping papers and the loading and the releases occur within the facility boundary, the releases must be reported if the facility meets the toxic chemical activity, employee, and SIC code criteria. 479. Are releases from lab hoods considered fugitive air emissions? The releases from lab hoods are point source air emissions. Therefore, the releases are reportable and should be accounted for in Part n, Section 5.2 of the Form R, if the facility exceeds an appropriate threshold. (See also Section 2D on the Laboratory Exemption.) 480. A paint manufacturer needs to estimate emissions of Section 313 chemicals. How can the owner or operator estimate solvent emissions from open or partially open mixing tanks, and speciate total solvent emissions data into specific compound emissions? Facilities should use the best readily available information. Emission factors are available in Compilation of Air Pollutant Emission Factors (AP-42) for estimating total VOC emissions from paint manufacturing. 481. How should a facility estimate sulfuric acid drifting (aerosol) out of a cooling tower? There is no accepted procedure/guidance for how to best estimate this sulfuric acid drift. Is this reportable? Amounts of sulfuric or hydrochloric acid aerosols that drift from process steps are considered a release and are reportable provided the facility has exceeded thresholds. Facilities must use their best readily available information in developing estimates. This information may come from a variety of sources, and to assist facilities in determining what is reportable for sulfuric acid aerosols, EPA has published a guidance document entitled, 158 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Releases, Landfill, Migration Releases, Groundwater, Migration Threshold Determina- tion, Outdoor Storage Pile Release Reporting, Storage, Stockpiles EPCRA Section 313 Guidance for Reporting Sulfuric Acid (EPA-745-R-97- 007; November 1997). Facilities may also find equipment operating specification information useful in developing threshold determinations and release and other waste management calculations. 482. Do we need to report leaking, abandoned landfills? What if we don't know if it is leaking? Leaks from landfills need not be reported. EPA requires reporting of the amount of a toxic chemical placed in an on-site landfill during the year. The facility is not required to estimate migration from the landfill for years other than the reporting year. 483. Are groundwater releases required to be reported? If so, what if a facility has a surface impoundment which it suspects is leaking? How is the amount being released calculated? Releases to underground injection wells, surface impoundments, or landfills should be reported. Estimates of amounts leaking from such disposal and possibly reaching groundwater should not be reported. EPA may model the potential for such leaks or migration, but does not requirefacilities to estimate such further migrations. 484. A mining/aci'/iYy stores coal or ore outside. One or more listed toxic chemicals are contained within the storage piles. Due to exposure and weathering influences, other listed toxic chemicals are manufactured in the storage piles and may subsequently run-off onto land or surface water. How should the facility consider the manufacturing of listed toxic chemicals within a storage pile? Amounts of listed toxic chemicals known to be manufactured on-site from the storage of raw materials, mixtures, or trade name products must be considered toward the manufacturing threshold for those chemicals. The term manufacture means "to produce, prepare, import, or compound a toxic chemical." If the miningfacility has knowledge that a listed toxic chemical is manufactured on-site, the facility should count the amount of the listed toxic chemical manufactured toward the manufacturing threshold. 485. A mining/aciViYy leaches metals from an outdoor ore pile and collects the leachate for further processing. Should the toxic chemicals in the pile be reported as a release to land on the Form R? During the leaching, the ore pile is considered part of the facility's process, and toxic chemicals in the pile should not be reported as a release to land. Once the leaching process is complete, and the ore pile is "closed," the facility will report the toxic chemicals remaining in the pile as a release to 159 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Releases, Disposal, Ultimate Disposition, Recycle Releases, Definition of Facility Releases, Chemical Conversion, Chlorine land in Part II, Section 5.5.4 (Other Disposal) of the Form R. However, amounts of listed toxic chemicals that escape the pile during the facility's leaching process and are either released to land or surface water, for example, must be considered toward release calculations if a threshold has been exceeded. 486. A covered facility discharges waste containing listed Section 313 metals to an on-site cooling pond. The metals accumulate and settle over time, and the water is then drained from the cooling pond, leaving the heavy metal sludge. The sludge is then dredged and sent off-site to a recycler. How should the toxic chemicals left in the pond, after the sludge has been removed for recycling, be reported? A facility must report the ultimate disposition of listed toxic chemicals from the facility during the reporting year. Listed toxic chemicals remaining in the sediments after the sludge is sent off-site to a recycler are "released to land." Listed toxic chemicals sent to a receiving stream when the waste water is drained are "released to water." 487. A covered facility is adjacent to a lagoon which the facility does not own but to which it pays to discharge wastes. The facility, however, is in effect the operator of the lagoon. In one year, the facility released a listed mineral acid into the lagoon as an attempted pH control. Must the facility report for the release of the listed mineral acid, even though the process was a one-time treatment method that will not be repeated? Yes, the facility must report the release of the listed acid if it meets the threshold criteria for reporting. The facility was acting as operator of the waste treatment site and must report listed chemicals otherwise used in excess of the threshold. Because the facility operates the lagoon and it is adjacent to the rest of the site, the lagoon is part of the facility. 488. How are chlorine releases reported? Must chlorine, CAS number 7782-50-5, be reported if it is transformed into another chemical compound during the release process? If chlorine is present in waste released by a facility it must be reported even though the chlorine may be transformed in the environment subsequent to the release. If the chlorine is transformed in the wastestream prior to any releases., the facility must still report if an activity threshold is met, but the amount reported may be zero. 160 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Releases, Acids, Release Reporting, Release to Land, Chemical Conversion Releases, Point Source Air Emissions, Fugitive Air Emissions Emission Factors, Pulp and Paper Mills Releases, Pipes, Release Reporting 489. A. facility mines magnesium-rich brine from an on-site well. After extracting the magnesium, it disposes of the brine in on-site disposal wells. In order to keep the disposal well formation clean and usable, the facility pumps 280,000 pounds of a reportable mineral acid into the wells. The facility considers this an otherwise use of the acid. Since the acid would be neutralized before it migrates off-site, is it also a release to land? Yes. The facility must consider their use of a reportable acid as an on-site release to land even though subsequent to the release the acid may be neutralized in the process of cleaning the well. EPA does not allow facilities to reduce the quantity reported as released to the environment based on conversions of a chemical in the environment after the chemical has been released by the facility. 490. Our facility paints metal cabinets and the paint solvents contain a listed toxic chemical. The system consists of a closed, vacuum vented painting room and a closed oven room vented by an oven stack. Are releases from the vent to the outside of the building over the painting room considered "releases from building ventilation systems" and therefore reported as fugitive emissions? No, fugitive releases are emissions that are not in a confined directional air flow. Since your building vent system over the painting room is a confined air stream, it can be combined with the oven stack as a stack or point emission in Part II Section 5.2 of the Form R. 491. Many pulp and paper mills burn wood for on-site electricity and may trigger manufacturing thresholds when one naturally occurring compound changes to another (e.g., copper or manganese compounds change to copper or manganese oxides). Does EPA publish emission factors for metals manufactured from the burning of trees? Emission factors provided in Section 1.6 "Wood Waste Combustion in Boilers of EPA's document AP-42, Compilation of Air Pollutant Emission Factors can be used to calculate emissions for metal manufactured from the burning of trees. However, if a facility has better readily available information that would enable the facility to more accurately calculate the emissions generated, the facility should use that information. 492. Where does one report routine leaks from pipes? Would these be reported as disposed to land? Reporting leaks from pipes requires determining where the released toxic chemical goes. For example, a toxic chemical that evaporates would be reported as a fugitive air emission in Part II, Section 5.1 of the Form R. A 161 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Releases, Combustion Unit Efficiency, Release Calculation Releases, Combustion Unit Efficiency, Metals, Treatment for Destruction Releases, Asbestos, Definition of Friable nonvolatile material leaking into land, or any material leaking from an underground pipe, would be reported as a release to land and entered in Part n, Section 5.5.4 "Other Disposal'' In either case, the toxic chemical would also be reported in Section 8.1. 493. In calculating releases from incinerators, boilers, industrial furnaces and like units, is it sufficient to base the amount released on the efficiency of the unit? Release calculations based solely on the efficiency of the unit may not be sufficient. Facilities must use the best readily available information. For example, the 99.99 percent efficiency of an incinerator may not refer to the destruction and removal of the chemical being reported on the Form R. If that is the case, the efficiency may have no relation to the release quantity of the chemical being reported. Even if the surrogate waste is the chemical being reported, the 99.99 percent efficiency may not only include the quantity of the chemical destroyed by combustion, but may also include the quantity of the chemical that is physically removed. The quantity of the chemical removed can include undestroyed chemical in the ash, and undestroyed chemical discharged from air pollution control devices like scrubbers, precipitators, baghouses, etc. Furthermore, releases of the chemical due to faulty equipment upstream from the feeding point of the combustion device can also be counted as quantity removed and included in the 99.99 percent efficiency calculation. As a result, release calculations based solely on the efficiency of the unit might count the chemical removed as destroyed. This will result in under-reporting of the quantity of the chemical released to the environment. The facility should also examine its operating records to account for chemical releases during upset conditions such as those released from an emergency dump stack. 494. Why does EPA not allow covered facilities to use the efficiency of a combustion unit (e.g., incinerator, industrial furnace or boiler) to calculate releases of metals from the unit? Metals cannot be destroyed by combustion. Therefore, the efficiency of a combustion unit has no relation to the releases of metals from the unit. 495. A covered manufacturing/aci'/iYy uses more than 10,000 pounds of friable asbestos in a diaphragm cell process during the course of a reporting year. During the process, material containing friable asbestos is washed in a treatment unit where it coagulates and is removed by a pressure filter. The filter cake containing asbestos is wetted with ethylene glycol, and the resulting filter cake/ethylene glycol mixture is 162 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Releases, Byproduct, Chemical Identity, Chemical Conversion, Release Reporting Releases, Monitoring, Detection Limit Releases, Emission Factors, Basis of Estimate subsequently landfilled on-site in a closed container. Should the facility report the placement of this asbestos in a landfill as a '•'•release to land" on the Form R? EPA interprets "friable" under EPCRA Section 313 "...as being crumbled, pulverized, or reducible to a powder with hand pressure" (53 FR 4519; February 16, 1988). Facilities are required to report releases or other waste management of only the friable form of asbestos. The facility will report zero releases of friable asbestos to land because the ethylene glycol/asbestos mixture is not considered to contain friable asbestos since the asbestos contained therein is wet (i.e.. with ethylene glycol). The facility would report the amount of friable asbestos that is treated in Part II, Section 8.6. Note that because ethylene glycol is also a listed toxic chemical, the facility would also need to consider this chemical for threshold determinations and release and other waste management calculations. 496. Do the Section 313 reporting requirements overlook the possibility that a substance can lose its chemical identity as a byproduct in a reaction, and that the difference between "input and output" volumes may not always be due to a release? EPA does recognize that a toxic chemical can lose its chemical identity in a reaction by being converted into a new chemical. The facility must still account for the amount they either manufacture or process regardless of whether the listed toxic chemical is converted to another toxic chemical in the process. Releases and other waste management estimates must then be calculated for any part of the process involving the Section 313 listed toxic chemical. In addition, if the byproduct created is a listed toxic chemical, the facility must consider it toward the manufacturing threshold. 497. If a facility monitors for a toxic chemical and the measurement is below the limit of detection of the method, can they report zero releases'! The facility must use reasonable judgment as to the presence and amount of the listed toxic chemical based on the best readily available information. An indication that a reportable chemical is below detection is not equivalent to stating that the chemical is not present. If the reportable Section 313 chemical is known to be present, a concentration equivalent to half the detection limit should be used. The facility should not estimate releases based solely on monitoring devices, but the facility should also rely on its knowledge of specific conditions at the plant. 498. If a company measures its own leaks (valve, flange, pump, etc.) and determines a new fugitive factor, is the code "E" or "M" or "O"? The company should use the code M if it measured releases of the toxic chemical from its equipment at the facility to determine its release amount. 163 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Releases, Basis of Estimate Releases, Emission Factors Basis of Estimate, Emission Factors Releases, Basis of Estimate, Emission Factors Estimating Releases, Section 8 "E" is used only for published emission factors which are chemical specific. However, in this case, the company would use "O" which is used if it measured leaks generally or applied non-published factors developed at other facilities. 499. If total releases are obtained using a combination of estimating techniques, how do we report "Basis of Estimate" in Section 5, Column B? Report the basis of estimate code associated with the technique used to calculate the major portion of each release entry. See examples in the current Form R instructions. 500. Are SOCMI (Synthetic Organic Chemicals Manufacturing Industry) emission factors applicable to the petroleum refining industry as well as to organic chemical manufacturers? Yes, SOCMI fugitive emission factors can be used for the petroleum refining industry even though they are based upon synthetic organic chemicals manufacturing. The refinery user would have to correct for differences in concentrations of the mixtures, because SOCMI factors are based upon pure substances being released. 501. Are emission factors published by other than EPA sources reported as an "E" or an "O"? Published emission factors by sources other than EPA that contain chemical specific emission rates may be reported as "E". Published emission factors that are not chemical specific are indicated as "O". 502. EPA's fugitive emission factors for equipment leaks for the Synthetic Organic Chemicals Manufacturing Industry (SOCMI) and some air emission factors listed in EPA's document AP-42, Compilation of Air Pollutant Emission Factors, are not chemical specific. Should the basis of estimate code be entered as "E" or "O"? Use "O" for non-chemical-specific emission factors. 503. A covered facility has estimated fugitive emissions to be 52 pounds and, based on their lack of precision in this estimate, have reported it as range code B (11-499 pounds) in Section 5 of the Form R. When reporting the quantity released in Section 8.1, what quantity should they use to represent their fugitive emissions when adding up all releases: 52 (the calculated result) or 255 (the midpoint of the range)? The air emissions reported in Section 8.1 should be 52 pounds unless the facility has better information about their emissions. Facilities are not 164 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Releases, Fugitive Air Emissions, Emission Factors Stormwater, Rainwater Run-off NA vs. 0, VOC, Spill, Zero Releases Releases, Air Emissions, Storage Tanks allowed to use range codes in Section 8 of the Form R. In this instance, the owner or operator seems to have estimated their fugitive emissions from data relevant to the listed toxic chemical and the activities occurring at their facility. 504. The emission factors used to estimate releases to air from leaks in pipes are time dependent. What amount of time should be used to determine fugitive emissions from emission factors? In using emission factors to determine fugitive emissions to the air from leaks in pipes, & facility must use the total amount of time over which a pipe contains the listed toxic chemical., since a release will occur whether a toxic chemical is moving or stagnant in the pipe. 505. Should we report the composition of Stormwater as it falls from the sky or do we report its composition once the rainwater has run off soil? The composition should be counted once the rainwater has run onto and off equipment, concrete pads, etc. as a portion of the total facility release to surface water. 506. If a covered facility which exceeds a threshold for a volatile toxic chemical spills ten pounds of it (e.g., dichloromethane), should the facility report NA or zero for releases to the land? The facility should not report NA for the releases to the land, if the facility spills a toxic chemical on the ground. If the facility spills ten pounds of a relatively volatile chemical such as dichloromethane (CAS number 75-09-2) with a high vapor pressure (435 mm Hg) and low adsorption coefficient (Koc = 28), virtually all ten pounds would be expected to volatilize to air. In this case, the ten pounds would be reported in Section 5.1 and zero pounds under section 5.5. NA should only be used in this section to indicate that there have been no releases to land. Although one may expect all of the volatile chemical to volatilize, the zero in Section 5.5 indicates that there was an opportunity for the toxic chemical to remain on the land. 507. How does one use the storage tank equations in Appendix C of EPA's technical guidance entitled Estimating Releases and Waste Treatment Efficiencies (1999 version) to estimate air emissions for a specific toxic chemical in a liquid mixture? You must estimate emissions of the total mixture using average molecular weight and vapor pressure for the mixture, then multiply by the mole fraction of the toxic chemical in the gaseous emission. The required formulas are found in the referenced technical guidance document but are not listed in a step-by-step procedure. 165 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Releases, Fugitive Air Emissions, Storage Drums Releases, Emission Factors, Estimating Emissions, Unknown Composition Releases, Off-site Transfer, Point Source Air Emissions Releases, ppm 508. How does a facility owner or operator estimate fugitive or working losses from drums contained in a warehouse or storage facility'! Fugitive emissions from drums in storage at a covered facility may include emissions from opening and emptying the drums. The facility may consider each drum as a small tank and estimate the amount of toxic chemical contained in the vapor space using methods such as partial pressure determinations found in EPA's technical guidance document, Estimating Releases and Waste Treatment Efficiencies (1999 version) for the Form R. 509. Is there any recommended approach for estimating emissions from facilities whose raw material is of a constantly varying and unknown composition? For example, tar plants receive crude coal tar in batches. No analysis is done on incoming raw materials or on products (or on intermediates) at such facilities. If available, data on the average composition for the specific material or published data on similar substances should be used. 510. A covered manufacturing facility sends a toxic chemical in a waste to an off-site RCRA regulated treatment, storage, and disposal facility (TSD) for recycling. Are emissions discharged by the off-site TSD included as point source emissions on the manufacturing/aci/iVy's Form R or are they not reported? The owner or operator of the manufacturing^7c/7/(y should report the toxic chemical as sent off-site for recycling in Section 6.2 (Transfers to Other Off- Site Locations) and in Section 8.5 (Quantity Recycled Off-Site). The manufacturing facility owner or operator is only responsible for reporting toxic chemical releases and other waste management activities from his/her own facility. If the TSD that recycles the manufacturer's waste is subject to EPCRA Section 313 reporting, the TSD owner or operator would report releases resulting from the recycling activity. 511. If the calculated threshold of a listed toxic chemical is based on the mass utilization of the solution, would the emission of a million pounds of wastewater stream containing 1 ppm of the toxic chemical be the actual mass of the chemical or the mass of the wastewater? Parts per million (ppm) of a toxic chemical in wastewater indicates the concentration of a toxic chemical, not the actual total mass of the toxic chemical. Only the actual mass of the toxic chemical being released should be reported. A million pounds of wastewater stream containing 1 ppm of the toxic chemical is equivalent to one pound of the toxic chemical. 166 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Releases, Air Emissions, Toluene, Partial Vapor Pressure Releases, Air Emissions, Horizontal Storage Tanks Releases, Estimating Releases, Chlorine, Water Treatment, Waste Treatment Releases, Waste Treatment, Release to Land, Absorbent, Water Treatment 512. We manufacture paint and one of the chemicals we use is toluene. We used the Estimating Releases and Waste Treatment Efficiencies guidance document but the answer given is for toluene and mineral spirits and thus is much too high. Can we use the six percent present in the paint mixture times the number of paint mixtures and report that? The partial vapor pressure of toluene in formulations, which is a function of its vapor fraction and mole fraction (not weight percent), can be used. See Appendix C, of Estimating Releases and Waste Treatment Efficiencies (1999 version). 513. How should a covered facility estimate emissions from horizontal storage tanks? The AP-42 equations were developed for vertical tanks. For fixed roof tanks, the working loss equation for vertical tanks can be used. For breathing losses, one can still use the vertical tank equation, except that an effective tank diameter must be substituted for D in the equation. D is the square root of {(4)(area of liquid surface)}/TI;. H is the same as for vertical tanks. 514. How can one estimate emissions of chlorine from use in cooling water treatment? We have tried to estimate the emissions for some cooling water systems based on the amount of water evaporation, wind drift and the amount of chlorine used, but the releases seem too high. Estimating emissions based on the amount used overestimates releases since chlorine is only slightly soluble in water, it reacts with chemicals in the water and it dissipates in side reactions. Multiplying measured residual chlorine by recirculation rate by lost water fraction may also overestimate releases (residual includes other forms of chlorine), but may be the only way to make a reasonable estimate. Please refer to EPA's EPCRA Section 313 Reporting Guidance for Food Processors (EPA 745-R-98-011; August 1998). 515. If a reportable chemical were spilled outside a building at a facility and an absorbent (e.g., kitty litter) was used to absorb the toxic chemicals, would the use of the absorbent be listed as a treatment and be reported in Part II, Section 8 of the Form R? No, the use of the absorbent would not be considered treatment for Section 8 of the Form R but it would be treatment of the wastestream in Section 7 A of the Form R. Only if the toxic chemical was destroyed, such that it was no longer the chemical subject to EPCRA Section 313, would that activity be considered treatment in Section 8. If the absorbent were drummed and sent to a landfill, that would be listed as a transfer to an off-site location for disposal. Any amount of the toxic chemical left on the ground must be accounted for as a release to land and reported in Part n, Sections 8.1 and 5.5. 167 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Releases, Basis of Estimate, Zero Releases, NA vs. 0 Releases, Release to Water Releases, Release Reporting, Release to Land, Disposal, Containment Area Releases, Release Reporting, Containment Area Releases, Release Reporting, Landfill, Remediation 516. For releases and other waste management activities that are reported as zero, what should be reported as a basis of estimate? If we put "NA" (i.e., there's no potential for release) is it necessary to put "NA" in "the basis of estimate" column of the Form R? If you report NA, leave the basis of estimate box blank or enter NA. If you report zero releases then you need to provide a basis of estimate. 517. A covered facility discharges wastewater containing a listed toxic chemical to a stream on-site. This stream, however, is only present during certain times of the year when there is heavy rainfall. Should this release be reported as a release to water or a release to land? If the stream is a named, recognizable waterway, then the facility should report the discharge as a release to water in Part n, Section 5.3 and report the name of the receiving stream in the same Section. If the release is not to a named, recognizable waterway, the release should be reported as a release to land. 518. If a covered facility had a cement lining or other leak restricting device in the area where they store toxic chemical containers and a release from the storage area of the stored toxic chemicals occurs, how is this reported on the Form R? If the facility does not have specific measures for land filling, land farming, or land disposal, then for the purposes of the Form R, the releases would be entered on Part II, Section 5.54 (Other Disposal). This would apply to amounts released that were not cleaned up and removed from the site or otherwise treated and disposed on-site. 519. If a toxic chemical is released into a containment area made entirely of concrete (i.e., there is no contact of the toxic chemical with the ground, or the area is designed to catch such materials in the event of an accidental spill), how should this be reported on the Form R? The material does not have to be reported as released, if the concrete containment area is part of regular processing operations (or is designed to catch such materials in the event of an accidental spill, etc.). However, any material that is not further used (e.g.. there are fugitive air emissions or transfers off-site) must be reported in the appropriate sections on the Form R. 520. For release reporting under Section 313, would a covered facility need to include a listed toxic chemical, such as lead, from remediation activities where contaminated soil is dug up and removed to a hazardous waste landfill? 168 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Releases, Estimating Releases, Reporting Acids, pH Releases, Release Reporting, Acid Neutraliza- tion, pH Releases, pH, Acid Neutraliza- tion, Mineral Acids, NA vs. 0 Releases, POTW,PartII Section 6.1 If the threshold for lead has been exceeded elsewhere at the facility, the amount of lead in the contaminated soil would be included in the release reporting. If the ultimate disposal is removing the soil to a hazardous waste landfill off-site, then this would be reported in Part n, Section 6.2 of the Form R as a transfer to an off-site location for disposal, rather than an on-site release to land. In addition, beginning with reporting year 1991, releases and other off-site waste management associated with remedial actions are also reportable in Part II, Section 8.8 of the Form R. 521. A wastestream containing a reportable acid is neutralized to a pH of 5.5 and then released to a river. How does one calculate the amount of acid that is released to the river? For purposes of reporting under EPCRA Section 313, EPA considers a reportable acid wastestream that has been neutralized to a pH above 6 to be completely neutralized. However, if the pH is below this level (e.g.. 5.5), calculate the amount of acid released based on the amount of base it would take to raise the pH of the wastestream to 7 (not 6). For more information on pH measurements, EPA has published Estimating Releases and Waste Treatment Efficiencies for Mineral Acid Discharges Using pH Measurements (EPA 745/F-97-003). 522. How would a facility report under Section 313 on a wastestream which is neutralized to a pH above 6 before discharged to a POTW? Covered facilities that use Section 313 chemicals for pH adjustments and neutralization must report if they meet the 10,000 pound otherwise use threshold, even if these chemicals are consumed and no releases result. The listed toxic chemical is reported as zero pounds discharged to the POTW in Section 6.1 (Discharges to Publicly Owned Treatment Works) and the entire amount neutralized is reported in Section 8.6 (Treated On-Site). The neutralization process is reported under Section 7A of the Form R (On-Site Waste Treatment Methods and Efficiency). 523. In Part II, Section 6.1 of the Form R (discharges to POTW), if the facility monitors a reportable acid in waste and the pH is above 6 (considered to be 100 percent neutralized), would the release reported be zero or NA? Since there is a potential for discharge of the particular toxic chemical to the POTW, the discharges to the POTW on Part H, Section 6.1 of the Form R would be reported as zero rather than NA. 524. A covered facility uses a mixture containing a toxic chemical. During daily use, the employees become contaminated with the mixture containing the listed toxic chemical. When they finish working with the chemical, they wash it off their hands and down the drain. Would this 169 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Releases, Release to Land, Ultimate Disposition Release Reporting, Ultimate Disposition be a release to a POTW even if the facility does not have a permit to discharge the listed toxic chemical to the POTW? The quantity of toxic chemical washed down the drain would need to be reported as a transfer to a POTW in Section 6.1, regardless of the existence of a discharge permit. 525. A manufacturingyaci'/iYy otherwise used benzene in excess of a reporting threshold during each of reporting years 1995 and 1996. In 1995, the facility generated wastes containing benzene and placed these wastes in an on-site lagoon. The benzene on this waste was reported as a release to land on the Form R for benzene for reporting year 1995. In 1996, benzene from the sludge from the on-site lagoon was transferred to an on-site landfill. During both the original placement in the lagoon and the subsequent transfer to the landfill, benzene was released to air. For the purpose of reporting under EPCRA Section 313, does the owner or operator need to report releases to an on-site landfill and/or fugitive air emissions of benzene on the Form R? The facility should not have reported all of the benzene which was placed in the on-site lagoon as a release to land. The majority of the benzene will evaporate. The purpose of sending a waste to a lagoon is so that the volatiles (in this case benzene) will evaporate and the solids will settle. The facility should have determined, to the best of its ability, what percentage of the benzene would evaporate during that reporting year. It should have reported this amount as a fugitive air emission. The balance should have been reported as a release to land. Both the amount reported as a fugitive air emission and the amount reported as a release to land should have been reported for 1995, the year when the wastes containing the benzene were placed in the on-site lagoon. When completing the Form R for benzene for reporting year 1996, the facility would not report as a release to land any benzene in sludge that was transferred from the on-site lagoon to the on-site landfill as this material was already reported as a release to land on the Form R for the previous year. However, the facility must report on the Form R for benzene for reporting year 1996 any air emissions of benzene that occurred as a result of transferring the sludge from the on-site lagoon to the on-site landfill if the facility met the threshold for benzene. 526. If a facility in one of the newly added 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 that are disposed during the reporting year in which they are disposed., provided certain thresholds 170 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Release Reporting, Ultimate Disposition Joint Venture, Off-site Transfer, Storage, Ultimate Disposition have been met and the facility does not conduct any further activities involving amounts previously disposed. Amounts that 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 toxic chemical placed in an on-site landfill during the year. EPA does not require the facility to estimate migration from the landfill in subsequent years, provided the facility does not conduct activities that further involve the listed toxic chemical disposed. 527. In 1999, a facility disposes of a waste containing benzene in an on- site landfill, but does not exceed an activity threshold for benzene. The facility does not report the amount of benzene released to the landfill in 1999. In 2000, the facility exceeds a threshold for benzene. If some of the benzene released to land in 1999 seeps from the landfill to groundwater (i.e., migration of previously disposed materials), does the facility report the amount of benzene that seeped into groundwater during 1999? No. EPA requires reporting of the amount of a toxic chemical placed in an on-site landfill during the reporting year in which these amounts are disposed. Amounts disposed in previous years are not reportable in subsequent submissions provided no additional activity is performed with these amounts. 528. Company A owns and operates a covered facility. Company B, a 50- 50 joint venture between Company A and Company C, is located within the same site but is owned and operated by a separate person. Company B transfers drums containing toxic chemicals to storage pads at Company A for storage and preparation for off-site transfer. Company B's wastes are manifested separately from Company A's wastes and Company B knows the ultimate off-site destination and handling method. Should Company B report the toxic chemicals transferred to Company A as an off-site transfer to Company A or to the ultimate destination? If Company B is a 50-50 joint venture between Companies A&C, it is not owned, operated or controlled by Company A and therefore is a separate facility from Company A. Since Company B knows the ultimate disposition of the toxic chemical, Company B should report the off-site location as Company A in Part n, Sections 6.2 but should report the type of waste management activity that will ultimately be performed in Part II, Sections 6.2 and 8 on the Form R. If Company B had not known the ultimate disposition of the waste, it would report the toxic chemicals in waste as an off-site transfer for storage only, using waste management code M10 in Part n, Section 6.2 and report the toxic chemical as released in Section 8.1 of the Form R. 171 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Release Reporting, Waste Reuse Release Reporting, Temporary Storage Releases, Release Reporting, Stockpiles, Storage 529. If waste rock placed in a pile at the end of one reporting year is considered a release to land, and is processed in subsequent years, should the tailings/closed dump resulting from the subsequent processing be reported again as a release to land? Yes. Covered facilities must consider amounts manufactured, processed, or otherwise used toward threshold determinations each year. Provided these amounts are not associated with exempt activities and reporting thresholds have been exceeded, amounts released, including disposed, are reportable during the year in which the releases occur. If an amount of a listed toxic chemical previously disposed of is manufactured, processed, or otherwise used in a subsequent year then the facility should consider these amounts as it would new materials brought on-site, and report any waste management activities that are associated with toxic chemicals for which thresholds have been exceeded. 530. Is ash placed on-site in a pile waiting to be sold during construction season considered a release to land for the reporting year prior to its transfer? Amounts of listed toxic chemicals placed on land are considered released under EPCRA Section 313. However, for reporting purposes, material that is placed on-site during a reporting year does not have to be reported as a release to land on-site if the pile was only used for temporary storage during the reporting year. EPA will consider the pile used for temporary storage if: (1) the facility routinely made off-site transfers of material from the pile during that reporting year; or (2) the facility had a contract in place to transfer the material before the end of the reporting year and transferred the material containing listed toxic chemicals off-site before that year's report was submitted or by July 1, whichever comes first. However, quantities of the toxic chemical that volitalize or leach into the ground as a result of the on-site temporary storage must be counted as released on the Form R. 531. A manufacturingyaci'/iYy that produces electricity by burning coal stores the coal in an on-site stockpile that is exposed to the outside atmosphere. The facility meets the threshold criteria (40 CFR Section 372.22) for filing a Form R for the toxic chemical benzene. Since the stockpiled coal contains benzene and is exposed to the outside atmosphere, would all the benzene in the coal need to be reported on the Form R as a release to land on-site? No. P± facility does not have to report toxic chemicals contained in an on-site stockpile of material that is intended for otherwise use on-site as a release to land on-site. However, any toxic chemical that escaped to air or remains in the soil from the stockpile material (e.g.. evaporative losses to air, material leached to the ground, etc.) must be reported as released to the environment 172 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Releases, Storage Tanks, Point Source Air Emissions, Fugitive Air Emissions Releases, Release Reporting, Transporta- tion Exemption, RQ, EPCRA Section 304 on-site. Once a covered facility meets the criteria for filing a Form R under EPCRA Section 313 for a toxic chemical (such as benzene), all releases of that chemical at the facility are to be reported. Because, in this instance, storage is associated with the otherwise use of the coal, releases from the stock pile will be eligible for the de minimis exemption. 532. Why are releases from storage tanks considered point source air emissions for Section 313 reporting while releases from similar operations (i.e., tank trucks and railcars) are considered fugitive emissions? Storage tanks and railcars or tank trucks are similar operations. However, it is the nature of releases rather than their source that is most important in their classification for reporting. Because emissions from railcars and tank trucks are most often small, scattered, and the result of manual transfer operations, they are considered fugitive. Emissions from storage tanks, meanwhile, are most often considered point source because they are usually from vents, ducts, or other confined air streams. If a covered facility has sufficient reason to believe that the nature of releases from rail cars and tank trucks are similar to those of storage tanks, they may report them as point source emissions, or vice versa. The facility must, however, document all assumptions and estimates made to support their reasoning. 533. A covered facility receives a shipment of gasoline from a tank truck. The loading dock is located within the facility boundaries. The tank truck delivers gasoline through a hose into the tank operated by the facility. While stationed at the dock, the valve of the tank truck ruptures and the gasoline leaks from the hose of the tank truck. This release occurs before the shipping papers are signed off by the facility operator. Gasoline contains listed Section 313 toxic chemicals such as benzene. If an activity threshold for benzene is met, would the facility be required to report this quantity of benzene released on the Form R? No. In the above case, the chemicals in the tank truck are considered under active shipping until the shipping papers are signed at the loading dock. Section 327 of EPCRA states that "(e)xcept as provided in Section 304, this title does not apply to the transportation, including the storage incident to such transportation, of any substance or toxic chemical subject to the requirements of this title, including the transportation and distribution of natural gas." In the above scenario, the material in the tank truck is considered to fall under the transportation exemption, and releases from this truck would be exempt from reporting under Section 313. This release., however, would be reportable under Section 304 of EPCRA, if the quantity of any extremely hazardous substance (EHS) or CERCLA hazardous substance released exceeds the reportable quantity (RQ) within a period of 24 hours. EPA would encourage the facility to include the amount in its Form R in 173 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Releases, Release Reporting, Vessels, Facility, Barge Terminal Releases, Release Reporting, Release to Land, Disposal, Storage Releases, Release Reporting, Underground Injection, Waste Disposal, Otherwise Use order to provide the public with the full picture of benzene releases that occurred at the facility for that reporting year. 534. A covered facility has a barge terminal where listed toxic chemicals may be loaded to a barge. If an activity threshold is met for one of these chemicals, are releases from the barge reportable? Releases from the covered facility (i.e.. barge terminal) must be reported. This would include releases from buildings, equipment, and storage at the terminal. The barge terminal ends where the equipment physically meets the barge. Releases from the barge itself (e.g.. air displacement of volatiles) are not reportable since barges are not covered under the definition of a facility (EPCRA Section 329(4)). 535. A. facility has an on-site concrete basin used as a collection pond for 80 percent of the facility's wastewater. No NPDES permit was assigned to this concrete basin. The wastewater is temporarily collected in the basin and sent to an off-site biological treatment plant. How would the facility report releases of listed toxic chemicals placed in the concrete basin on the Form R? The amount of listed toxic chemical collected in the basin would be considered on-site storage. However, any leaching into the ground or volatile air emissions would be reported as releases to land and air, respectively, in Part n, Sections, 5.5.4 (Other Disposal) and 5.1 (Fugitive or Non-Point Air Emissions) of the Form R. Also, if the toxic chemical is sent off-site to the treatment facility during the reporting year, it is reported as an off-site transfer in Section 6.2 of the Form R. 536. A covered toxic chemical manufacturer (SIC code 28) receives other facilities' wastes containing listed toxic chemicals and disposes of them in their deep well. Does the receivingyaci/iYy need to report these toxic chemicals'! Starting with reporting year (RY) 1998, this is a reportable activity and the quantity disposed of would be applied to the otherwise use threshold. However, prior to RY 1998 the receiving and disposing of toxic chemicals would not be factored into a threshold determination because it does not fit any definition of process or otherwise use. However, even prior to RY 1998, if the manufacturing^c/7/(y manufactures, processes, or otherwise uses the same listed toxic chemical above the threshold amount, the disposal of other facilities' wastes containing this listed toxic chemical would be reported as a release on the Form R even though the amount of the listed toxic chemical in these wastes was not included in the threshold determination. 174 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Releases, Ultimate Disposition, Air Emissions Releases, Ultimate Disposition, Asbestos, Double Counting, Release Reporting Releases, Particulates, Air Releases 537. A covered facility processes items containing toxic chemicals. During processing, dusts are released to air within the facility and some of this dust settles out within the facility (on rafters, equipment, floors and in adjacent rooms). If a processing threshold is met, how would the facility report the releases of the toxic chemicals present in the dust on the Form R in Section 5? The facility must account for the amount of the listed toxic chemical released to various environmental media. Reporting of releases is based on the entire reporting year. If during the year an amount in dusts that settle out are collected and disposed of, then this would be reported in an amount disposed of on-site or off-site in the appropriate Section of the Form R (e.g.. if the dusts are sent off-site for disposal they would be reported in Part II, Section 6.2). Any amount of toxic chemical in dusts that remain airborne would be reported as a fugitive release (Part II, Section 5.1 of the Form R). Amounts released that settle outside of a building on facility structures or equipment that are not collected and disposed of should be reported in Part II, Section 5.5.4 of the Form R as a release to land on-site. 538. A toxic chemical (e.g., friable asbestos) is emitted as an air particulate which deposits on the facility roof, such that it will be washed into a NPDES permitted pond or swept into a solid waste pit or landfill. Will the release be reported as a release to land or water, but not air? This would prevent a toxic chemical from being reported twice, once as an air emission, and once as a water/land emission. If the facility can develop a reasonable estimate of that part of a release to air that is deposited within the facility (and subsequently collected or deposited in an on-site landfill or surface impoundment), then these quantities can be separated from the air release figure(s) and reported as released to land on-site. The remaining air releases not deposited on the facility would be reported as releases to air. 539. A covered facility emits particulate containing a listed toxic chemical from a stack on-site. Some of the particulate lands on-site and some of the particulate lands on an off-site property. Should the covered facility report the emitted particulate in Sections 5.5.4 (Other Disposal) and 6.2 (Transfer Off-site for Disposal) or in Section 5.2 (Stack or Point Source Air Emissions)? If the facility has reasonable estimates about what percent of stack particulate emission lands on-site, this quantity of toxic chemical would be reported in Part II, Section 5.5.4 (Other Disposal) and the remaining amount of toxic chemical (including the amount deposited on an off-site property) would be reported in Part II, Section 5.2 (Stack or Point Source Air Emissions). 175 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Releases, Release to Land, Disposal, Remediation, Part II Section 8.8 Releases, Releases to Land, Disposal, Off-site Transfer, Release Reporting, Waste Pile 540. A covered facility that exceeds an activity threshold for lead brings in lead-contaminated soil from a CERCLA remedial action off-site, mixes it with on-site remediation waste (that also contains lead), and places the combined waste in an on-site landfill. How is this reported on the Form R? It is pretty clear that all of the lead will be reported in Part II, Section 5.5.1, and that the lead in the on-site remediation waste gets reported in Part II, Section 8.8. But would the lead in the remediation waste brought in from off-site also be reported in Part II, Section 8.8? Or 8.1? Or perhaps not at all? The amount of lead-contaminated soil brought on-site, from off-site, mixed with on-site remediation waste, and placed in an on-site landfill, would be reported in Part II, Section 5.5.1 and Section 8.1, but NOT Section 8.8. This is not remediation material, because it was not generated on-site, but merely brought on-site for treatment. The on-site remediation waste would be reported in Section 8.8. In addition, beginning with reporting year 1998, the covered facility would also consider this quantity towards its otherwise use threshold. 541. A covered facility continually places material containing a toxic chemical on the land in a pile during a reporting year for disposal. The facility is intending to have the pile hauled off-site during the next reporting year. Must the facility report the listed toxic chemical in the pile as released to land for the reporting year in which it places the material in the pile? Material that is added to a pile during a reporting year does not have to be reported, for that reporting year, as a reportable release to land on-site if the pile is used only for temporary storage. EPA will consider the pile used for temporary storage if the facility routinely made off-site transfers of material from the pile during that reporting year. The facility must transfer the toxic chemical off-site before that year's report is submitted or by July 1, whichever comes first. If a facility did not make such routine transfers during a reporting year in which material was added to the pile, EPA will consider the pile used for disposal and the quantity of listed toxic chemical placed on the pile during that reporting year and present at the end of that year must be reported, as a release to land, regardless of the facility's intention to transfer the material off-site in an ensuing year. If, in an ensuing year, such material is transferred off-site, the movement would be reported as a transfer off-site (assuming a threshold for the chemical transferred has been exceeded during that reporting year). 176 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Temporary Storage, Documenta- tion Waste Ash, Release to Land, Release Reporting 542. A metal mine stockpiles waste rock during the reporting year and has plans to leach this waste rock in the following year. What type of documentation (if any) would EPA accept from the mine to show that the waste rock will be processed, and therefore not have to be reported as a release to land during the reporting year? For example, the facility may have drawn plans for the leaching pad, have contracts with a supplier for materials used to construct the pad, or have a permit modification for the leach pad but the start date is in March of the following year. Waste rock containing toxic chemicals that is added to stockpiles during a reporting year does not have to be reported for that reporting year, as a reportable release to land on-site, if the stockpile was only used for temporary storage. EPA will consider the pile used for temporary storage if the facility routinely made off-site transfers or processed on-site waste rock from the stockpile during the reporting year, has good documentation of the transfers or amounts processed, or has contracts in place to transfer the materials prior to that year's reporting deadline, and removes or processes all of the listed toxic chemicals from the stockpile before that year's report is submitted or by July 1, whichever comes first. Listed toxic chemicals placed in piles during the previous year that remain after the July 1 reporting deadline must be considered toward the facility's release and other waste management calculations, provided that thresholds for those chemicals have been exceeded. 543. In January of a reporting year, a covered facility places ash containing 11,000 pounds of an EPCRA Section 313 listed toxic chemical into a landfill that already contains 3,000 pounds of a previously disposed toxic chemical for a total of 14,000 pounds in the landfill. In August of the same reporting year, the facility removes waste ash from the landfill which contains 5,000 pounds of the toxic chemical added in January and 3,000 pounds of the toxic chemical added during a previous reporting year. The removed waste ash (8,000 pounds of toxic chemical) is distributed in commerce for a beneficial reuse (e.g., they sell the waste ash, including the toxic chemical, for direct incorporation into concrete). How should the facility report releases of the toxic chemical for the reporting year? Provided that the facility exceeded a threshold for the toxic chemicals, the facility should report a release of 6,000 pounds of the toxic chemical as landfilled on-site in Part JJ, Section 5.5.IB (Disposal to Land On-site) and as release in Section 8.1 (Quantity Released). Eight thousand pounds of the toxic chemical (i.e.. 5,000 pounds deposited in January and the 3,000 pounds deposited in a prior reporting year) were processed and should be counted towards the processing threshold for the facility for the reporting year. EPA recognizes that by placing the toxic chemical into the landfill, the facility has 177 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Releases, Off-site Transfer, Direct Reuse Releases, Release Reporting, RCRA-empty, Off-site Transfer released the toxic chemical. Nevertheless, EPA will allow facilities to consider quantities that are temporarily stored in a landfill and removed during the same reporting year to not be reported as release in Part II, Sections 5 and 8. 544. An iron/steel mill has 5 to 8 percent of a listed toxic chemical in their waste slag. The slag is shipped off-site where it is directly reused as cement material. One common use is for roadbed material under railroad tracks. Is the reuse as cement material reportable on the Form R as an off-site transfer? The listed toxic chemical in the slag that is sent off-site for further use as cement material is not reported as an off-site transfer in Part n, Section 6.2 of the Form R. However, the facility must consider the quantities of toxic chemical repackaged and shipped off-site for reuse toward the facility's processing threshold. 545. A covered facility sends a 55-gallon drum containing less than one inch of a listed toxic chemical off site for disposal. For purposes of the RCRA hazardous waste regulations, the container is considered an empty container as defined in 40 CFR Section 261.7 (i.e., RCRA-empty). Must the facility report the listed toxic chemical contained in the RCRA- empty container as an off-site transfer for purposes of disposal on the Form R even though it is not considered to contain hazardous waste under RCRA? Yes. The definition of an empty container pursuant to 40 CFR Section 261.7 does not apply to EPCRA Section 313. Even though the residue remaining in a container rendered RCRA-empty is no longer considered a hazardous waste under federal RCRA regulations, it is still considered a toxic chemical under EPCRA Section 313. The status of a listed toxic chemical as a nonhazardous waste under RCRA has no impact on the applicability of EPCRA regulations on that chemical. Under EPCRA Section 329, the term release is defined as "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 toxic chemical'' In Part n, Section 8.1 of the Form R, EPA requires facilities to report all releases of listed toxic chemicals, except those quantities released to the environment as a result of remedial actions, catastrophic events, or one-time events not associated with production processes. Disposal of a RCRA-empty container which contains any amount of a listed toxic chemical is generally reportable in Section 8.1 when transferred from or disposed at an EPCRA Section 313 covered facility. If, however, the facility has total reportable amounts of the chemical not 178 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Releases, Otherwise Use, Release to Land, Land Treatment, Nitrate Compounds Releases, Off-site Transfer Releases, Point Source Air Emissions, De Minimis Exemption Releases, Article Exemption, Release Reporting exceeding 500 pounds, it may be eligible for the higher alternate reporting threshold in 40 CFR Section 327.27. 546. Are toxic chemicals, such as nitrate compounds from waste treatment systems, that are used for farming at a facility to be reported as a release to land and is this an otherwise use activity? The use of listed toxic chemicals such as nitrate compounds for farming is to be reported as a release to land under EPCRA Section 313. Listed toxic chemicals applied to land during use for farming constitute a release to an environmental medium (land) and are to be reported as such. This is consistent with the instructions for Section 5.5 of the Form R which state that land treatment/application farming is a disposal method that is considered a "release to land." Thus, whether or not this use is intended to be a disposal method, the total quantity released to land during use for farming should be reported as a release to land under Section 5.5.2 of the Form R. The amount of a listed toxic chemical used for farming at a covered facility must also to be applied towards the otherwise use reporting threshold. 547. A covered facility sends many solvent wastes off-site for recycling. However, the receiving/aci/iYy may incinerate some solvents instead. This depends on the disposer, and the generator is always notified. Is it acceptable to report this as a transfer to a waste broker (recycling) (M93)? When reporting off-site transfers of waste in Part n, Section 6.2 of the Form R, it is acceptable to enter M93 in Section 6.2.C only if you do not know the final disposition of the listed toxic chemical. A reporting facility must also identify whether the listed toxic chemical was sent off-site for treatment, energy recovery or recycling in Part II, Section 8 of the Form R. 548. If a covered facility processes steel and releases chromium up the stack, do they have to report? Yes, if the chromium content in the steel exceeds de minimis concentration levels and the reporting threshold is met, the facility is required to report under EPCRA Section 313 for chromium. 549. A covered facility builds and repairs ships. During its welding operations, the facility uses a filler material to bind steel plates. This welding operation releases minor quantities of a toxic chemical. How are estimates of toxic chemical releases to be made? If releases of the toxic chemical from the steel plate processing are recycled or reused or if the total amount released is 0.5 pound or less for the reporting year, then the releases are exempt from reporting under the article exemption. 179 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Releases, Point Source Air Emissions, Recycle, Phosphoric Acid Releases, Release Reporting, Underground Injection, Permits, UIC Releases, Release Reporting, Reuse Releases, Air Emissions, Storage, Mixture If the article exemption does not apply, the covered facility must include releases from the welding operation if thresholds are exceeded. EPA has developed tables to be used in estimating releases of metal in fumes for various types of welding and one for cutting mild steel. These tables can be found in Clarification and Guidance for the Metal Fabrication Industry (1998 version). 550. During the manufacture of phosphoric acid, traces of the listed toxic chemical are pumped along with solid material to gypsum stacks. The phosphoric acid percolates through the stack slowly and is recirculated back to the manufacturing process. Is the manufacturer required to report the presence of the chemical in the gypsum stacks as a release! EPA considers this to be a recirculation of the process water. The facility is not required to report the presence of the chemical in a process water recirculation system as a release. If process water containing the toxic chemical escapes the recirculation system and enters the environment, then it would be necessary to report such releases of the chemical. 551. Should only underground injections that are covered by Underground Injection Control Wells (UIC) permits be reported? Covered facilities must report all underground injection of toxic chemicals regardless of permit status. 552. A covered facility manufactures a listed toxic chemical in a reactor. Attached to the reactor is a water cooled condenser, the function of which is to condense escaping unreacted starting material and reaction solvent (e.g., toluene) and to return it directly to the reactor. The facility used a threshold amount of toluene during the calender year and must file a Form R for toluene. How would the facility report the above activity on the Form R? The amount of the toxic chemical manufactured would be considered toward the facility's chemical activity threshold. However, in this situation, the listed toxic chemical does not undergo any recovery steps, it merely changes physical state and is directly reused. Processes that directly reuse a listed toxic chemical on-site are not reported on the Form R as recycled in Part II, Section 8.6. 553. 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? 180 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Off-site Transfer, Waste Broker, Recycle Off-site Transfer Covered facilities should calculate emissions of the mixture then adjust for concentration. Convert chemical fractions from weight to mole, calculate the mixture'?, true vapor pressure, calculate the chemical's vapor mole fraction, calculate the average vapor molecular weight, and use storage tank equations to calculate mixture emissions. Then calculate the gaseous weight fraction and multiply by total mixture emissions to get each chemical's emissions. Facilities may choose to refer to EPA's technical guidance entitled Estimating Releases and Waste Treatment Efficiencies (1999 version) B. Transfers to Off-site Locations for Further Waste Management 554. How should a covered facility report a transfer in which it sends wastes containing a toxic chemical off-site to a waste broker who in turn sends the wastes to a Covered facilities are required to report information on off-site transfers for purposes of recycling in both Sections 6 and 8 of the Form R. In Section 6, the facility should report the final disposition of which it has knowledge of the toxic chemical in the waste. When & facility knows that a toxic chemical in wastes sent to a broker is ultimately being recycled, but does not know the location of the recycler, the waste broker is considered the final destination, and the transfer should be reported as M93 (transfer to waste broker- recycling) along with the location of the waste broker. If the location of the recycler to whom the broker sends wastes containing the toxic chemical is known, the recycler is considered the final destination, and the transfer should be reported as recycling with the appropriate code. The location of the recycler, not the waste broker, should be reported. The facility would also report the amount of the listed toxic chemical sent off-site for recycling in Section 8.5 (Quantity Recycled Off-Site). 555. The Form R instructions require the listing of different types of on- site waste treatment for a particular wastestream. Does this apply to sequential treatment of a toxic chemical sent off-site? Should the same estimate for amount sent off-site be entered for both waste treatment steps or just the final treatment step? The reportingfacility is not required to list sequential waste treatment steps for waste sent off-site. The facility should report in Part II, Section 6.2 the one code that best describes the primary type of waste management activity occurring within the sequence and report the total quantity of the listed toxic chemical sent to this off- site location. 181 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Fertilizer, Off-site Disposal, Land Treatment Off-site Transfer, Ultimate Disposition, Residue, Recycle Off-site Transfer, Residue Off-site Transfer, Recycle 556. If Facility A transfers a toxic chemical in waste off-site to another facility who applies the waste to land for treatment, must Facility A report the amount sent off-site on the Form R? Should Facility A also report volatilization of the toxic chemical, that occurs off-site during application to land, as a fugitive air release, in Part II, Section 5.1? Facility A must report the amount of toxic chemical in waste sent off-site for disposal as an off-site transfer for disposal. The facility should report this amount in Part II, Section 6.2, using disposal code M73, and in Section 8.1. The facility should not report the amount released to air during off-site application to land, since this activity did not occur on-site. In Part n, Section 5.1, facilities should only report amounts of toxic chemicals that are released on-site. 557. A residue of a listed toxic chemical is present in empty drums that are sent to an off-site/aci'/iYy where the drums are recycled, but the listed toxic chemical is not recycled. The facility has no information as to how the listed toxic chemical in the drum is managed. How should the facility report this activity? Though the drums are recycled, the final disposition of the toxic chemicalis unknown. Because this facility does not know how the toxic chemical is managed, the toxic chemical should be reported as an unknown disposal, code M99 (Unknown Disposal) in Part II, Section 6.2.C and quantity released in Section 8.1. 558. A covered facility receives listed toxic chemicals in a tank car. Once emptied, the car remains at the facility for a period of time before being returned to the supplier. Does the residue in the tank car that leaves the facility have to be counted as an off-site transfer for Section 313? If the facility knows the car will be refilled, the residue is not counted as an off-site transfer. If the facility knows it will be cleaned out and the quantity disposed or otherwise managed as waste, it must be counted as an off-site transfer for disposal. 559. If a waste is sent to an off-site facility to be recycled or reclaimed, does the material meet the requirements for being recycled or reclaimed for the purposes of Section 313 regardless of what the off-site recycling facility actually does with the waste? In order to report the listed toxic chemical as recycled off-site, the reporting facility must have positive knowledge that the listed toxic chemical being reported is actually being recycled by the off-site facility. 182 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Fertilizer, Product, Direct Reuse Off-site Transfer, POTW, Release to Water Off-site Transfer, Threshold Determina- tion, Recycle 560. Facility A produces a byproduct containing a toxic chemical. The facility gives some of the byproduct away, and sells some of the byproduct. In both cases, the off-site facility uses the byproduct as fertilizer for farming. Should Facility A report the amount of toxic chemical in the byproduct given away or sold, on the Form R? If the toxic chemical in the byproduct is sent off-site to be directly reused as a fertilizer, then the transfer would not be considered a transfer off-site for waste management purposes, and Facility A would not report, as a transfer off-site for waste management, the amount sold/given away. However, because the facility distributed the toxic chemical into commerce, the facility must consider the quantity of toxic chemical shipped off-site for direct reuse (i.e.. both the amounts given away and sold) as fertilizer as processed for threshold determinations. 561. A covered facility treated its wastewater on-site and discharged it to a pipe which runs through a POTW and then on to a stream. The POTW does not treat the waste but it monitors the wastewater and allows it to pass into the stream if it meets treatment standards. If it does not meet standards, the POTW shuts a valve in the pipe and the wastewater is released to a water body under the POTW's NPDES permit. How should the wastewater be listed on the Form R? The facility should consider the wastewater as a transfer off-site to the POTW since the POTW is ultimately responsible for the release. The POTW has the authority to allow or prevent that release and it enters the stream under their NPDES permit. Because the covered facility knows that the POTW does not treat (destroy) the listed toxic chemical but allows it to pass through into the stream, the facility should also report the quantity sent off-site in Part II, Section 8.1 (Quantity Released). 562. How should a covered facility treat a toxic chemical in a solvent sent off-site for distillation and returned to the facility for reuse? The amount of a toxic chemical in the solvent sent to another facility for distillation is reported as a transfer of the toxic chemical to an off-site location for recycling (i.e.. it should be reported in Part n, Sections 6.2 and 8.5 of the Form R). The quantity of the solvent returned to you must be treated as if it were a quantity of the toxic chemical purchased from any other supplier and must be used for threshold determination. 183 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Activity Threshold, Off-site Transfer, Energy Recovery Off-site Transfer Off-site Transfer, Part II Section 6.2, Waste Broker, RCRAID Number 563. A TSD facility receives waste from off site containing a listed toxic chemical, blends the waste with a fuel to increase its heat value, repackages the blended fuel in different container(s), and then transfers the waste off site to a cement kiln that burns the waste. Is this facility manufacturing, processing, or otherwise using the toxic chemical contained in this waste received from off site for the purposes of further waste management! No. The repackaging and subsequent transfer off-site of EPCRA Section 313 toxic chemicals in waste fuel for burning for energy recovery is not, in itself, a covered manufacturing, processing, or otherwise use threshold activity as those terms are defined in the EPCRA Section 313 regulations (40 CFR Part 372). Therefore, covered facilities are not required to consider the repackaging and subsequent transfer off-site of toxic chemicals for energy recovery to any type of boiler or industrial furnace (as defined in 40 CFR Section 372.3) toward threshold calculations. Similarly, toxic chemicals in waste that are repackaged and sent off-site for disposal or for treatment for destruction would likewise not be considered toward & facility's manufacturing, processing, or otherwise use threshold determination. Covered facilities should keep in mind, however, that if they exceed an activity threshold elsewhere at the facility for the listed chemical contained in the waste fuel, the facility should report the quantity of the toxic chemical in the waste fuel sent off-site for energy recovery in Part II, Section 6.2 and Section 8 of the Form R. 564. A covered printer uses solvent to clean presses and sends soiled rags to a launderer. Is the listed toxic chemical in the material sent to the launderer considered waste transferred to an off-site location? Which disposal code should be used? The material sent to the launderer is considered an off-site transfer. The facility could use code M90 (Other Off-site Management) or M99 (Unknown Disposal) in Part II, Section 6.2.C of the Form R if it does not know the final disposition of the toxic chemical in the rags. 565. A covered facility sends waste off-site to another facility. During the reporting year, the off-site transfer facility is bought by another company. The off-site transfer facility name changes but the RCRA identification number and facility address remains the same. What name should be reported as the off-site transfer facility'! The facility should give the name of the off-site transfer facility as it was known on December 31 of the reporting year; that information being the most accurate and up-to-date information known. 184 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Off-site Transfer, RCRAID Number, Landfill Off-site Transfer, Release Reporting, Part II Section 6.2 Off-site Transfer, Fuel Blending, Heat Value, Energy Recovery, Metals, Ultimate Disposition 566. What RCRA identification number does a facility list if it sends a non-hazardous waste containing a Section 313 toxic chemical to a solid waste landfill? If an off-site location such as a solid waste landfill does not have a RCRA identification number, the facility would enter "NA" in the space provided. If the facility does have such a RCRA identification number, it must list the number, if known, even though the waste being transferred may not be a regulated RCRA hazardous waste. 567. A covered facility produces 200,000 pounds of a listed toxic chemical in waste annually. Of that amount, the facility treats 100,000 pounds on- site and sends 100,000 pounds to an off-site treatment plant that has a 99.9 percent efficiency. Can the facility factor in the efficiency when it reports the off-site transfer amount in Part II, Section 6.2 of the Form R? Section 6.2 of the Form R requires you to report the actual amount of listed toxic chemical you send off-site. The efficiency would be taken into account by the off-shefacility if they are reporting under Section 313. The 100,000 pounds of the toxic chemical that are treated on-site should be reported in Part II, Section 7A and in Section 8. 568. A covered facility sends a toxic chemical in a paint thinner waste to a firm for fuel blending purposes. Should the amount of toluene and xylene in the waste be reported on the Form R, Part II, Section 6 as a transfer off-site? A toxic chemical in a wastestream sent off-site for waste fuel blending is considered combusted for energy recovery if the listed toxic chemical has a significant heat value and is combusted in an energy recovery device. EPA believes that waste blended into fuel will be combusted in an integrated energy recovery device. Where both elements are met, the quantity of the toxic chemical must be reported as an off-site transfer for purposes of energy recovery on the Form R. However, other reportable toxic chemicals in the waste (e.g.. metal pigments) that are incombustible or that do not add significant heat value to energy recovery upon combustion must be reported as off-site transfers for purposes of waste treatment or disposal, as appropriate. Please note that metals cannot be treated or combusted for energy recovery purposes and, therefore, should be reported as disposed in Section 8 of the Form R, unless the facility has knowledge the metals are being recycled. 185 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Energy Recovery, Electricity Generating Facility, Coal Tar Off-site Transfer, Facility 569. Do EGFs that burn coal tar with their coal/oil report this amount in Part II, Section 8 of the Form R as energy recovery? No. While coal tar is a by-product of destructive distillation in the production of coke, it is not a waste. Therefore, EPA would not interpret its combustion to be a waste management activity and it would not be reportable in Section 8 of the Form R 570. A petrochemical company generates a wastestream which contains a toxic chemical. The wastestream is treated at a treatment plant that is located within the boundaries of the petrochemical facility. The treatment plant is neither owned nor operated by the petrochemical company. An agreement has been made between the petrochemical company and the treatment plant that the petrochemical company is responsible for disposal of the sludge generated by the treatment plant (e.g., by transferring the sludge to a landfill). The treatment plant has a NPDES permit and the remaining waste is discharged to a receiving stream. (In other words, some of the listed toxic chemical sent to the treatment plant returns to the petrochemical plant in sludge and is subsequently sent to an off-site landfill. The remainder of the listed toxic chemical, which does not return to the petrochemical plant in sludge, is sent directly to a receiving stream). How should the petrochemical plant report these off-site transfers of toxic chemicals in wastes? Should the petrochemical plant report the treatment occurring at the treatment plant in Part II, Section 7A (Waste Treatment Methods and Efficiencies) of the Form R? Even though the treatment plant is located within the boundaries of the petrochemical plant, it is neither owned nor operated by the same person as the petrochemical plant. Therefore, the treatment plant and the petrochemical plant are separate facilities. Since the petrochemical plant does not directly treat the waste, it is not responsible for filling out Part n, Section 7A (Waste Treatment Methods and Efficiencies), on its Form R for the toxic chemical. The petrochemical plant reports only two off-site transfers: (1) the total amount of toxic chemical that is sent to the treatment plant (along with the name and address of the treatment plant); and (2) the amount of listed toxic chemical that is sent to a landfill in sludge (along with the name and address of the landfill). This can be interpreted as reporting a portion of the toxic chemical twice, but since the treatment plant is a separate facility., the total amount sent to the treatment plant has to be reported as an off-site transfer. The petrochemical plant does not need to report the receiving stream since the waste is not discharged directly from the petrochemical plant to the receiving stream. 186 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Reporting Criteria, Threshold Determination pH, Off-site Transfer, Neutraliza- tion, Off-site Landfill, Acids Waste Treatment, Part II Section 7A 571. Who is responsible for EPCRA Section 313 reporting if a covered solvent recovery service arrives at a covered facility and either recycles ethylene glycol antifreeze on-site with a mobile recovery unit or removes the ethylene glycol antifreeze for off-site recycling? All covered facilities are responsible for EPCRA Section 313 reporting obligations of the toxic chemical while the toxic chemical is at a facility, including while the chemical is in an on-site mobile recovery unit. Although this facility may not directly operate the mobile solvent recovery unit, the facility controls the unit's operations while on-site because it has contracted or paid a fee for the unit's services. Therefore, if the mobile unit recovers toxic chemicals from the solvents on-site the facility would include those toxic chemicals in its facility- wide release and other waste management calculations. If the mobile solvent recovery unit removes toxic chemicals from the facility for off-site recycling, the facility would report the amount of the chemicals sent off-site as an off-site transfer for recycling. However, the facility must account for any releases of the toxic chemical from the unit while it remains on site. Finally, those toxic chemicals that are transferred off-site are considered processed and therefore, must be applied toward the facility's processing threshold. 572. A covered facility generates a wastestream in the form of a filter press cake that contains nitric acid, a toxic chemical. Before the filter cake is sent to an off-site landfill for disposal, the nitric acid in the filter cake is neutralized to pH 7. How should the facility report the disposal of this nitric acid on its Form R? Because the nitric acid is neutralized to a pH 6 or above during on-site treatment, no nitric acid is present in the filter cake sent off-site for disposal. Therefore, the off-site transfer would not be reported in the Form R for nitric acid. The on-site waste treatment of the nitric acid must be reported in Part n, Section 7A (On-Site Waste Treatment Methods and Efficiency) and in Section 8.6 (Quantity Treated On-Site). In addition, the facility must determine if the neutralization of the nitric acid in the filter cake results in the manufacture of a water dissociable nitrate compound category in an aqueous solution, which is a listed category under EPCRA Section 313. C. Waste Treatment Methods and Efficiency 573. Does Section 7A (On-Site Waste Treatment Methods and Efficiency), of the Form R apply only to the facility completing the report? 187 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Waste Treatment, Part II Section 7A Waste Treatment, Sequential Process, Influent Concentra- tion, Part II Section 7A Waste Treatment, Sequential Process, Part II Section 7A Waste Treatment, Acids, pH, Complete Neutralization Yes, this Section of the Form R applies only to the treatment of wastestreams containing toxic chemicals that occur on-site at the reporting^c/7/'(y. 574. Where multiple sources are combined for waste treatment, should each source be listed in the Part II, Section 7 of the Form R with a common efficiency, or should only the combined wastestream be shown? Report only the combined (or aggregate) wastestream and report the treatment and its efficiency. However, a wastestream that is treated before combination with other wastes, which are then subsequently treated, should be reported on a separate line. 575. A covered facility has a sequential waste treatment process in which the influent concentration and treatment efficiency for each step is known. How should they report in Section 7A of the Form R? The facility should report influent concentration for the first step and report overall treatment efficiency for the entire process as per the Form R instructions. 576. If a wastewater treatment system contains an oil skimmer or other phase separation treatment, is this reported as a sequential waste treatment step for each of the separated phases, or just for one phase? The separation step is a sequential waste treatment step for one liquid phase (the one with the larger volume, typically the water phase). The other phase must be considered a new wastestream and must be listed separately on the form if treated subsequent to its separation. 577. We send our sludge to a biological treatment device on-site. The microbes in the system exist in buffered solution. As a result, the toxic chemical (a mineral acid) in the sludge is neutralized (pH 7.3). How do I account for biological and neutralization treatment in one process in Part II, Section 7A of the Form R? After that, the waste goes to settling ponds where solids settle out. Is this also a sequential treatment step? First, list the biological treatment, even though it does nothing to the toxic chemical, and then enter the neutralization treatment, which has a 100 percent efficiency since pH 7.3 is considered complete neutralization for an acid. As for the settling ponds, the toxic chemical ceased to exist upon complete neutralization, so this step does not need to be included in Part II, Section 7A of the Form R for the mineral acid. However, any coincidental manufacture of toxic chemicals during this process should be considered towards the manufacturing threshold determination. 188 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Waste Treatment, Treatment for Destruction, Incineration, Treatment Efficiency Waste Treatment, Treatment for Destruction, Facility Maintenance Exemption, Composting, Landfill Cover Nitrate Compounds, Release to Land, Waste Treatment, Recycle, Chemical Conversion 578. A covered facility has a liquid wastestream containing a toxic chemical which is incinerated. The incineration destroys 99.9 percent of the chemical. However, 0.1 percent is released to air. Does the facility need to report this wastestream in the waste treatment Section of the Form R? If the threshold is met, the facility must report this liquid wastestream as treated for destruction in Part II, Section 7 of the Form R. The listed toxic chemical remaining after incineration in the gaseous wastestream must be reported as stack or point source air emissions in Part n, Section 5.2 of the Form R. The amount of the listed toxic chemical destroyed is also reported in Part II, Section 8.6 of the Form R, and the stack or point source air emissions are also reported in Part n, Section 8.1 of the Form R. 579. On-site wastewater treatment plant sludges which may contain trace amounts of Section 313 toxic chemicals are composted on-site on concrete pads. The finished compost is then used as daily cover for the on-site sanitary landfill and for landscaping around the site. Is this considered land treatment, land impoundment, or not a release! Some listed toxic chemicals in the composted material may degrade such that the chemical is treated for destruction in the compost. In those cases, the listed toxic chemical should be reported as treated on-site (in Part n, Sections 7A (On-site Waste Treatment and Efficiencies) and 8.6 (Quantity Treated On-site)). If the listed toxic chemical is not destroyed, the amounts applied to the on-site sanitary landfill as cover should be reported in Part II, Section 5.5. IB (Other Landfills) and in Section 8.1 (Quantity Released) on the Form R. Although any quantities used as landfill cover would not be exempt from reporting, the amount used for landscaping on-site is exempt under the facility grounds maintenance exemption (40 CFR Section 372.38(c)(2)). 580. Are toxic chemicals, such as nitrate compounds, that are used as fertilizer for growing crops considered to be recycled or treated since they are taken up by the crops and recirculated back into the environment! Can a covered facility reduce the amount of toxic chemicals reported as released to land by the amount the crops take up? Although during such use nitrate compounds or other toxic chemicals may be taken up by plants and cycled back into the ecosystem, such use is not considered treatment or recycling under EPCRA Section 313. The toxic chemicals are reported as released to land on the Form R. EPA does not allow facilities to reduce the quantity reported as released to the environment based on conversions of a chemical in the environment after the chemical has been released by the facility. 189 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Waste Treatment, Acids, Neutralization Waste Treatment, Acids, Neutralization Waste Treatment, Release Reporting, Auxiliary Scrubber Waste Treatment, Release Reporting, Metal Compounds, Influent Concentra- tion, Metals 581. We have two wastestreams, one containing "an unlisted caustic material" and the other phosphoric acid, that are combined for neutralization. The combined wastestream then stays in the settling pond until the solid settles out. The water is sent to a POTW, the solid to a landfill. How should we report on these toxic chemicals'! When does a toxic chemical cease to exist by neutralization? Neutralization is the treatment method for phosphoric acid. If the pH is 6 or above then the efficiency is 100 percent (i.e.. no phosphoric acid is released) and no off-site transfer should be reported. If the waste is acidic, (i.e.. pH below 6) report the transfer of phosphoric acid sent off-site and calculate efficiency from the input and the remaining acid. 582. If a covered acid, such as phosphoric acid, is spilled onto a concrete pad and immediately neutralized with a base. How is this reported on the Form R? How would the spill be reported if it were spilled directly on the land and neutralized? If the acid spilled on the concrete pad is 100 percent neutralized, the facility would only report any non-neutralized air releases of the toxic chemical in Part II, Sections 5 and 8 on the Form R. If the spill were released directly to land before being neutralized, only the amount of the chemical that seeped into the land (i.e.. not neutralized) and any air releases occurring as a result of the spill would be reported in Part n, Sections 5 and 8 on the form. Note that if the spill is considered a one time, non-routine event, the entire amount spilled (that is not neutralized) should be reported in Part II, Section 8.8 of the Form R. 583. How is an auxiliary scrubber that is designed and used only to mitigate emergency releases reported? The influent concentration and treatment efficiency of the scrubber as it operates during an emergency event should be reported. The emergency scrubber is not considered to be sequential treatment with a scrubber which treats routine emissions from the same process, unless the two units function in series on a single waste system. 584. In Part II, Section 7A of the Form R, should covered facilities report the influent concentration to a treatment system for metal compounds in a wastestream for the parent metal only? How do I consider treatment efficiencies for metal compounds? 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 to another. The 190 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Waste Treatment, Part II Section 7A, Treatment Efficiency, Best Available Information Waste Treatment, Storage Tanks, Air Emissions, Part II Section 7A Activity Threshold, Waste Management Activities waste treatment efficiency reported must represent only the physical removal from the wastestream (except for incineration) not the percent conversion from one form to another. If a listed waste treatment method converts but does not remove a metal (e.g.. chrome reduction), the method must be reported with a waste treatment efficiency of zero. 585. A wastestream containing glycol ethers is sent through several treatment steps, none of which are specifically intended to remove the glycol ethers. During the settling process, some of the glycol ethers present in the wastestream unintentionally evaporate into the ambient air. Should the facility owner or operator report the glycol ether as being treated and, if so, what waste treatment efficiency estimate is reported? Any releases of a toxic chemical, even during treatment, must be estimated and reported in Part n, Section 5 of the Form R. Part n, Section 7 of the Form R must be completed if a wastestream containing the glycol ethers is treated, regardless of whether the treatment methods actually remove the glycol ethers. If, for whatever reason, glycol ethers are removed during the treatment of a wastestream, the owner or operator should use the best readily available information to determine how much of the glycol ethers are removed during the treatment process and use this information to estimate a "treatment efficiency" for the toxic chemical. 586. A covered facility owner or operator has a conservation vent on a bulk storage tank. The conservation vent prevents emissions from the tank during material loading, unloading, and storage. Should this conservation vent be listed in Part II, Section 7A of the Form R as a waste treatment method since it is reducing the toxic chemical emissions from the tank? No. Part II, Section 7 of the Form R is only for the description of waste treatments that occur on-site. In the above scenario, the conservation vent functions as a preventive device. The conservation vent does not function as a waste treatment step. (Another example of a preventative device is a floating roof storage tank, the function of which would not be considered waste treatment). D. Waste Management 587. If a covered facility counts the amount of a listed toxic chemical towards an activity threshold, is it automatically exempted from reporting this amount as undergoing a waste management activity on the Form R? No. If, for example, & facility combusts a toxic chemical in a waste for energy recovery, the owner or operator would consider the amount combusted for energy recovery towards the otherwise use threshold. If the facility exceeds a 191 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Waste Management Activities, Recycle, Reuse, Metals PACs, Energy Recovery Waste Management Activities, Release Reporting, Waste Treatment, POTW, Metals, Part II Section 8 threshold for this chemical, the owner or operator would also report the method and amount of energy recovery in Part n, Sections 7 and 8 on the Form R 588. If a covered facility sends metal scraps containing chromium off-site to be remelted and subsequently reused, does it report the amount of toxic chemical in the metal as recycled off-site? Assuming no contaminants are removed during the melting process, the chromium in the metal scraps is not actually being recovered but merely melted and reused. Therefore, the amount of the toxic chemical in the metal scraps would not be reportable in Part n, Sections 6.2 or 8 of the Form R. However, because the facility is repackaging and distributing the toxic chemicals in commerce, it should consider these amounts of the toxic chemical towards the facility's processing threshold. If the covered facility exceeds a chemical activity threshold, it is required to file a TRI Report for that chemical. 589. EPCRA Section 313 listed polyaromatic compounds (PACs) are used as binders for coke in carbon anodes. The anodes are baked in a ring furnace and the PACs are combusted. The heating value of the PACs allow for a reduction in the use of natural gas. Should the amount of PACs combusted be reported as burned for energy recovery on the Form R? In this scenario, EPCRA Section 313 chemicals are being burned in the process, not in a waste management activity. Toxic chemicals reported as released or otherwise managed as waste on the Form R, including quantities reported for energy recovery, should not include chemicals consumed during processing activities. Therefore, the PACs combusted as part of the process in a ring furnace, should not be included as combusted for energy recovery under EPCRA Section 313. These quantities should, however, be considered when making the facility's otherwise use threshold. 590. If I send ten pounds of chromium (or any metal) to a POTW or other wastewater treatment/act/iYy where should I report the ten pounds in Section 8 of the Form R? Because metals cannot be destroyed, they should not be reported as treated in Part n, Section 8.6 or 8.7 of the Form R. If you do not know what the POTW does with the metal constituents they receive, you should assume they are released and report the ten pounds sent to a POTW in Part n, Section 8.1 on the Form R. 192 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Waste Management Activities, Waste Treatment, Source Reduction, Part II Section 8.10 Waste Management Activities, Release Reporting, Remediation, Part II Section 8.8 Waste Management Activities, Production Ratio, Activity Index, Batch Processor, Part II Section 8.9 591. Would RCRA permitted incineration of a listed toxic chemical count as a source reduction activity under Part II, Section 8.10 of the Form R? Section 8.10 of the Form R is for reporting actions or techniques that prevent a toxic chemical from becoming a waste to be disposed, treated, combusted for energy recovery, or recycled. Incineration is considered waste treatment (assuming there is no energy recovery) and is reportable under Part II, Sections 6.2.C or 7 A, as well as Section 8.6 or 8.7, depending on whether it is performed on- or off-site. It should not, however, be reported as a source reduction activity in Part II, Section 8.10. 592. Is dredging a lagoon (or surface impoundment) containing a toxic chemical once every five years (routine procedure) considered a remedial action under the Pollution Prevention Act? If so, how should releases from the dredging be reported in Section 8.8 of the Form R? Because the dredging of the lagoon (or surface impoundment) occurs routinely every five years, it is not considered a remedial action under the Pollution Prevention Act, and accordingly, releases from the dredging should not be reported as releases from remedial actions. Instead, releases and other waste management quantities of the toxic chemical resulting from dredging would be reported in Sections 5 or 6 and in Section 8 of the Form R, depending on the ultimate disposition of the chemical. 593. For the purposes of reporting in Part II, Section 8.9 of the Form R, a facility must provide a ratio of the 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 toxic chemical recycled, combusted for energy recovery, treated, or released (including disposed). How should one-time or batch processors determine an activity index or production ratio for reporting in Section 8.9 of the Form R? A one-time processor in its first year of using a listed toxic chemical should report "NA" in Section 8.9 of the Form R. If a one-time processor uses a toxic chemical on a yearly basis but in different products, applications, and quantities, then a production ratio based on production or application involving the toxic chemical should be calculated as follows: production involving the toxic chemical in the current year divided by production involving the toxic chemical in the prior year. Batch processors should calculate a ratio based on campaigns involving the toxic chemical from year to year as follows: campaign production in the current year divided by the campaign production in the prior year. 193 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers Production Ratio, Activity Index, Part II Section 8.9 NA, Part II Section 8A Waste Management Activities, Source Reduction, Economic Reasons Waste Management Activities, NA vs. 0, Part II Section 8.8, Catastrophic One-Time Event 594. Can a covered facility within the seven newly added industry sectors report "NA" in Part II, Section 8.9 (Production Ratio or Activity Index) of the Form R, for reporting year 1998? For reporting year 1998 only, facilities in the seven newly added industries may use "NA" in Part II, Section 8.9 (Production Ratio or Activity Index) of the Form R. In future years, these newly addedfacilities may only use "NA" in this section if the reported toxic chemical was not manufactured, processed or otherwise used in the year prior to the reporting year. All other facilities covered by EPCRA Section 313 may only use "NA" for the 1998 reporting year, and all future years, if the reported toxic chemical was not manufactured, processed or otherwise used in the year prior to the reporting year. 595. Are covered facilities in one of the seven newly added industry sectors required to provide an estimate in column A, Section 8 (Prior Year Estimate) of the Form R in reporting year 1998? No. For reporting year 1998 only, covered facilities in one of the seven newly added industry sectors are not required to provide an estimate for the prior year in column A, Section 8 of the Form R. However, if the facility has information to develop an estimate, then reporting the estimate may provide valuable information that may clarify the facility's yearly estimates. 596. If a covered facility modifies a process for economic reasons resulting in a waste reduction, should this be reported as source reduction? Yes. Any changes that result in less of the listed toxic chemical being generated in waste may be included. Codes are provided to identify changes such as equipment and technology modifications, as well as process changes, procedure modifications, and improved housekeeping. 597. On the Form R, a covered facility owner/operator must provide information about routine and non-routine releases for each reported toxic chemical. Specifically, in Part II, Section 8.8, an owner/operator must report the quantity of any release of a toxic chemical into the environment or transferred off-site as a result of a remedial action, catastrophic event, or one-time event not associated with production processes. If the facility did not experience any such release or transfer, must the owner/operator report zero, or may the owner/operator report NA" in Section 8.8? While either notation, NA or zero, may be entered in Part n, Section 8.8 of the Form R, they are not synonymous. If a remedial action, catastrophic event, or one-time event not associated with production processes results in a 194 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 4 Release Reporting, Catastrophic One-Time Event, Part II Section 8.8 release into the environment or an off-site transfer of the listed toxic chemical and the annual aggregate release was less than 0.5 pound, then a facility owner/operator should enter zero in Section 8.8. An owner/operator should only report NA for Section 8.8 on the Form R if no release or transfer occurred as a result of these activities. 598. Are releases due to a pipe rupture that was caused by premature failure of the pipe (no direct cause known) considered a catastrophic release and reportable in Part II, Section 8.8? Releases reported in Part n, Section 8.8 of the Form R should be the result of a remedial action, a catastrophic event or a one time release not associated with normal or routine production processes. In general, pipes have an expected lifespan. If a pipe ruptures during its expected lifespan for no known reason, the release should be considered a one-time release not associated with normal or routine production processes and should be reported in Section 8.8. However, if the pipe bursts because it was in use after its expected lifespan, it should not be considered a one-time release because it should have been replaced. 195 ------- SECTION 4 1998 EPCRA Section 313 Questions and Answers This page intentionally left blank. 196 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 5 Form A Criteria Form A Section 5. FORM A AND FORM R SUBMISSIONS A. Form A (Alternate Threshold Reporting) 599. EPA published a final rule in the Federal Register on November 30, 1994 (59 FR 61488), which created an alternate threshold of one million pounds for certain facilities. How can a facility that exceeds one of the original thresholds qualify for the alternate threshold? Facilities which have a total annual reportable amount of no greater than 500 pounds for a listed toxic chemical may qualify for the 1 million pound alternate threshold for that chemical, beginning with the 1995 reporting year. For purposes of the alternate threshold, the total annual reportable amount includes toxic chemicals listed at 40 CFR Section 372.65 which are released (including disposed), treated, recycled, and burned for energy recovery at the facility and amounts transferred from the facility to off-site locations for the purposes of recycling, energy recovery, treatment, and/or disposal. These amounts correspond to column B, Sections 8.1 through 8.7 of the reporting Form R. If a facility's combined total annual reportable amount does not exceed 500 pounds for a specific toxic chemical, the facility can qualify for reduced reporting requirements unless the amount of that toxic chemical manufactured, processed, or otherwise used within the reporting year exceeds one million pounds. Covered facilities that qualify for the alternate threshold are not exempt from reporting, but must fulfill certain requirements. In lieu of submitting a Form R, the owner/operator of & facility must submit an annual certification statement (Form A) indicating that the facility met the requirements for use of the alternate threshold for a specific chemical. The facility must also maintain, and make available upon request, records substantiating the claim. The Form A includes basic information regarding the facility's identification, the chemical in question, and a statement of accuracy to be signed by a senior management official of the facility. 600. What is the Form A and who may submit this form? The Form A provides certain covered facilities the option of submitting a substantially shorter form with a reduced reporting burden. Facilities which meet the SIC code, employee, and chemical activity thresholds but who do not exceed one million pounds manufactured, processed, or otherwise used and the facility's total annual reportable amount does not exceed 500 pounds for the toxic chemical, may submit an annual certification statement (Form A) instead of a Form R for the toxic chemical. 197 ------- SECTION 5 1998 EPCRA Section 313 Questions and Answers Form A, Release Reporting, RQ Form A, Documentation Form A, Effective Date Form A Criteria 601. What is the total annual reportable amount and is it the same as an RQ (Reportable Quantity)? No, they are not the same. The total annual reportable amount applies to EPCRA Section 313 listed toxic chemicals and is facility specific. A facility'?, total annual reportable amount is equal to the combined total quantities released at the facility (including disposed), treated for destruction at the facility (as represented by amounts destroyed or converted by treatment processes), recovered at the facility as a result of recycle operations, combusted for the purpose of energy recovery at the facility, and amounts transferred from the facility to off-site locations for the purpose of recycle, energy recovery, treatment, and/or release (including disposal). The total annual reportable amount is not the same as a reportable quantity (RQ). An RQ is chemical specific and applies to Extremely Hazardous Substances (EHS) or CERCLA Hazardous Substances. In the case of an accidental release, & facility owner/operator would refer to a chemical's RQ to determine if the facility has released enough such that reporting to a Local Emergency Planning Committee, SERC, and the National Reporting Center is required under EPCRA Section 304 and CERCLA Section 103. 602. If I qualify and file a Form A, must I submit any other documentation to EPA and the state or tribal authority? No. If a covered facility meets the criteria and files the Form A, the owner/operator need not submit any other documentation to EPA and the state or tribal authority. However, the facility must maintain all documentation supporting their Form A submission. 603. If my facility meets the Form A criteria on reporting years prior to 1995, may I withdraw my Form Rs and submit Form As instead? No. Facilities may use the Form A beginning with the 1995 reporting year. Facilities may not use this form for prior years. 604. If I meet the criteria for filing a Form A for one toxic chemical, may I use it for all of the toxic chemicals covered at my facility! No. Like the Form R, the Form A is toxic chemical specific. A facility must not manufacture, process, or otherwise use more than one million pounds of the specific toxic chemical and the total annual reportable amount for the toxic chemical must be less than 500 pounds. In some instances, & facility may submit the Form A for some chemicals and the Form R for other chemicals. 198 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 5 Form R, Deadline Extension Form R, Electronic FormR Form R, Reporting Deadline, Weekends Form R, Signature, Certification B. Form R Submissions 605. Are there any extensions that a facility can get for filing the Form R? EPCRA Section 313 (a) mandates that covered facilities report to EPA by July 1 of each year. On occasion, however, EPA has extended the date for submitting the Form R. If EPA chooses to extend the deadline, facilities should verify with their state representative that the state will also extend their reporting deadline. No extensions are ever made on an individual facility basis. If EPA extends the deadline a notice of this is published in the Federal Register. 606. Can commercially developed electronic versions of the Forms be submitted for compliance with Section 313? The Agency encourages submission of Forms using the EPA software provided with the Form R package. The Agency has also approved the facsimile outputs of certain privately developed software packages. A list of the providers of software packages is made available by EPA. Contact the EPCRA Information Hotline for more information ((800) 424-9346 or (703)412-9810). 607. Form R is to be submitted on or before July 1 of the year following the reporting year. When is the official due date if July 1 falls on a Saturday or a Sunday? If the reporting deadline falls on a Saturday or Sunday, the EPA will accept the forms which are postmarked on the following Monday (i.e.. the next business day). 608. The instructions state that photocopied versions of Part I may be submitted. Does this mean that a senior official at a facility, certifying the validity of the forms, only has to sign one submission? Are facilities required to include an original signature on forms going to the state or Indian Country as well as to EPA? No. The final rule (February 16, 1988; 53 FR 4500) states that each unique toxic chemical submission must contain an original signature. The purpose of the requirement is to ensure that the certifying official has reviewed each toxic chemical submission. A photocopied signature or no signature does not fulfill this purpose. An original signature on the certification statement is not required for the copy that is sent to the state. However, if the state requires an original signature under their state Right-To-Know laws, then the facility must comply. 199 ------- SECTION 5 1998 EPCRA Section 313 Questions and Answers Form R, Certification Statement, Senior Management Official Form R, Certification, Signature Form R, Senior Management Official, Certification Form R, Mailing Address, Parti Section 4.1 609. May a representative from a consulting firm that prepares a Form R or Form A for a covered facility sign the certification in lieu of the covered facility's owner/operator? No. A representative from a consulting firm preparing a Form R or a Form A for a covered facility cannot sign the certification in Part I, Section 3 of either the Form R or the Form A. The certification must be signed by the owner/ operator, or a senior management official employed by the facility subject to EPCRA Section 313 toxic chemical release inventory reporting. Senior management official means an official with management responsibility for the person or persons completing the report, or with management responsibility for the manager of environmental programs for the facility or establishments, or with management responsibility for the corporation owning or operating the facility or establishments responsible for certifying similar reports under the other environmental regulatory requirements (40 CFR Section 372.3). 610. Can a plant manager of a covered facility or a designee sign the certification statement on the Form R? That is, can a plant manager qualify as a senior management official! Section 313 requires that a senior official with management authority over the person or persons filling out the form certify the accuracy and completeness of the form. This person could be a plant or facility manager rather than a senior corporate executive and should be the senior person in a position to attest to the accuracy of the information provided. 611. If a covered facility has a manager who is the originator of the data in the Form R report, would he/she sign the form or would it be the facility manager to whom this manager reports? Senior management official means "an official with management responsibility for the person or persons completing the report, or the manager of environmental programs for the facility or establishments, or for the corporation owning or operating the facility or establishments responsible for certifying similar reports under other environmental regulatory requirements" (40 CFR Section 372.3). Your facility must make the determination regarding who meets this definition. 612. A facility regulated under EPCRA Section 313 uses a post office box number or a mailing address different from its physical address to receive its mail. When the physical location is listed as the mailing address, the mail is returned to the sender by the post office. For reporting on the Form R Part I, Section 4.1, what should the facility list as its mailing address? 200 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 5 Form R, Facility, Facility Reporting, Location Change, Reporting Requirements Form R, Facility, Facility Name Change, Parent Company Name Form R, TRI Facility Identification Number, Change of Ownership Since reporting year 1991, Form R contains a separate field for mailing addresses. The facility should enter its mailing address in this field if it is different from the facility's physical address. The facility must always enter its physical address in the appropriate Section of the Form R. EPA encourages facilities to notify EPA of address changes in advance. 613. Company Y sold its timber preserving chemical manufacturing business to Firm X in September, transferring only the operating rights of the business. After the sale, all manufacturing operations were moved to Firm X's production/aci/iYy in another city. In February of the following year, Company Y was converted to a warehousing/aci'/iYy (SIC code 4225). What is Company Y's reporting obligation under Section 313? Though manufacturing operations ceased in September of the reportable year, Company Y must submit, no later than July 1 of the subsequent year, a Form R for any listed toxic chemical manufactured, processed, or otherwise used, at Company Y's facility, in excess of threshold levels within the reportable year. No reporting is required for the following reporting year and subsequent reporting years as long as the facility operations are not classified within a covered SIC code. 614. The owner/operator of a covered facility is preparing Form Rs for a facility. The facility and its parent company both changed their names after the reporting year. What names should be reported by the owner/operator (for both the facility and the parent company) on the Form Rs covering the reporting year? The facility should report the names used by the facility and parent company during that reporting year. When the owner/operator submits Form Rs for the next reporting year, these reports should reflect the names used by the facility and parent company during the new reporting year. (Note: the TRI Facility identification number will not change.) 615. The owner/operator of Poultry Products submits a Form R in 1996 and receives a TRI identification number. The following year Poultry Products is bought by Allen Family Foods and reports the new name on its 1997 Form R. Is the TRI identification number changed to reflect the change in facility name? No, the TRI identification number is established by the first Form R submitted by the facility. This identification number is retained by the facility even if the facility changes ownership and name. This identification number will stay with this facility as long as the facility location does not change. The TRI identification number remains the same even if the facility changes names, production processes, SIC codes, etc. 201 ------- SECTION 5 1998 EPCRA Section 313 Questions and Answers Form R, TRI Facility Identification Number, Change of Ownership Form R, Public Contact, Parti Section 4.4 Form R, Public Contact, Technical Contact, Parti Section 4.4 Form R, Technical Contact Form R, SIC Code, Multi- establishment, Parti Section 4.5 616. A portion of a covered facility is sold in July 1997 to a new owner. For reporting on the Form R for the year 1997, what TRI/aci7iYy identification numbers should be used by the reporting facilities (40 CFR Section 372)? For purposes of reporting on the Form R, the portion of the facility that was not sold during the year would maintain the TRI identification number originally assigned to the facility. The facility under new ownership would, however, indicate in Part I, Section 4.1 that the report is a first time submission by the facility. Once the reports have been submitted by the new facility, a new identification number will be assigned to the facility for use in subsequent years. 617. Can the "public contact" listed on Part I, Section 4.4 be located elsewhere in the parent organization and not at the facility'! Yes. The public contact listed on Part I, Section 4.4 does not have to be located at the covered facility. 618. If the public contact item (Part I, Section 4.4) is left blank, can the facility later use a public contact to speak to the news media on behalf of the technical contact? If a public contact is not identified, EPA will enter the technical contact into the database as a public contact. Thus, this person would receive public inquiries. You may, of course, use any person you choose to respond to such inquiries. 619. Regarding the technical contact, can this person be a different person for (a) each toxic chemical'! (b) each separate part of a facility'! Yes. A facility can identify different technical contacts for different toxic chemicals or different establishments within the facility, preferably with one "technical contact" listed on each form. Up to two names can be entered into the technical contact field on the database, but only one technical contact phone number can be listed. 620. The instructions for completing Form R indicate that the report should contain only covered SIC codes in Part I, Section 4.5 on page 1. A facility has the option of reporting as an entire facility or as separate establishments. If an establishment filled out a separate Form R, what SIC code would be used in Part I, Section 4.5? Would a SIC code be entered for an establishment not in covered SIC codes'! When a facility opts to file separate Form Rs for each establishment it should list in Part I, Section 4.5 of each Form R submitted the SIC code only of the establishment being reported on that Form R. If the establishment's SIC 202 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 5 Form R, Dun & Bradstreet Number, Parti Section 4.7 Form R, Multi- establishment Dun& Bradstreet Number Form R, Latitude/ Longitude Form R, NPDES Permit, Parti Section 4.9 Parent Company, Multiple Owners, Pan I Section 5.1 code is not within a covered SIC code, that establishment can either list the SIC code or enter NA. The listing of SIC codes outside the covered SIC codes is not required in the Form R instructions. 621. If a covered facility does not have a Dun & Bradstreet number but the parent corporation does, should this number be reported? Report the Dun and Bradstreet Number for the facility. If a facility does not have a Dun and Bradstreet Number, enter "NA" in Part I, Section 4.7. The corporate Dun and Bradstreet Number should be entered in Part I, Section 5.2 relating to parent company information. 622. If two plants are separate establishments under the same site management, must they have separate Dun & Bradstreet numbers? They may have separate Dun & Bradstreet numbers, especially if they are distinctly separate business units. However, different divisions of a company located at the same facility usually do not have separate Dun & Bradstreet numbers. 623. Our facility operations cover a large area. What longitude should be reported for our facility and how can we locate this information? Report the latitude and longitude for a location central to the operations for which you are reporting. You may find this information on your NPDES permit. See the instructions for completing Form R for a detailed description on how to determine latitude and longitude from United States Geological Survey (USGS) maps of your facility location. 624. If a covered facility has a NPDES permit, but does not discharge toxic chemicals to surface water, does the facility have to fill in Part I, Section 4.9? Yes. This information is part of the facility identification section of the Form R and is intended for use in obtaining other information about the facility. 625. An electricity generatingyaci/iYy (EGF) is comprised of multiple independent owners. Each individual owner runs his/her own separate operation, but each has a financial interest in the operation of the entire facility. What name should be entered as the parent company in Part I, Section 5.1 of the Form R? Should the facility report under one holding company name? The electricity generating facility should enter in Part I, Section 5.1 of the Form R the name of the holding or parent company, consortium, joint venture, or other entity that owns, operates, or controls the facility. 203 ------- SECTION 5 1998 EPCRA Section 313 Questions and Answers Parti, Section 5.1, Parent Company Name Form R, NPDES Permit, Releases to Receiving Stream, Parti Section 4.9 Form R, Maximum Amount On-site, Threshold Determination FormR Submissions, Part II Section 3 626. A covered facility sells one of its establishments to a new owner. The operator of the newly sold establishment, however, does not change. The same operator operates the newly sold establishment and the rest of the facility. Although the facility makes its threshold determinations based on the activities at the entire facility (including the newly sold establishment), the facility chooses to report separately for the different establishments. What parent name should the newly sold establishment use, the parent name of the owner or the parent name of the operator (i.e., the same as the rest of the facility)'! All establishments of a covered facility must report the parent name of the facility. Therefore, in the instance described above, the newly sold establishment should use the parent name of the facility operator (i.e.. the same parent name the rest of the facility is using.) 627. If a covered facility enters an NPDES permit number on the Form R but does not discharge the toxic chemical to a receiving stream, must it also enter a receiving stream name? No. If there are no releases of the toxic chemical to the receiving stream noted in the NPDES permit, the facility would not need to list the stream name. However, the NPDES permit number must be supplied whether or not there are releases of the specific reported chemical to a receiving stream or water body. 628. In determining the maximum amount on-site and thresholds, do covered facilities count water in a solution (e.g., an aqueous solution of ammonium nitrate)? No. Exclude the water in solutions when calculating the maximum amount of the toxic chemical on-site and in making threshold determinations. 629. A metal miningyaciViYy manufactures, processes, and otherwise uses cyanide compounds, but only exceeds the otherwise use threshold. How should this facility complete Part II, Section 3 of the Form R? Even though the covered facility only exceeds the otherwise use threshold, it is required to identify all manufacturing, processing, and otherwise use activities and check at least one box in Part n, Sections 3.1, 3.2, and 3.3. The Forms and Instructions document directs facilities to check all the boxes in Section 3 that apply. Note that once a threshold has been exceeded for a listed toxic chemical, the facility must report releases and other waste management activities associated with all nonexempt activities at the facility, and not just those associated with otherwise use activities. 204 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 5 Form R, Maximum Amount On-site, Part II Section 4, Threshold Determination Form R, Maximum Amount On-site, Previous On-site Disposal Form R, Maximum Amount On-site, Part II Section 4, Threshold Determination Form R, Maximum Amount On-site, Part II Section 4 630. For Part II, Section 4 of the Form R, a covered facility must calculate the maximum amount of a toxic chemical on-site at any one time during the reporting year. The facility must add up the amounts of the toxic chemical present at all locations within the entire facility (e.g., storage tanks, process vessels, on-site shipping containers). Must the facility include the amount of the toxic chemical in a wastestream or in scrap metal prior to being smelted when determining the maximum amount on-site? Yes. When determining the maximum amount on-site for Part II, Section 4 of the Form R, the facility must aggregate all nonexempt quantities of the toxic chemical. Toxic chemicals present in waste as well as in scrap metal are not exempt from reporting on the Form R and thus must be included when calculating the maximum amount on-site for Part n, Section 4. 631. How do covered facilities that operate landfills report maximum amount of a chemical on site? Does this data element take into account amounts of a chemical that have been disposed of in prior years? To comply with EPCRA's maximum amount on site requirement, facilities should report in data element 4.1, Part II, of the Form R, the maximum quantity of the toxic chemical present at the facility during the reporting year. Facilities should include amounts of the chemical in storage tanks, process vessels, on site shipping containers, and any other amount of the chemical at the facility. However, facilities do not have to count amounts of the toxic chemical that it disposed of in on site landfills in previous years. 632. Part II, Section 4 of the Form R records the maximum amount of a toxic chemical on site at any time during the reporting year. When determining this amount, covered facilities must aggregate all nonexempt quantities of the toxic chemical. Does this amount include concentrations of the toxic chemical present in products? Yes. Covered facilities must indicate the maximum amount of the toxic chemical on-site at any one time during the reporting year. The maximum amount on-site includes raw materials, in-process materials, product inventory, and quantities present in wastes. Owners or operators must total all quantities of the nonexempt amounts of the toxic chemical present at the facility when completing Part II, Section 4.1 of the Form R. 633. How should facilities estimate the maximum quantity on-site for hydrochloric acid (aerosol), manufactured as a by-product of the combustion process and vented directly to a stack? When determining the maximum amount on-site for Part II, Section 4 of the Form R, only the reportable form of a chemical (e.g.. aerosol) is to be 205 ------- SECTION 5 1998 EPCRA Section 313 Questions and Answers Form R, Maximum Amount On-site, Fume or Dust, Part II Section 4, Threshold Determination Form R, Maximum Amount On-site, Part II Section 4, Multi- establishment, Threshold Determination Form R, Releases to Receiving Streams, Part II Section 5.3 considered. The quantity of the hydrochloric acid (aerosol) could be estimated by determining the volume of the air stream that could contain hydrochloric acid (aerosol), as well as the concentration of the acid in the air stream. In this case, the volume would be the interior volume of the equipment from where it is manufactured (e.g.. boiler} to where it is released (e.g.. stack). Keep in mind that the range codes used for the maximum quantity on-site are quite broad, and therefore, a precise calculation may not always be required. Facilities are also directed to refer to the Guidance for Reporting Sulfuric Acid (EPA-745-R-97-007; November 1997). 634. The list of toxic chemicals under EPCRA Section 313 contains three substances with a "fume or dust" qualifier (aluminum, zinc, and vanadium). For purposes of reporting the maximum amount on-site (Part II, Section 4 of the Form R), should covered facilities only report the maximum amount of fume or dust on-site or the maximum amount of all forms of the chemical on-site at any one time? When determining the maximum amount on-site for Part II, Section 4 of the Form R, only the reportable form of a chemical (e.g.. fume or dust) is to be considered. 635. In Part II, Section 4.1 of the Form R, covered facilities must enter a range code indicating the maximum quantity of a toxic chemical on-site at any time during the reporting year. If a facility is reporting by establishment, should the quantity reported in Section 4.1 represent the maximum quantity at the establishment or the maximum quantity for the entire/aci'/iYy? If a Form R is being submitted for "part of & facility" (i.e.. an establishment or group of establishments)., the range code selected for the maximum amount of a toxic chemical on-site should be reflective of the establishment or group of establishments, and not of the entire facility. 636. How should a facility go about designating the name of a receiving stream? Facility owner/operators must report the name of each stream to which toxic chemicals being reported are directly discharged. You should report the name of the receiving stream or water body as it appears on the NPDES permit for the facility. If the stream is not named in a permit, enter the name of the off-site stream or water body by which it is publicly known or enter the first publicly named water body to which the receiving waters are a tributary, if the receiving waters are unnamed. You should not list a series of streams through which the toxic chemical flows, but only the first water body it enters from your facility. Do not enter names of streams to which off-site treatment plants discharge. Enter "NA" in Section 5.3.1, if you do not discharge the listed toxic chemical to surface water bodies. 206 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 5 Form R, Releases to Receiving Streams, Part II Section 5.3 Form R, Releases to Receiving Streams, Part II Section 5.3.1 Form R, Blank Data Elements: NA FormR Submissions, NA 637. A covered facility determines that it can estimate stormwater releases of a toxic chemical from the facility. However, such releases go to a city-owned storm sewer system and the facility has no direct knowledge of the receiving stream or surface water body to which the toxic chemicals are ultimately released. What do they report as the "stream or water body name" on Part II, Section 5.3 of the Form R? The facility would put "city-owned storm sewer" or the equivalent because this is all they know. To leave the stream or water body name item blank or put "NA" would be identified as an error when the Form R is entered into the computerized database of Section 313 data. 638. A covered facility owner/operator's NPDES permit lists not only the first stream into which they discharge their waste, but also the subsequent streams it will flow through. The first three streams are listed on the permit as "unnamed creek." The fourth listed stream is the first with a name, Grove Creek. Since the facility does not discharge directly into Grove Creek, what should they list in Section 5.3.1 for receiving stream or water body name on the Form R? Since Grove Creek is the first named receiving stream, it should be listed in Part II, Section 5.3.1 even though the waste is not directly discharged into it. 639. In some sections of the Form R, facilities are asked to report "NA" if that section does not apply to a submission. Are blank spaces left on the form the equivalent of "NA?" No. A facility must enter "NA" to inform the Agency that the submitter has not just overlooked a section of the Form R. 640. A covered facility is required to file a Form R for benzene. The facility did not have any known accidental spills or releases to land of benzene during the calendar year. Is it appropriate for the facility to report "NA" in Part II, Section 5.5.4, (Other Disposal)1! No. It is only appropriate to report "NA" when there is no possibility that a release could have occurred to a specific media or off-site location. In Part II, Section 5.5.4, the facility is required to report any amount of a listed toxic chemical released to land that does not fit the categories of landfills, land treatment, or surface impoundments. This includes any spills or leaks of the listed toxic chemical to land. While there were no known spills or leaks to land of benzene, the possibility did exist that a release could have occurred. In this situation, the facility should report 0 in Section 5.5.4 and provide a basis of estimate (see the current Toxic Chemical Release Inventory Reporting Forms and Instructions). 207 ------- SECTION 5 1998 EPCRA Section 313 Questions and Answers Form R, Significant Figures Form R, Release Estimate, Significant Figures Reporting Requirements, Recordkeeping Form R, Audit Provisions Form R, Enforcement 641. Please explain the "two significant figures" reporting guideline. Estimates are not required to be reported to a greater accuracy than two significant figures (e.g.. 4224 may be entered as 4200). The number of significant figures is the number of non-zero digits. One significant digit may be reported if the estimation techniques used do not support two digit accuracy. 642. When reporting release estimates on the Form R, EPA recommends release estimates be rounded to no more than two significant figures. Should release estimates always be reported in whole numbers, or should decimal places be reported in certain instances? When reporting release and other waste management estimates on the Form R, always report using whole numbers (i.e.. round to the nearest pound). 643. What are the EPCRA Section 313 recordkeeping requirements for facilities that do not exceed thresholds? If a facility does not exceed an activity threshold for any listed toxic chemical, or is not in a covered SIC code, or does not have ten or more full time employees, it is not required under EPCRA Section 313 to maintain any records associated with its uses, releases, or other waste management activities involving listed toxic chemicals. Such facilities, however, may want to keep records of the amounts of listed toxic chemicals they manufacture, process, or otherwise use in order to defend against any claim that they failed to report. 644. Are specific audit provisions in the regulations? What about resolving differences of opinion, (i.e., does the auditor have final judgment)? Specific audit provisions are not in the EPCRA Section 313 regulations. The Agency, however, has the responsibility to assure that the data submitted are based on reasonable estimates. Audit results will be used to identify problems with calculating releases and other waste management quantities. In resolving differences of opinion, we expect that a final judgment will be made by the Agency. Also note that EPA has finalized a self-audit policy (December 12, 1995; 60 FR 66706) for facilities who choose to conduct their own audits. 645. The enforcement requirements of EPCRA (Section 325), state that the civil and administrative penalties for Section 313 noncompliance shall not exceed $25,000 for each violation. Is a noncompliance violation determined on a per facility or per toxic chemical basis? Also, is that penalty assessed on a per day basis? 208 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 5 Form R, Signature, NOTE Form R, FormR Submissions Form R, Reporting Requirements, Negative Declaration Form R, Form R Submissions Section 325(c)(i) states: "any person who violates any requirements of Section 313 shall be liable to the United States for a civil penalty in an account not to exceed $25,000 for each such violation," for each day a violation continues. Therefore, the facility can be assessed a penalty for each Form R not submitted or submitted incorrectly, and the penalty can be assessed on a per day basis. EPA accesses penalties on a per toxic chemical per facility basis which may include per day penalties, depending on the circumstances of the violation. An Enforcement Response Policy (ERP) is available for EPCRA Section 313 and it describes the types of violations and associated penalties (current version). Also note that the Department of Treasury recently increased the fines from $25,000 to $27,500 for violations occurring after January 30, 1997; (December 31, 1996; 61 FR 69360). 646. A. facility received a Notice of Technical Error (NOTE) stating that they did not have an original signature on the Form R submitted to EPA. How should the facility respond to this NOTE? EPA must have an original signature on file. A facility must resubmit a completed Form R with an original signature, and this new form should be attached to the NOTE and returned to EPA and to the facility's state contact. 647. Can a facility submit one original copy of Part I (facility Identification Information) with several copies of Part II (Chemical Specification Information) for different listed toxic chemicals'! No. Submission of multiple copies of Part II, with only one copy of Part I, would be considered noncompliance. The final rule clearly requires that each completed submission contains all parts of the Form R (including Part II). 648. If a facility is not required to report under EPCRA Section 313, is there any form that is available to report that EPCRA Section 313 does not pertain to this facility'! There is no negative declaration form available to facilities not covered by EPCRA Section 313. 649. How can a facility be assured that the Agency has received a submitted form? To be notified of receipt of submissions, facilities should send forms using the U.S. Postal Service "Return Receipt Request" mail service. The Agency will not respond to cover letters requesting acknowledgment. 209 ------- SECTION 5 1998 EPCRA Section 313 Questions and Answers Recordkeeping, Electronic Data Form R, Source Reduction, Data Sources Information Access 650. A covered RCRA Subtitle C hazardous waste facility uses data from hard copies of manifests, waste profiles, purchasing orders, inventory orders, etc. to determine thresholds and calculate releases and other waste management activities. The covered facility transfers all of the data from the paper sources into its computer system, and then discards the hard copies. The facility keeps the computerized data for three years from the date of submission of its Form R. Can electronic data be used (in conjunction with other data) to satisfy the recordkeeping requirements at 40 CFR Section 372.10, or must the facility maintain copies of the original documentation? Insofar as 40 CFR Section 372.10 is concerned, some electronic data that has been scanned may be used to satisfy recordkeeping requirements. Facilities should employ adequate safeguards to prevent changes to the data after the data have been scanned and the documents stored electronically should capture all of the information required by 40 CFR Section 372.10. For example, this section of the regulations states, in part, that "Each person subject to the reporting requirements . . . must retain the following records for a period of 3 years from the date of the submission of a report. . .[3][vi] receipts or manifests associated with the transfer of each toxic chemical in waste to off-site locations." While the scanning and electronic storage of the entire receipt or manifest would satisfy the recordkeeping requirements of 40 CFR Section 372.10, the data entry of portions of the receipts or manifests into spreadsheets or databases might result in the loss, or erroneous entry, of pertinent information that is required by 40 CFR Section 372.10. 651. Where can facilities obtain source reduction figures from previous years? Facilities should use the best readily available information they have. For example, they may use inventory data, reuse data, engineering reports on process modification, and product development studies. 652. \facility would like to receive information on who requested their Section 313 Form R's. Can they request this information from the EPCRA Reporting Center? No. The request for the names cannot be made to the EPCRA Reporting Center. EPA purposely does not keep a record of individuals or organizations that make requests to the EPCRA Reporting Center. This protects the anonymity of the requestor. 210 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 5 Withdrawal Form A, Form R, Withdrawal Withdrawal Withdrawal, EPA Review C. Form R Withdrawals 653. Has EPA allowed facilities to withdraw Form Rs submitted under EPCRA Section 313? Yes. EPA has permitted facilities that have filed a Form R under EPCRA Section 313 to request that EPA withdraw the Form R data from EPA's database (i.e.. the Toxics Release Inventory System (TRIS)) and from the public version of the database. 654. What is the procedure for requesting a withdrawal of a Form R or Form A submission? In order to have a submission removed from the Toxics Release Inventory (TRI) database, a facility must send a letter to both the EPCRA Reporting Center and the appropriate state agency requesting that the submission be withdrawn from the EPA database. The letter should be marked "Attention: Withdrawal Request" and should explain the reason for the request (e.g.. the toxic chemical was below threshold, or the facility qualifies for an exemption). The withdrawal request should also include the following information: the reporting year, chemical name, a technical contact name and phone number, and the name and phone number of the requester if it is not the same as the technical contact. It is only necessary to submit a withdrawal request letter. A copy of the Form R or Form A should NOT be included. The request should be sent to the EPCRA Reporting Center (at the address found in the most recent version of the Toxic Chemical Release Inventory Reporting Forms and Instructions) and the appropriate state agency. 655. What is the effect of a withdrawal? If EPA approves the request, the data contained in the Form R, that is the subject of the request, is deleted from EPA's database and from the public database when it is updated the next time. However, the Form R submission itself, the withdrawal request, and EPA's approval are retained in a miscellaneous document file. 656. What information does EPA consider when reviewing requests to withdraw a Form R? When EPA reviews a request to withdraw a Form R submitted under EPCRA Section 313, the only information that the Agency considers, is the information contained in the withdrawal request and/or the Form R that was submitted. 211 ------- SECTION 5 1998 EPCRA Section 313 Questions and Answers Withdrawal, EPA Contact Withdrawal, Validity Withdrawal, EPA Approval Withdrawal, Withdrawal Requirements 651. To approve a withdrawal request, has EPA ever contacted the submitter of the withdrawal request? In a few cases, EPA has contacted the submitter of the withdrawal request to clarify certain aspects of the information submitted on the Form R or on the request for withdrawal of the Form R. 658. In approving a withdrawal request, does EPA verify the validity of a request to withdraw a Form R through inspections or audits? No. For purposes of approving a withdrawal request, EPA has never attempted to verify the validity of a request for withdrawal by inspecting the facility or auditing the information filed with the Form R or withdrawal request. Therefore, when EPA approves a withdrawal request EPA is merely granting the request on the basis of the representations and information provided by the submitter in its request and, in some cases, on its Form R. 659. Is EPA's approval of a request to withdraw a Form R a determination by the Agency that the submitter was not required to report under EPCRA Section 313? No. EPA's approval of a withdrawal request does not communicate an Agency determination that the submitter was not required to file the Form R that is the subject of the withdrawal request. EPA's approval merely grants the request. An inspector would need to visit the facility and review the facility's records for EPA to determine that a Form R, in fact, did not need to be filed. However, as noted above, for purposes of approving a withdrawal request, EPA has never attempted to verify the validity of a withdrawal request through inspections or audits. 660. A covered facility mistakenly determined a toxic chemical to be otherwise used, rather than processed, at their facility. As a result, the facility reported the listed toxic chemical on the Form R with 15,000 pounds used during the previous reporting year. Since they will not be reporting this toxic chemical for the next reporting year, is there any need to withdraw the previous year's reporting forms to prevent an enforcement contact by EPA? The facility is not required to withdraw the report. A facility may request to withdraw a form submitted unnecessarily (i.e.. a legitimate case of over reporting). Since the facility over-reported as a result of a threshold determination error, it should thoroughly document the mistake in its recordkeeping for that Form R. No documentation, in addition to the withdrawal request, need be sent to the state or EPA at this time. 212 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 5 Withdrawal, Form R Revisions Form R, Form A, FormR Revisions 661. If a covered facility finds that it has submitted the forms with minor errors (e.g., boxes incorrectly checked, NA in the wrong place, all pages were not sent for each toxic chemical even if the pages should be blank), should the forms be resubmitted or should the facility wait for EPA to send error notices requesting revisions? As soon as the errors are discovered, the facility should resubmit the form to the same address (i.e.. the EPCRA Reporting Center). The box that says "Enter 'X' here if this is a revision" (in the upper right hand corner of Page 1) should be checked. The data elements that are different from the initial report should be made and circled in dark ink. The original, incorrect elements should be crossed out. 662. What is the procedure for voluntarily revising previously submitted Forms R or Form A reports? Voluntary revisions (as opposed to revisions required to correct errors that prohibit further Form R/Form A processing) must be submitted to the EPCRA Reporting Center and the appropriate state agency. Although hard copy (i.e.. paper) revisions are acceptable, EPA encourages covered facilities to submit all revisions on a diskette, by using EPA's Automated Toxic Chemical Release Inventory Reporting Software (ATRS) package, even if the original submission was on hard copy. A cover letter with facility information (e.g.. reporting year, chemical name, document control number if known, original date of submission) and an explanation of the reason for the revision is helpful, but is not required. Standard revisions (i.e.. revising a Form R with another Form R, or revising a Form A with another Form A) may be completed in one of two ways: (1) The facility may submit the Form R or Form A revision on a diskette by entering an "X" in the field named "Enter 'X' here if this is a revision." If the original was submitted on hard copy, the facility should complete an electronic version of the entire Form R that reflects the revisions. If the original was submitted on a diskette, the facility should simply modify the appropriate fields of the original ATRS submission. The diskette should include ONLY those Forms R or Forms A that have been revised, not the original form. The owner/operator or senior management official must sign and date the ATRS certification cover letter. (2) The facility may submit the Form R or Form A revision on hard copy by entering an X in the space marked "Enter 'X' here if this is a revision" and enter the corrected information next to the original information. Corrections should be made in blue or black ink only, NEVER in red ink. The owner/operator or senior management official must re-sign and re-date the certification on page one. 213 ------- SECTION 5 1998 EPCRA Section 313 Questions and Answers FormR Revisions, Receipt of New Information Form R, Form A, Form R Revisions 663. A covered treatment, storage, and disposal (TSD) facility receives a corrected waste profile in September for a type of waste that the facility has been receiving since January 1. The corrected waste profile indicates that a listed toxic chemical is in the wastestream at a higher concentration than was indicated on previous waste profiles. Must the TSD facility revise its threshold determinations and release and other waste management calculations back to the beginning of the reporting year or only from the date (September) that the corrected information was received? The facility must revise its threshold determinations and release and other waste management calculations back to the beginning of the year, if the facility receives information that they believe is more accurate in depicting amounts of toxic chemicals that they manage. Covered facilities are required to use their best readily available information as provided by EPCRA Section 313(g)(2). If facilities obtain information that they believe is better than the information that they applied for previous report submissions, the facility may submit a revision for prior periods provided that they document the basis for the revision. 664. What is the procedure for replacing a Form A with a Form R and vice versa? A Form R submitted after a Form A for the same chemical and reporting year is considered to be a late submission of a Form R and a request for a withdrawal of the previously filed Form A. Although hard copy submissions are acceptable, EPA encourages facilities to submit all submissions on a diskette by using EPA's ATRS software package, even if the original submission was on hard copy. A Form A submitted to replace a previously filed Form R is treated as both a withdrawal request and a replacement for the original Form R, and is subject to EPA review and approval. EPA encourages facilities to submit all Forms A on a diskette by using EPA's ATRS software package, even if the original Form R submission was on hard copy. A cover letter vnthfacility information (e.g.. reporting year, chemical name, document control number if known, original date of submission) and an explanation of the reason for the replacement is helpful, but is not required. Submitters who wish to submit a replacement Form A should use the following procedure: (1) Send a completed diskette or hard copy version of the Form A to the EPCRA Reporting Center and the appropriate state agency. Please do not include a copy of the original Form R. 214 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 5 Form R, Form R Revisions Withdrawal, Chemical Deletion (2) Do NOT mark the revision box on the first page of the Form A, since submitting a withdrawal request and replacement Form A is not considered to be a voluntary revision. Rather, they are withdrawal requests and replacements of the previously filed Form R subject to EPA review and approval. EPA will evaluate whether or not to accept the revision (i.e.. replacement Form A). The owner/operator or senior management official must re-sign and re-date the ATRS certification cover letter (in the case of an ATRS diskette submission) or the certification on page one (in the case of hard copy submission). 665. By what date must withdrawals and revisions be completed? There is no deadline for withdrawals and submissions. However, voluntary revisions and withdrawal requests must be submitted by October 15th of the same year as the reporting deadline in order for the revised or withdrawn data to be reflected in the corresponding TRI public data release. 666. EPCRA Section 313(d) provides for the addition and deletion of chemicals from the list of toxic chemicals found at 40 CFR Section 372.65. When a toxic chemical is deleted, and the final action is effective upon publication in the Federal Register, thereby relieving covered facilities from EPCRA Section 313 reporting requirements for the newly deleted chemical from the date of publication forward. If a facility submits a Form R for a newly deleted chemical, must the facility submit a formal written withdrawal request to the Agency? Covered facilities need not submit a formal written withdrawal request because the Agency does not enter a Form R received for a newly delisted toxic chemical into the TRI database. Facilities that submit Form Rs for that chemical will receive a Notice of Data Change informing the facility that the data on the Form R was not entered into the database due to the chemical's deletion from the toxic chemical list. The Agency does not, however, remove from the database information from Form R reports submitted for years during which the toxic chemical was listed as an EPCRA Section 313 toxic chemical. In the case where only certain forms of a toxic chemical are delisted, the Agency will not automatically exclude the Form Rs because the Agency cannot determine for which form of the chemical the threshold determinations and reported data were based. For example, non-aerosol forms of sulfuric acid were delisted on June 30, 1995 (60 FR 34182), making aerosol forms the only EPCRA Section 313 reportable forms of sulfuric acid. In this case, without written clarification from the facility and review of the data submitted, the Agency cannot assume Form Rs submitted for sulfuric acid for reporting year 1994 represent reporting for only non-aerosol forms of 215 ------- SECTION 5 1998 EPCRA Section 313 Questions and Answers Withdrawal, Inappropriate sulfuric acid. Therefore, the Agency will enter the data as received, unless the facility submits a written revision or withdrawal request, as appropriate. 667. A covered facility submitted a Form R for isopropyl alcohol, CAS number 67-63-0, but does not manufacture the toxic chemical by the strong acid process. How should the facility notify EPA about the correction? The facility should submit a withdrawal request to the EPA's EPCRA Reporting Center clearly stating why the original isopropyl alcohol submission should be removed. In this request, the facility should give the reporting year and the name of the chemical in question as well as a contact name and phone number. EPA will take action on the request based on the information provided by the facility. If EPA approves the withdrawal request, the data will be removed from the EPA database, TRIS. The facility will be notified whether the request is approved or not. The request should also be copied and sent to the state/Indian Country for their information. 216 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 6 Supplier Notification, Notification Date Supplier Notification, De minimis Exemption Supplier Notification, De minimis Exemption Supplier Notification, SIC Code Supplier Notification, Mixture, Chemical Conversion Section 6. SUPPLIER NOTIFICATION (See Appendix A: Section 313 Policy Directive #9 Supplier Notification) 668. By what exact date must supplier notification be done? A supplier must notify each customer of any toxic chemical present in a mixture or trade name product with at least the first shipment of the mixture or trade name product in each reporting year (40 CFR Section 372.45(c)(l)). 669. Is a facility subject to supplier notification requirements if it distributes products containing more than the de minimis level of a listed metal compound? Yes, if you are in SIC codes 20 through 39 and you distribute these products to other facilities in covered SIC codes, you are subject to the supplier notification requirements. Articles and consumer products are exempt from supplier notification. However, if the supplier has knowledge that articles are distributed to customers whose use will negate the article exemption, he/she should provide notification of toxic chemicals present in the articles. 670. Does a supplier have to tell a customer that a toxic chemical is present below the de minimis level (1.0 percent; or 0.1 percent for OSHA carcinogens)? No. This information is not required. 671. Do supplier notification requirements apply only to a situation where the customer is in SIC code 20 through 39 and has more than 10 employees? A company in SIC codes 20 through 39 is responsible for providing supplier notification to a[\ facilities in covered SIC codes (including the newly added industries) with 10 or more employees, and to customers who, in turn, may sell or distribute to facilities in a covered SIC code. Such a customer may be a wholesale distributor who is not in a covered SIC code but sells to other facilities in a covered SIC code. Facilities in a covered SIC code but not in SIC codes 20 through 39, however, are not required to initiate supplier notification. 672. Are some mixtures of toxic chemicals exempted from the supplier notification requirements? A mixture as defined in EPCRA Section 313 does not include a combination of toxic chemicals produced as the result of a chemical reaction (40 CFR Section 372.3). Mixtures are not exempt from supplier notification unless the amount of the toxic chemical in the mixture is below de minimis levels. A mixture is defined as a combination of two or more chemicals if the chemicals are not 217 ------- SECTION 6 1998 EPCRA Section 313 Questions and Answers Mixture, Supplier Notifications Supplier Notification Supplier Notification, Sales Samples Supplier Notification, Consumer Product Exemption Supplier Notification, Distributors part of a wastestream and they were not combined as a result of a chemical reaction. However, if this combination was formed by a chemical reaction but could have been formed without one, it is also considered a mixture. Any other combination formed by a chemical reaction is not considered a mixture. If a toxic chemical is present in a mixture at a concentration below the de minimis level, this quantity of the substance is exempt from Section 313 supplier notification requirements. 673. Is supplier notification required for mixtures of water and a listed acid if the facility distributes the mixture under the name of the acid? Note that EPA interprets mixture to exclude, for example, a water and phosphoric acid mixture distributed as phosphoric acid. Supplier notification would be required for mixtures of water and an acid as with any other mixture, regardless of the name it is distributed under if the concentration of the Section 313 chemical in the mixture is greater than the de minimi s level. 674. 40 CFR Section 372.45(b)(l) states that to fulfill the supplier notification requirement the notification shall include "a statement that the mixture or trade name product contains a toxic chemical or toxic chemicals subject to the reporting requirements of Section 313..." Does a facility have to include the word "toxic" in its notifications? The word "toxic" does not have to appear in the statement to fulfill the requirement of 40 CFR Section 372.45(b)(l). However, the statement should clearly state that the toxic chemical is subject to EPCRA Section 313. 675. Are sales samples covered for purposes of supplier notification? Sales samples are covered unless they meet one of the stated exemptions in 40 CFR Section 372.45(d) of the regulation, such as articles or products distributed to the general public. 676. A company that makes conveyors for bottling facilities also sells small cans of spray paint to them for use in touch-ups of the paint on the conveyors. The paint is not distributed to or used by the general public. Is the company exempt from supplier notification under the consumer product exemption because the paint is packaged and used like a consumer item? (40 CFR Section 372.45(d)(2)(iii)) No. The exemption does not apply because the paint is not packaged for distribution to the general public. 677. Is supplier notification required for distributors in SIC codes other than 20 through 39 which do not manufacture or process listed toxic chemicals or mixtures containing toxic chemicals'! 218 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 6 Supplier Notification, Distributors Supplier Notification, Negative Declaration Supplier Notification, Distributors Supplier Notification, Reasonable Estimates Distributors in SIC codes outside of 20 through 39 who do not manufacture or process toxic chemicals are not required to prepare notices that the mixture or trade name products which they distribute contain a toxic chemical. They should, however, pass along such notices prepared by their supplier to any facility in a covered SIC code who purchases a mixture or trade name product containing a toxic chemical. 678. If a distributor does not receive supplier notification from his/her supplier, will he/she be in violation for not sending the supplier notification with his/her first shipments to other covered facilities or facilities who will in turn send the shipments to covered facilities'! No, if the secondary supplier does not receive the information, he/she cannot develop a notice. 679. A manufacturer lists toxic chemicals on Section II of the MSDS under hazardous ingredients. It is possible that none of the chemicals listed are subject to Section 313 reporting. Is the supplier required to state that none of the chemicals are subject to 313 reporting, removing the need for customers to audit Section II? A manufacturer is required, and a supplier should include, the Section 313 statement in their MSDS if one or more of the chemicals in the mixture or trade name product are listed Section 313 toxic chemicals. The facility is not required to make a "negative declaration" that none of the components in the mixture are subject to Section 313. A manufacturer or supplier may, however, provide this statement on his/her own initiative. 680. To what extent is a facility covered under 40 CFR Section 372.45 required to determine if the facility receiving a shipment distributes the toxic chemical to a manufacturer? The facility should use the best readily available information. The manufacturer of the mixture must send the supplier notification to the middle man distributor if he/she has a reasonable basis to conclude that the distributor provides the product to covered facilities. Such a conclusion could be based on the nature of the product and its intended market. 681. What burden must the covered facility undertake to verify the accuracy/completeness of information provided to it under the requirements of supplier notification? A facility must use the best readily available information in making threshold determinations and release and other waste management calculations. If the facility has an indication that information provided by the supplier is unreasonable, they should look to other sources of information that they believe are more representative of any listed toxic chemicals and their 219 ------- SECTION 6 1998 EPCRA Section 313 Questions and Answers Supplier Notification, Distributors Supplier Notification, Auxiliary Facility Supplier Notification, Repackaging concentrations contained in mixtures or trade name products received from their suppliers. Facilities must document assumptions and calculations used in making threshold determinations and release and other waste management calculations. 682. Is supplier notification required for products produced by a facility and then distributed directly to a manufacturing/aci/iYy or through a distributor to another manufacturer? Yes, supplier notification is required in both instances. The intent is to provide a notification that will be passed on by the non-covered distributor. That distributor may be transhipping, relabeling or even repackaging, but because they are not in the covered SIC codes, they are not required to develop and distribute such notice. They are encouraged to pass the notice through to their customers. 683. A company distributes toxic chemicals through satellite/aci/ift'es. MSDSs are distributed from a central facility. The MSDSs arrive either prior to or after the shipment of the toxic chemical. Is it acceptable for the supplier notification to be attached to the MSDS and for current distribution operations to remain the same? If not, must the supplier notification be sent in the same package as the chemical? No, the requirement states that the notice must accompany at least the first shipment during the year to a customer. If the MSDS does not accompany that shipment then the supplier notification must still be sent in the package. The MSDS, however, also must incorporate or have attached to it the supplier notification information. 684. A covered facility repackages and distributes some toxic chemicals manufactured by other companies. Is the facility responsible only for passing on the manufacturer's information to its customers or is it required to provide supplier notification? The repackaging^7c/7/'(y must provide supplier notification to its customers only if it is in SIC codes 20 through 39. If the only information the facility knows is from the MSDS, all it can do is provide this same information to its customers. If the facility knows the product contents or concentrations are different from what appears on the supplier's notice, the facility must provide the more accurate information to its customers. EPA suggests, but does not require, that the repackager inform the supplier of the inaccuracy in their MSDS. If the facility is not in SIC codes 20 through 39 but instead, is a covered facility in a newly added industry beginning in 1998, it would not be required to initiate supplier notification. It should, however, pass along such notices 220 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 6 Supplier Notification, Trade Name, Generic Name, Part II Section 1 Supplier Notification, CAS Number Supplier Notification, MSDS Supplier Notification, MSDS prepared by their supplier to any facility in a covered SIC code who purchases a mixture or trade name product containing a toxic chemical. 685. MSDSs for the solvents we use give trade names or generic names only. Do we have to contact the manufacturer for more information to report under Part II of the Form R? If a trade name or generic name is provided and if the presence of a Section 313 toxic chemical is known, then that can be reported in Part n, Section 2 of the Form R. Suppliers are required to provide the identity of the listed toxic chemical (CAS number and toxic chemical name) and concentration in mixtures. The manufacturer may claim the information trade secret, but must provide a name that is descriptive of the toxic chemical, provide at least an upper bound concentration in the mixture., and indicate that the mixture contains a toxic chemical (40 CFR Section 372.45(e)). 686. I own a small chemical company that supplies some Section 313 toxic chemicals to customers. My customers are requesting MSDS information and want the CAS number for every toxic chemical in my mixtures. I thought I only had to supply that information for the listed toxic chemicals. If you wish, you may provide them with the CAS numbers for all of the toxic chemicals in your mixtures., but under Section 313 you are only required to provide information on the listed toxic chemicals (i.e.. those toxic chemicals and chemical categories subject to reporting under Section 313). 687. Is a company required to contact suppliers if an MSDS sheet does not contain complete or consistent language and/or information? No. The company must use the best readily available information, but the EPCRA regulations do not require them to contact the supplier. If, however, the company does voluntarily contact the supplier and the supplier provides more detailed information, then that becomes the best readily available information and the facility must use it. 688. A covered facility produces industrial non-consumer products and includes supplier notification information on the product label. Is this sufficient? Must the MSDS be distributed as the primary vehicle of notification? Inclusion of Section 313 supplier notification information on the product label will satisfy the notification requirements. However, the regulations state that if the products are required to have an MSDS then the supplier notification must be included with the MSDS for those non-consumer products. The MSDS, however, does not have to be distributed as the primary vehicle of notification. 221 ------- SECTION 6 1998 EPCRA Section 313 Questions and Answers Supplier Notification, MSDS Supplier Notification, MSDS Supplier Notification, Notification Letter Supplier Notification, Pesticides Supplier Notification, Mixture, Chemical Category 689. The supplier notification provision requires that the notice be attached to the MSDS for the first shipment, if an MSDS is required. What options would a facility have to give this notice if no MSDS were required under OSHA for the shipment? The facility may use a number of other mechanisms such as a letter, a label, or a written notice within whatever shipping papers accompany the shipment. 690. EPCRA Section 313 supplier notifications must be attached to the MSDS and must not be detached. However, MSDSs must be submitted only one time unless changes are made, while the supplier notification must be submitted annually. How should this inconsistency be handled? The supplier notification is to be part of the MSDS if the product is required to have an MSDS. If an MSDS is not required for the product, the notice must be in writing. Thus, in subsequent years, the supplier should submit the notification in writing. 691. Would an annual notification by letter to customers satisfy the supplier notification provisions under 40 CFR Part 372, Subpart C? Once customers have been supplied with the MSDS containing the Section 313 information, then it would be acceptable for a facility to refer to the MSDS by letter in subsequent years, provided the customer has the most current version of the MSDS. The letter must accompany the first shipment of the mixture or trade name product for the year. Also, the supplier notification regulations require that a new notification be provided when the presence or composition of a listed toxic chemical in the product changes. 692. Is supplier notification required for pesticide products packaged for distribution to the general public? If the pesticides products are distributed for use by the general public, supplier notification is not required (40 CFR Section 372.45(d)(2)(iii)). 693. If a mixture contains a listed toxic chemical compound that is a member of a reportable Section 313 toxic chemical category, how should that be addressed on the supplier notification? Is it acceptable to provide the percent of the parent metal? If a mixture contains a toxic chemical compound (e.g.. 12 percent zinc oxide) that is a member of a reportable chemical category (e.g.. zinc compounds), the supplier is required to notify his/her customers that the mixture contains a zinc compound at 12 percent by weight. Supplying only the weight percent of the parent metal (zinc) does not fulfill the requirement, but may be 222 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 6 Supplier Notification, Pure Chemical, Trade Name Supplier Notification, Import Supplier Notification, Waste Supplier Notification, Intracompany Transfer provided to aid receiving facilities in estimating releases and other waste management. The customer must be told the weight percent of the entire compound for threshold determinations. 694. Do the supplier notification requirements under 40 CFR Section 372.45 require notification for a shipment of a pure (i.e., 100 percent) toxic chemical that has not been assigned a trade name? A manufacturer is not required to provide supplier notification for a pure toxic chemical (i.e.. a product labeled with the listed Section 313 chemical or identified by CAS number). The identity of the toxic chemical will be known based on label information and CAS numbers as long as a trade name is not used. Supplier notification applies to mixtures and trade name products. 695. How will the supplier notification work for imported products? Do exporters from Japan have to comply? No. Foreign suppliers are not required to comply with supplier notification. However, under the Toxic Substance Control Act (TSCA), an importer must certify that the chemicals in the imported mixture., as well as pure substances, meet the TSCA requirements. Therefore, the importer should have requested content and composition data on imported mixtures. 696. A covered facility sends empty drums containing toxic chemicals residue to a drum recycler (within a covered SIC code). Must the facility provide supplier notification? No. The supplier notification requirement only applies to mixtures and trade name products that are supplied or distributed. The only toxic chemicals being transferred are in the form of waste, and notification does not apply to wastes. 697. Do transfers of products or materials from one of our company's facilities to another facility require supplier notification? Yes. The language of the regulations covers material that it "sells or otherwise distributes." In this sense, the "otherwise distributes" language would apply to intra-company transfers. However, if the company has developed an internal communications procedure that alerts their other facilities to the presence and content of toxic chemicals in their products, then the Agency would accept this as satisfying the supplier notification requirement. 223 ------- SECTION 6 1998 EPCRA Section 313 Questions and Answers Supplier Notification, Multi- establishment, SIC Code Supplier Notification, Manufacture Supplier Notification, Activity Threshold 698. A multi-establishment facility is not covered (i.e., does not meet the SIC code criterion) but one of the establishments within the facility is within a covered SIC code. Does the language "facility or establishment" in the supplier notification part of the EPCRA Section 313 regulations subject this one establishment to the supplier notification provisions? No. EPA has determined as a matter of policy that the phrase "or establishment" does not extend coverage of the supplier notification provisions beyond that of a facility as defined by 40 CFR Section 372.22 (b) of the regulations. Therefore, in the case of a multi-establishment facility not subject to the regulations, an establishment in a covered SIC code within that facility would not be required to provide Section 313 supplier notification. However, the Agency encourages such an establishment to comply voluntarily so that its customers will have the information necessary to make proper compliance determinations under the Section 313 rules. The "or establishment" language provides an option similar to that available to establishments that submit reports as a part of a covered facility. For example, if only one establishment in a covered facility is actually distributing a product containing a toxic chemical then that establishment may assume the supplier notification responsibility for that facility. 699. Is a facility owner/operator responsible for preparing EPCRA Section 313 supplier notification information for a mixture or trade name product which contains a listed toxic chemical that they did not manufacture"! The owner/operator may be responsible. The requirement for developing supplier notification for a mixture or trade name product containing a listed toxic chemical is the responsibility of the facility in SIC codes 20 through 39 that manufactures or processes a Section 313 toxic chemical and sells or otherwise distributes a mixture or trade name product containing that toxic chemical. 700. A manufacturing/aci'/iYy otherwise uses nitric acid to clean reaction vessels. The same facility also buys nitric acid solution (bought as "Trade Name X") and resells it to other customers (no repackaging or relabeling of the solution takes place). Is the owner/operator of the manufacturing/aci'/iYy in SIC codes 20 through 39 required to develop supplier notification for the nitric acid it sells under 40 CFR Section 372.45? No. A manufacturingyac/7/'(y in SIC codes 20 through 39 is required to prepare and distribute supplier notification if it" ...manufactures (including imports) or processes a toxic chemical..." and ... "sells or otherwise distributes a mixture or trade name product containing the toxic chemical...'" to a facility that is required to file Form Rs or to a person who may sell or 224 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 6 Supplier Notification, Pure Chemical, Concentration Supplier Notification, Article Exemption otherwise distribute such mixture or trade name product to a covered facility (40 CFR Section 372.45(a)(2) and (3)). In the above example, the manufacturing^7c/7/'(y does not manufacture, import, or process nitric acid (it only otherwise uses nitric acid) and so it is not required to develop supplier notification for the nitric acid it sells. However, if a supplier notification is provided with Trade Name X nitric acid solution, the manufacturing^c/7/'(y is encouraged to pass this information along to its customers. (Note: if a supplier notification is incorporated in or attached to theMSDS received by the manufacturing^)fc/7/(y with the Trade Name X nitric acid solution it buys, "...any copying and redistribution of theMSDS shall include copying and redistribution of the notice attached to copies of theMSDS subsequently redistributed." (40 CFR Section 372.45(c)(5)) 701. Under 40 CFR Section 372.45, supplier notification is required for mixtures and trade name products containing listed toxic chemicals. The notification is not required for toxic chemicals labeled as pure. If a facility covered by the supplier notification requirements receives a substance which is labeled as a toxic chemical but no concentration is given, are they required to notify the recipient when selling or otherwise distributing the substance? No. Supplier notification is not required for pure substances labeled as the toxic chemical. If a substance is labeled as a toxic chemical and no concentration is given, then the processor (supplier) and the recipient of the toxic chemical should consider it to have a concentration of 100 percent. 702. A chemical manufacturingyacj/jYy distributes an item to its customers. Some of the customers use the item in such a way that allows them to claim the article exemption (40 CFR Section 372.38(b)). However, some of the customers use the supplied item in such a way that negates the article exemption. When should the manufacturer provide a supplier notification for the items it distributes since it is not required to provide such a notification for articles (40 CFR Section 372.45(d)(l)(i)), and may not know the end result of the distributed items? If the manufacturer knows that normal processing or otherwise use of the item by recipients would not negate its article status, no notification is necessary. If, however, the manufacturer believes the recipient may use an item in such a way that negates its article status, the manufacturer must provide a notification to that recipient. 225 ------- SECTION 6 1998 EPCRA Section 313 Questions and Answers Supplier Notification, Applicability, Article Exemption, Electroplating Supplier Notification, Article Exemption Supplier Notification, Paint, Janitorial Products Supplier Notification, Consumer Product Exemption Supplier Notification, Concentration 703. A company manufactures metal parts which it sends to an electroplating job shop to be plated, and which are then returned. Is this manufacturing company considered to be a "supplier" and thus subject to supplier notification? No, if the metal parts can be considered articles. In that case, the manufacturing company is not considered to be a supplier to the electroplator and does not need to meet the requirements for supplier notification. 704. A. facility manufactures paper products. Is the facility subject to the supplier notification provision of Section 313? A paper product can generally be considered an article. Supplier notification would be required only if the release of a toxic chemical occurred upon further processing or otherwise use by a covered manufacturing^c/7/'(y of those products. This release would negate the article status of the product. 705. Are manufacturers shipping "maintenance products" such as paint or janitorial products exempt from supplier notification since they are exempt from threshold determinations by the receiving/aci/iYy? No. These manufacturers are still required to provide the supplier notification. 706. Company A packages a listed chemical as a root destroyer and sells it to Company B, who then sells it directly to the public. (Company B does not use the product commercially and is not in a covered SIC code.) Is this considered a consumer product and thus considered to be exempt from supplier notification provisions (40 CFR Section 372.45(d)(2)(iii))? Yes, the product is exempt from supplier notification because it is being packaged for sale to the public. Even if the product were being used commercially by Company B, no supplier notification would be required because Company B is not in the covered SIC codes. 707. When a manufacturer considers the actual weight percent concentration of a toxic chemical in a mixture to be a trade secret, the Section 313 final rule states that an upper bound concentration can be used, but can be no larger than necessary to adequately protect the trade secret. Does that mean that a lower bound (i.e., not less than 5 percent) or a range (5-10 percent) is not acceptable in a supplier notification? A lower bound is not acceptable. A range that includes the upper bound concentration is acceptable. An upper bound was chosen so the user would not underestimate the quantity for purposes of threshold and release determinations and other waste management calculations. 226 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 6 Supplier Notification, Corporate Headquarters Supplier Notification, De minimis Exemption, Chemical Compounds Supplier Notification, Concentration 708. A manufacturing/aci/iYy is required to provide a Section 313 supplier notification for a mixture. One of the facilities receiving the supplier notification has requested that its notification go to that facility's corporate headquarters, and the headquarters has guaranteed that they will deliver the notification to the facility. By sending the notification to the corporate headquarters, is the manufacturing facility fulfilling its supplier notification requirement even though the manufacturing/act/iYy is not directly giving the notification to the facility to which it supplies the chemical? As long as the corporate headquarters can guarantee that the receivingfacility will obtain the notification by the first shipment in the reporting year, the manufacturingyac/7/(y is fulfilling its supplier notification requirement by sending the notification to the corporate headquarters as requested. 709. A manufacturing/aci'/iYy distributes a mixture containing three different manganese compounds. Each manganese compound, taken separately, would be below the de minimis level for Section 313 reporting. However, if the three manganese compounds are added together, the de minimis level is exceeded. Is this facility required to fulfill the supplier notification requirement (40 CFR Section 372.45) for this mixture? The compounds are included in the manganese compound category. Therefore, the facility must add together the weight percent of all manganese compounds when making de minimis and threshold determinations. Since the percent of manganese compounds exceeds the de minimis level, the facility would have to fulfill the supplier notification requirements for this mixture. 710. \facility in SIC code 28 distributes a product containing nitric acid, a listed toxic chemical, to other covered facilities and therefore is required to provide these other covered facilities with supplier notification. The concentration of nitric acid in the product varies from batch to batch. The facility knows the concentration of nitric acid in each batch. Can this facility give a range of concentrations for the nitric acid in this product in order to fulfill its supplier notification requirement? No. Every time a concentration of a toxic chemical in a mixture changes, the supplier must provide an updated notification with the new concentration. Therefore, this facility cannot provide a concentration range value in order to fulfill the notification requirement. Instead, the facility must provide a new notification with each product that has a different concentration of the toxic chemical. 227 ------- SECTION 6 1998 EPCRA Section 313 Questions and Answers Supplier Notification, Concentration Supplier Notification, Trade Secret Supplier Notification, Trade Secret Supplier Notification, Consumer Product Exemption 111. Is there any margin of error allowed in the weight percent listed in a supplier notification (i.e., ± 0.5 percent)? The Agency does not specify any margin of error or degree of precision in the percentage figures for the notice. 712. A facility is required to provide the supplier notification (40 CFR Section 372.45) for some of its products that contain toxic chemical(s). The products contain antimony compounds, a listed toxic chemical category. However, the facility considers the chemical names of the antimony compounds in their products a trade secret. Does this facility have to give the exact chemical names of these antimony compounds in order to fulfill the supplier notification requirement? No, this facility's antimony compounds are not specifically listed in the Section 313 toxic chemicals list. However, they do fall into the antimony compounds category. Since the name of the toxic chemical is not listed, the facility does not need to provide the chemical name to fulfill the supplier notification requirement. Thisfacility needs to identify that the products contain an antimony compound subject to Section 313, the concentration of the compound in the mixture, and the stoichiometric amount of antimony in the compound. 713. Regarding supplier notification, when a facility decides that it will consider a toxic chemical component of a product as a trade secret, is it required to fill out and submit a substantiation form under provisions of Section 322? No. The trade secret conditions in the supplier notification provisions of the regulations apply to applicable state law, not to EPCRA Section 322. Facilities are, however, required to keep a record of the reasons for considering specific chemical identity or composition a trade secret. 714. The preamble to the Section 313 final rule (53 FR 4510; February 16,1988) states that consumer product exemptions similar to those found in the OSHA Hazard Communication Standard (HCS) and the regulations implementing Sections 311 and 312 of EPCRA are incorporated into the Section 313 supplier notification provision (53 FR 4510). The consumer product exemptions under OSHA HCS and EPCRA Sections 311 and 312 are broader than the exemption that is listed in the Section 313 final rule. The regulations implementing Section 313 exempts from supplier notification, "(a)ny consumer product as the term is defined in the Consumer Product Safety Act packaged for distribution to the general public" (40 CFR Section 372.45(d)(iii)). 228 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 6 Supplier Notification OSHA HCS has a broader exemption that includes consumer products or hazardous substances that will be used in the workplace in the same manner as normal consumer use, and which results in a duration and frequency of exposure that is not greater than exposures experienced by consumers (52 FR 31878; August 17, 1987). Section 31 l(e) expands the consumer product exemption to include substances to the extent they are present in the same form and concentrations as a product packaged for distribution and use by the general public (40 CFR Section 370.2 "Hazardous Chemicals"). A facility manufactures 16-ounce boxes of a detergent that contains a Section 313 toxic chemical. The facility primarily distributes its detergent to consumers, however, it distributes to some covered facilities also used by industry. The Consumer Product Safety Act defines the detergent as a consumer product. The manufacturer distributes the 16-ounce boxes of detergent to three facilities within a covered SIC code. Eachfacility uses the detergent in a different way. The first facility exclusively uses the detergent to supply the company lunchroom for the employees to wash their dishes. The second facility uses the detergent in industrial size washers to clean metal articles. The third facility uses the detergent to clean and degrease their distillation towers. To which of these facilities would the manufacturer be required to provide supplier notification? The manufacturer would not be required to include supplier notification with the shipment of the 16-ounce boxes of detergent sent to any of these facilities. For the product to be exempt from supplier notification under 40 CFR Section 372.45(d)(2)(iii), it must be packaged for distribution to the general public. This detergent is being distributed to covered facilities in the same form that it is packaged for distribution to the general public (i.e.. the 16-ounce box). Therefore, no supplier notification is required. If the same detergent was sold to manufacturing facilities in drums or other "industrial quantity" packages, then supplier notification would be required, regardless of the end use at the facility. 715. The requirements for supplier notification for mixtures or trade name products containing listed toxic chemicals, are found in 40 CFR Section 372.45. The requirements specify in Section 372.45(a) that supplier notification is required for persons who meet the following criteria: 229 ------- SECTION 6 1998 EPCRA Section 313 Questions and Answers Supplier Notification, Deleted Chemicals 1. Is in SIC codes 20 through 39; 2. Manufactures (including imports) or processes a toxic chemical; and 3. Sells or otherwise distributes a mixture or trade name product containing the toxic chemical. When the second criterion says a toxic chemical, does this refer to the toxic chemical being distributed or to any toxic chemical which is manufactured or processed at the facility? For example, a person processes benzene at their facility and also distributes a mixture containing xylene which they buy from another facility. The xylene is simply redistributed, not processed, by the facility. Is a supplier notification required for the mixture which contains xylene because the facility processed benzene? When the second criterion says a toxic chemical, it is referring to the toxic chemical in the mixture that is being distributed from the facility. Therefore, a facility owner/operator would not be responsible for preparing a supplier notification for a mixture that contains a toxic chemical that he/she did not manufacture or process. The requirement for developing a supplier notification for a mixture is ultimately the responsibility of the facility which processed or manufactured the toxic chemical in the mixture. The facility that is redistributing the toxic chemical is not repackaging it and thus is not processing it. 716. The regulations at 40 CFR Section 372.45(c)(l) state that "the person shall provide the written notice described in paragraph (b) of this Section to each recipient of the mixture or trade name product with at least the first shipment of each mixture or trade name product to each recipient in each reporting year beginning January 1,1989." Is the supplier required to notify customers if a Section 313 toxic chemical that is present in the mixture is later delisted by EPA, since the chemical is no longer a Section 313 toxic chemical? As stated in 40 CFR Section 372.45(c)(l), the supplier is only required to notify recipients if the mixture or trade name product contains a listed toxic chemical. The supplier is not responsible for providing modified notice as an immediate result of the Agency's delisting activity. If the mixture contains other Section 313 toxic chemicals, then the supplier would simply delete the delisted chemical from the next year's notification. 230 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 6 Supplier Notification, Effective Date, New Chemicals Supplier Notification, Mass Mailing 111. When must I begin providing a supplier notification (40 CFR Section 372.45) for a newly added chemical? For a chemical added on or after January 1 and before December 1 of any reporting year, supplier notifications are to be provided with the first shipment of the chemical in the following reporting year and every year thereafter. For example, a chemical added on April 1, 1998, requires a notification beginning with the first shipment of the chemical in the 1999 reporting year. For a chemical added on or after December 1 of any reporting year and before January 1 of the next reporting year, supplier notifications are to be provided with the first shipment of the chemical in the year following the next reporting year and every year thereafter. For example, a chemical added on December 10, 1998, requires a notification beginning with the first shipment of the chemical in the 2000 reporting year. 718. Could a manufacturer do a mass mailing of notifications to all customers at one time in the beginning of the year instead of sending an individual supplier notification with each shipment? Yes. Note that the regulations require that supplier notification be made to each customer by "at least the first shipment," so the timing of the mass mailing is important. Also, the notification must be included with theMSDS if one is required for the product. The supplier also must be cautious of formulation changes that could occur between the mass mailing and the actual first shipment. 231 ------- SECTION 6 1998 EPCRA Section 313 Questions and Answers This page intentionally left blank. 232 ------- 1998 EPCRA Section 313 Questions and Answers SECTION 7 Trade Secret, Chemical Identity Trade Secret, Parti Section 2.1 Trade Secret, Confidentiality Agreement, Public Disclosure Trade Secret, Public Disclosure, Confidentiality Agreement, Foreign Government Section?. TRADE SECRETS 719. How can the identity of a listed toxic chemical be protected from disclosure for trade secrecy purposes? Section 313 allows only the specific identity of a toxic chemical to be claimed as a trade secret. The rest of the Form R must be completed. This information is accessible to the public, including information on releases and other waste management of the toxic chemical. For trade secrecy claims, two versions of the Form R (one identifying the toxic chemical, the other containing only a generic chemical identity) and two versions of a trade secret substantiation form (July 28, 1988; 53 FR 28772) must be completed and sent to EPA. 720. On the Form R, if I do not check the "Trade Secrets" box in Part I, Section 2.1, what other blocks can I leave blank? Do I still have to fill in the CAS number? If the toxic chemical for which you are reporting is not a trade secret, you may leave the boxes in Section 2.2 blank. The CAS number, however, must be filled in along with the toxic chemical name (Part IT, Section 1.1 and 1.2). If you are reporting for a toxic chemical category, no CAS number applies. If you are claiming that the toxic chemical is a trade secret you must enter the generic name in Part II, Section 1.3. 721. For claiming trade secrets under EPCRA Section 313, would disclosure, without a confidentially agreement to the state and/or city having jurisdiction, negate a toxic chemical identity's trade secret status under federal provisions? In general, disclosure of information claimed as trade secret to a federal, state or local government officer or employee, or to the reporter's own employee, would not negate the claim of trade secrecy. However, disclosure of a toxic chemical identity to any other person without a confidentiality agreement would negate the toxic chemical identity's trade secret status under federal provisions. Where a trade secret claim is made, state governors are permitted to request that EPA provide access to all materials relating to this claim. The decision to provide information to any state employee is left to the governor's discretion. 722. A company with both domestic and foreign operations wishes to claim on a Form R that the identity of a toxic chemical that it processes is a trade secret. The company has entered into confidentiality agreements with all nongovernment entities that have knowledge of the identity and/or usage of the toxic chemical. These confidentiality agreements prevent the nongovernment entities from disclosing information about the chemical's identity or usage. The company, however, has not 233 ------- SECTION 7 1998 EPCRA Section 313 Questions and Answers entered into a confidentiality agreement with one of the foreign governments where it operates because the government is required by its laws to keep information regarding foreign business interests confidential. If the company discloses the identity of the chemical to this foreign government, is it required to report this disclosure on a Trade Secret Substantiation Form? Yes. Because the company has not entered into a tangible confidentiality agreement with the foreign government, it must report the disclosure on the Trade Secret Substantiation Form. In other words, it should check "yes" when answering question 3.2 on the form. However, because the foreign government's laws guarantee confidentiality of the TRI chemical's identity and usage, regardless of the existence of a confidentiality agreement, the identity of the chemical is protected. The company should explain this when answering question 3.1 on the form. 234 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A APPENDIX A. SECTION 313 POLICY DIRECTIVES This appendix contains in-depth descriptions of some of the more complex issues involved in EPCRA Section 313 reporting. The questions and answers contained in the body of this document address specific situations. For some issues, such as the de minimis and article exemptions, however, multiple factors become involved in determining threshold determinations and release and other waste management calculations. These issues have generated many inquiries and requests for clarification from regulated facilities. The directives contained in this appendix provide comprehensive written interpretations of such issues. While the information contained in these directives is the most up-to-date guidance available from EPA, no new policy information is contained in this appendix that is not represented in other EPA documents. If you feel you have specific circumstances or situations for which you need additional EPA guidance, contact your Regional EPCRA Section 313 coordinator or call the Emergency Planning and Community Right-to-Know Information Hotline at (800) 424-9346 or (703) 412-9810. 235 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers DIRECTIVE #1 - ARTICLE EXEMPTION Listed toxic chemicals contained in articles that are processed or otherwise used at a covered facility are exempt from threshold determinations and release and other waste management calculations. The exemption applies when the facility receives the article from another facility. The exemption only applies to the quantity of the toxic chemical present in the article. If the toxic chemical is manufactured, processed, or otherwise used at the covered facility other than as part of the article, in excess of an applicable threshold quantity, the facility is required to report for those non-exempted quantities (40 CFR Section 372.38(b)). For a toxic chemical in an item to be exempt as part of an article, the item must meet all of the following three criteria in the Section 313 article definition; that is, the item must be one: i) that is formed to a specific shape or design during manufacture; ii) that has end use functions dependent in whole or in part upon its shape or design; and iii) that does not release a toxic chemical under the normal circumstances of processing or otherwise use of the item at the facility. If, as a result of processing or otherwise use, an item retains its initial thickness or diameter, in whole or in part, it meets the first part of the definition. If the item's basic dimensional characteristics are totally altered during processing or otherwise use, the item does not meet the first part of the definition. An example of items that do not meet the definition would be items which are cold extruded, such as lead ingots which are formed into wire or rods. On the other hand, cutting a manufactured item into pieces which are recognizable as the article would not change the original dimensions as long as the diameter and the thickness of the item remained the same; the article exemption would continue to apply. Metal wire may be bent and sheet metal may be cut, punched, stamped, or pressed without losing their article status as long as the diameter of the wire or tubing or the thickness of the sheet are not totally changed. An important aspect of the article exemption is what constitutes a release of a toxic chemical. Any processing or otherwise use of an article that results in a release negates the exemption. Cutting, grinding, melting, or other processing of a manufactured item could result in a release of a toxic chemical during normal conditions of processing or otherwise use and, therefore, negate the exemption as an article. 236 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A However, if the processing or otherwise use of all like manufactured items at a facility results in a total release of 0.5 pounds or less of a toxic chemical in a reporting year, EPA will allow this release quantity to be rounded to zero and the manufactured items remain exempt as articles. Facilities should round off and report all estimates to the nearest whole number. The 0.5 pound limit does not apply to each individual article, but applies to the sum of all releases from processing or otherwise use of all like articles. If all the releases of like articles over a reporting year are completely captured and sent for recycling/reuse on-site or off-site, the items may remain exempt as articles. Any amount that is released and is not recycled/reused will count toward the 0.5 pound per year cut-off value. 237 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers DIRECTIVE #2 - DE MINIMIS EXEMPTION The de minimi s exemption allows covered facilities to disregard certain minimal concentrations of chemicals in mixtures or trade name products they process or otherwise use when making threshold determinations and release and other waste management calculations. The de minimis exemption does not apply to the manufacture of a toxic chemical except if that toxic chemical is manufactured as an impurity and remains in the product distributed in commerce, or if the toxic chemical is imported below the appropriate de minimis level. The de minimis exemption does not apply to a byproduct manufactured coincidentally as a result of manufacturing, processing, otherwise use, or any waste management activities. When determining whether the de minimis exemption applies to a listed toxic chemical, the owner/operator should consider only the concentration of the toxic chemical in mixtures and trade name products in process streams in which the toxic chemical is undergoing a reportable activity. If the toxic chemical in a process stream is manufactured as an impurity, imported, processed, or otherwise used and is below the appropriate de minimis concentration level, then the quantity of the toxic chemical in that process stream does not have to be applied to threshold determinations nor included in release or other waste management calculations. If a toxic chemical in a process stream is below the appropriate de minimis level, all releases and other waste management activities associated with the toxic chemical in that stream are exempt from EPCRA Section 313 reporting. It is possible to meet an activity (e.g.. processing) threshold for a toxic chemical on afacility-wide basis, but not be required to calculate releases or other waste management quantities associated with a particular process because that process involves only mixtures or trade name products containing the toxic chemical below the de minimis level. Once a toxic chemical concentration is above the appropriate de minimis level in the process stream, threshold determinations and release and other waste management calculations must be made, even if the chemical later falls below the de minimis level in the same process stream. Thus, all releases and other quantities managed as waste that occur after the de minimis level has been exceeded are subject to reporting. If a toxic chemical in a mixture or trade name product above de minimis is brought on-site, the de minimis exemption never applies. The 0.1 percent de minimis levels are dictated by determinations made by the National Toxicology Program (NTP), Annual Report on Carcinogens, the International Agency for Research and Cancer (IARC) 238 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A Monographs, or 29 CFR part 1910, subpart Z. Therefore, once a chemical's status under NTP, IARC, or 29 CFR part 1910, subpart Z indicates that the chemical is a carcinogen or potential carcinogen, the reportingfacility may disregard levels of the chemical below the 0.1 percent de minimis concentration provided that the other criteria for the de minimis exemption is met. De minimis levels for chemical categories apply to the total concentration of all chemicals in the category within a mixture, not the concentration of each individual category member within the mixture. All other listed toxic chemicals have a one percent (1.0 percent) de minimis level. 1. De Minimis Application to the Processing or Otherwise Use of a Mixture The de minimis exemption applies only to the processing or otherwise using, of a listed toxic chemical in a mixture. Threshold determinations and release and other waste management calculations begin at the point where the chemical exceeds de minimis. If a listed toxic chemical is present in a mixture at a concentration below the de minimis level, this quantity of the substance does not have to be included for threshold determination, release and other waste management reporting, or supplier notification requirements. The exemption will apply as long as the mixture containing de minimis amounts of a toxic chemical never goes above the de minimis limit. Also, see the two examples below in which a manufacturing activity would qualify for the de minimis exemption. Examples of Process and Otherwise Use Scenarios There are many cases in which the de minimis limit is crossed or recrossed within ^process or otherwise use scenario. The following examples are meant to illuminate these complex reporting scenarios. These applications are further described in the general section of the Toxic Chemical Release Inventory Reporting Forms and Instructions. A. Example of Increasing Process Concentration to Above De Minimis Levels A manufacturing^c/7/(y receives toluene which contains less than the de minimis concentration of chlorobenzene. Through distillation, the chlorobenzene content in process streams is increased over the de minimis concentration of 1 percent. From the point at which the chlorobenzene concentration exceeds 1 percent in process streams, the amount present must be factored into threshold determinations and release and other waste management calculations. The facility does not need to consider the amount of chlorobenzene in the raw material, i.e.. when below de minimis levels, when making threshold determinations. The facility does not have to report emissions of chlorobenzene from storage tanks or any other equipment where the chlorobenzene content is less than 1 percent. 239 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers B. Example of Fluctuating Process Concentration A manufacturer produces an ink product which contains toluene, a listed toxic chemical below the de minimis level. The process used causes the percentage of toluene in the mixture to fluctuate: it rises above the de minimis level for a time but drops below the level as the process winds down. The facility must consider the chemical toward threshold determinations from the point at which it first exceeds the de minimis limit. Once the de minimis limit has been crossed the exemption cannot be taken. C. Example of Concentration Levels that Straddle the De minimis Level A facility processes 9,500,000 Ibs. of mixtures containing 0.25-1.25 percent manganese. Manganese is subject to 1 percent de minimis concentration exemption. The amount of mixture subject to reporting is: 9,500,000 x (1.2 - 0.99)7(1.2 - 0.25) = 2,000,000 Ibs. non-exempt mixture The average concentration above de minimis is 1.1 percent. 2,900,000 x 0.011 manganese = 22,000 Ibs manganese (below threshold) In this example, because the facility's information pertaining to the toxic chemical is available to two digits past the decimal point, the facility used 0.99 to determine the amount of the toxic chemical below the de minimis level. If the facility has information pertaining to the chemical that is available only to one digit past the decimal point, the facility should use 0.9. 2. De Minimis Application in the Manufacture of the Listed Chemical in a Mixture The de minimis exemption generally does not apply to the manufacture of a toxic chemical. The de minimis exemption may apply to mixtures and trade name products containing toxic chemicals that are imported into the United States. Another exception applies to toxic chemicals that are coincidentally manufactured as impurities that remain in the product distributed in commerce at below the de minimis levels. In that case, the amount remaining in the product is exempt from threshold determinations. If the chemical is separated from the final product, thereby classifying the chemical as a byproduct, it cannot qualify for the exemption. Any amount that is separated, or is separate from the product, is considered a byproduct and is subject to threshold determinations and release and other waste management calculations. Any amount of a toxic chemical that is manufactured in a wastestream must be accounted for on the Form R. 240 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A A. Example of Coincidental Manufacture as a Product Impurity Toluene 2,4-diisocyanate reacts with water to form trace quantities of 2,4-diaminotoluene. The resulting product contains 99 percent toluene 2,4-diisocyanate and 0.05 percent 2,4-diaminotoluene. The 2,4-diaminotoluene would not be subject to Section 313 reporting nor would supplier notification be required because the concentration of 2,4-diaminotoluene is below its de minimis concentration of 0.1 percent in the product. Coincidental manufacture/production refers only to production of a chemical via a chemical reaction. It would not include separation of a byproduct from a purchased mixture during a processing operation. B. Example of Coincidental Manufacture as a Commercial Byproduct and Impurity Chloroform is a reaction byproduct in the production of carbon tetrachloride. It is removed by distillation to a concentration of less than 150 ppm (0.0150 percent) remaining in the carbon tetrachloride. The separated chloroform at 90 percent concentration is sold as a byproduct. Chloroform is subject to a 0.1 percent (1,000 ppm) de minimis level. Any amount of chloroform manufactured and separated as byproduct must be included in threshold determinations because the de minimis exemption does not apply to manufacture of a chemical byproduct. Releases of chloroform prior to and during purification of the carbon tetrachloride should be reported. The de minimis level can, however, be applied to the chloroform remaining in the carbon tetrachloride as an impurity. Because the concentration of chloroform remaining in the carbon tetrachloride is below the de minimis level, this quantity of chloroform is exempt from threshold determinations, release and other waste management reporting, and supplier notification. C. Example of Coincidental Manufacture as a Waste Byproduct A small amount of formaldehyde is manufactured as a reaction byproduct during the production of phthalic anhydride. The formaldehyde is separated from the phthalic anhydride as a waste gas and burned, leaving no formaldehyde in the phthalic anhydride. The amount of formaldehyde produced and removed as waste must be included in threshold determinations and release and other waste management calculations even if the formaldehyde is present below the de minimis level in the process stream where it was manufactured or in the wastestream which it was separated. The de minimis exemption also does not apply to situations where the manufactured chemical is released or transferred to wastestreams and thereby diluted to below the de minimis level. 241 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers 3. De Minimis Levels Impact Supplier Notification Requirements If the toxic chemical in a mixture or trade name product is present below the de minimis level for that toxic chemical., supplier notification is not required for that chemical. 242 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A DIRECTIVE #3 - MOTOR VEHICLE EXEMPTION The use of "products containing toxic chemicals for the purpose of maintaining motor vehicles operated by the facility" is exempt from threshold determinations and release and other waste management reporting under Section 313. This exemption includes toxic chemicals found in gasoline, diesel fuel, brake and transmission fluids, oils and lubricants, antifreeze, batteries, cleaning solutions, and solvents in paint used for touch up, as long as the products are used to maintain the vehicle operated by the facility. Motor vehicles include cars, trucks, some cranes, forklifts, locomotive engines, and aircraft. 1. Motor Vehicle Use Exemption Applies Only to Otherwise Use of Chemical The exemption applies only to the otherwise use of these chemicals, not their manufacturing or processing for distribution in commerce. For example, manufacturing gasoline is not exempt from reporting. Similarly, an automobile manufacturer who places transmission fluids in automobiles before shipping the automobiles would ^processing the listed toxic chemical because the fluid is being incorporated into an item that the facility distributes in commerce. Releases from the storage of fuel or motor vehicle maintenance products are exempt from reporting by virtue of the fact that their use is exempt. For example, releases of listed toxic chemicals in gasoline stored on-site for use by company owned vehicles are exempt from inclusion infacility-wide release and other waste management determinations for those chemicals. 2. Motor Vehicle Use Exemption Does Not Apply to Stationary Equipment The motor vehicle exemption does not apply to the use of lubricants for stationary process equipment such as pumps or compressors. Likewise, fuels used for furnaces, boilers, heaters, or any stationary source of energy are not exempt. 243 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers DIRECTIVE #4 - COMPOUNDS AND MIXTURES 1. Definition of Compounds A "compound" is a distinct chemical that results from the reaction of two or more other chemicals. In the formation of a compound, the reactant chemicals lose their individual chemical identities. Polymers formed as nonreversible reaction products are an example of compounds. 2. Definition of Mixtures A mixture is any combination of two or more distinct chemicals if the combination is not the result of a chemical reaction. In a mixture, the individual components retain their identities. Mixtures include any combination of a chemical and associated impurities. Alloys are mixtures because the individual metals in the alloy retain their chemical identities. Wastes are not mixtures. 3. Mixtures Must be Considered for Section 313 Reporting Threshold determinations and release and other waste management calculations for Section 313 reporting must include the amount of the listed toxic chemical present above the de minimis level in all mixtures processed or otherwise used by the facility. If a listed toxic chemical is present in a mixture at or above the de minimis level, only the amount of the toxic chemical, and not the mixture itself, is used for threshold determinations and release and other waste management calculations. 4. Supplier Notification and Concentration Ranges Provide Information for Reporting The supplier notification requirements under 40 CFR Section 372.45 are designed to provide chemical users with information on the identity and concentrations of listed toxic chemicals present in the mixtures that they use. There can still be situations, however, when & facility may not have this information for a mixture. If the facility knows that a mixture contains a toxic chemical but no concentration information is provided by the supplier, then the facility does not have to consider the amount of the toxic chemical present in that mixture for purposes of threshold determinations and release and other waste management calculations. If only a range of concentrations is available for a toxic chemical present in a mixture, the owner/operator should use the midpoint of the "minimum" and "maximum" percentages in order to determine the amount to apply toward thresholds. If & facility owner/operator only knows the lower bound concentration of a toxic chemical present in a mixture, the owner/operator should assume the upper bound concentration is 244 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A 100 percent, and compute an average based on these lower and upper bound concentration estimates to determine whether thresholds have been exceeded. If there are other known components present in the mixture, the facility owner/operator should subtract out the percentage of these components to determine what a reasonable "maximum" percentage of the toxic chemical could be. 245 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers DIRECTIVE #5 - TOXIC CHEMICAL CATEGORIES 1. All Compounds in a Listed Chemical Category are Aggregated for Threshold Determinations Toxic chemical categories listed under EPCRA Section 313 require a different approach when making threshold determinations and release and other waste management calculations. For a chemical that is included in a listed metal compound category, the total weight of that chemical compound, not just the parent metal, is used in making threshold determinations. A facility will need to calculate the total weight of all compounds that are in the category, sum the amounts involved throughout the facility in each threshold activity, and compare the totals to the applicable thresholds. A compound in a listed chemical category that is present in a mixture below the de minimis concentration, based on the total weight of the compound, is exempt from threshold calculations under Section 1. Again, all individual members of a compound category must be totaled to determine if that compound category has exceeded the de minimis concentration in a mixture. 2. Make Threshold Determinations for Listed Toxic Chemicals Separately from the Listed Chemical Category The Section 313 list contains some listed substances that are also members of a listed chemical category. Threshold determinations for a specifically listed toxic chemical are calculated separately from the threshold determinations for the chemical category. For example, 2-Methoxyethanol, which is specifically listed on the Section 313 list, is also a member of the glycol ether compound category. Because the chemical is specifically listed, a facility must make a threshold determination for 2-Methoxyethanol and a separate threshold determination for all other glycol ethers meeting the criteria for that chemical category that are not specifically listed under Section 313. 3. Calculate Releases and Other Waste Management Based on Parent Metal for Metal Compound Categories Once a reporting threshold is met for a metal compound, releases and other waste management of compounds are calculated based on the pounds of the parent metal released or otherwise managed as waste rather than the total weight of the compound. EPA adopted this approach because of the difficulty in calculating releases of potentially numerous compounds within a metal compound category, recognizing that methods and data for monitoring the parent metal often exist while those for the compound(s) rarely will. 246 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A 4. Optional Form R Submission for Parent Metal and Associated Metal Compound Category If both the parent metal and associated metal compound category exceed their respective thresholds, one Form R, covering all releases and other waste management of the parent metal from activities involving both the chemical and the chemical category, may be filed. For example, ifa facility processes 30,000 pounds of lead and otherwise uses 13,000 pounds of lead oxide, the facility could submit one Form R for lead and lead compounds. On this Form R, the facility would report all activities involving lead and lead compounds and all releases and other waste management of the parent metal lead. This option, preferred by EPA, is available to facilities, although separate reports may be filed if desired. 5. Calculate Releases and Other Waste Management Based on Nitrate Ion for Nitrate Compounds Once a reporting threshold is met for the water dissociable nitrate compound category, releases and other waste management estimates are calculated based on the pounds of the nitrate ion in aqueous solution rather than the total weight of the compound. EPA adopted this approach because most monitoring data available only measure the dissociated nitrate ion released and not the amount of the total nitrate compounds from which the nitrate ion dissociated. Reporting the amount of total water dissociable nitrate compound in wastes would be complicated when more than one substance contributes to the nitrate ion content of the waste and when the nitrate compound is converted to a different substance due to waste treatment or other processes. 247 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers DIRECTIVE #6 - PCBs THRESHOLD DETERMINATION AND RELEASE AND OTHER WASTE MANAGEMENT REPORTING Polychlorinated biphenyls (PCBs) are a listed chemical under Section 313. 1. PCBs in Articles are Exempt EPA has stated that transformers are articles (and thus exempt from threshold determinations), but that the release or removal of fluid from the transformer negates the article status. The article status of only those transformers that have fluids removed (e.g.. servicing or retrofilling), or have fluids escape are affected. However, the PCBs are still not considered if no new PCB- containing fluid is added, since the threshold determination is based on fluid added, not lost. EPA has stated that disposal or removal of articles does not constitute a release. Therefore, disposal on-site, or off-site transfer of the whole transformer with fluid content undisturbed, does not negate the article status. The transformer is not included in threshold determinations and does not have to be reported as a release or an off-site transfer of PCBs for purposes of Section 313 reporting. When calculating the threshold for otherwise use, & facility must consider only the amount of PCBs added to transformers during the reporting year (e.g.. "topping off a transformer), not the amount of working fluid contained in the transformer. 2. Coincidental Manufacture of PCBs is Subject to EPCRA Section 313 Facilities involved in coincidental manufacture of PCBs and further processing of mixtures containing PCBs (in excess of the 0.1 percent de minimi s level) must count the amount manufactured or processed toward these thresholds. 3. Treatment or Disposal of PCBs May Require EPCRA Section 313 Reporting Facilities in the SIC codes 20 through 39, as well as the newly covered SIC codes, may be subject to Section 313 reporting if they treat or dispose of PCBs. Effective January 1, 1998, the interpretation of activities considered otherwise used includes treatment for destruction, disposal, and waste stabilization when the covered facility engaged in these activities receives materials containing any chemical (not limited to EPCRA Section 313 listed toxic chemicals) from off-site (regardless of whether the generating and receiving facilities have common ownership) for purposes of further waste management. 248 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A Processing represents a potentially covered activity. However, facilities are not likely to be incorporating PCBs into items distributed in commerce or to be using PCBs as starting or intermediate material for the production of other chemical substances that are distributed in commerce, or used on site. 249 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers DIRECTIVE #7 - DEFINITION OF OTHERWISE USE (Effective Reporting Year 1998) On May 1, 1997, EPA published a final rule to expand the universe of industry groups subject to EPCRA Section 313 and PPA Section 6607 (62 FR 23834; May 1, 1997). In this rule, which became effective January 1, 1998 (for the 1998 reporting year, Form R reports due by July 1, 1999), EPA finalized a revised interpretation of the term otherwise use. 1. Current Interpretation of Otherwise Use Until January 1, 1998, the definition of otherwise use means "any use of a toxic chemical that is not covered by the terms manufacture or process and includes use of a toxic chemical contained in a mixture or trade name product. Relabeling or redistributing a container of a toxic chemical where no repackaging occurs does not constitute otherwise use or processing of the toxic chemical." EPA has generally interpreted this term to include toxic chemicals that are not intentionally incorporated into a product distributed in commerce. This would include any activity involving a listed toxic chemical at & facility that does not fall under the definitions of manufacture or process. Some examples of toxic chemicals otherwise used include solvents, catalysts, coolants, lubricants and fuels. Historically, EPA has instructed facilities that the disposal of a toxic chemical, in and of itself, does not constitute manufacture, process, or otherwise use. 2. Revised Interpretation of Otherwise Use In the May 1, 1997 final rule, EPA modified its definition of activities considered otherwise used as it applies to EPCRA Section 313 activity thresholds to include on-site treatment for destruction, disposal, and stabilization when the covered facility engaged in these activities receives materials containing any chemical (not limited to EPCRA Section 313 listed toxic chemicals) from off-site (regardless of whether the generating and receiving facilities have common ownership) for the purposes of further waste management activities. Specifically, EPA has defined the term otherwise use to include "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 a toxic chemical does not include disposal, stabilization (without subsequent distribution in commerce), or treatment for destruction, unless: (1) The toxic chemical that was disposed, stabilized, or treated for destruction was received from off-site for the purposes of further waste management; or 250 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A (2) The toxic chemical that was disposed, stabilized, or treated for destruction was manufactured as a result of waste management activities on materials received from off-site for the purposes of further waste management activities. Relabeling or redistributing of the toxic chemical where no repackaging occurs does not constitute otherwise use or processing of the toxic chemical. 3. Examples of the Revised Interpretation of Otherwise Use The following are examples of the revised interpretation of otherwise use as finalized in the May 1, 1997, final rule. These examples assume that the facility meets the EPCRA Section 313 employee and SIC code criteria. Example 1: A facility receives a material containing 22,000 pounds of chemical A. Chemical A is an EPCRA Section 313 listed toxic chemical. The facility treats chemical A for destruction. Included among the various activities covered by EPA's revised interpretation of otherwise use is the treatment for destruction of a toxic chemical received by the facility from off-site. Because the facility received and treated chemical A for destruction, the treated amount of chemical A would be included in the calculation of the amount of chemical A otherwise used at the facility. In this case, 22,000 pounds of chemical A would be considered otherwise used. Thus, because the facility otherwise used chemical A above the 10,000 pound statutory threshold for otherwise use, the facility would be required to report all releases and other waste management activities involving chemical A. Example 1 A: A facility receives a material containing 22,000 pounds of chemical A, and chemical A is an EPCRA Section 313 listed toxic chemical. The facility stabilizes chemical A. Stabilization is included among the various activities covered by EPA's revised interpretation of otherwise use of a toxic chemical received by the facility from off-site. Because the facility received and stabilized chemical A, the amount of stabilized chemical A would be included in the calculation of the amount of chemical otherwise used at the facility. In this case, 22,000 pounds of chemical A would be considered otherwise used. Thus, because the facility otherwise used chemical A above the 10,000 pound statutory threshold for otherwise use, the facility would be required to report all releases and other waste management activities involving chemical A. Example IB: A facility receives a material containing 18,000 pounds of chemical A, and chemical A is an EPCRA Section 313 listed toxic chemical. The facility stabilizes 9,000 pounds of chemical A and disposes of the other 9,000 pounds of chemical A. Included among the various activities covered by EPA's revised interpretation of otherwise use are stabilization and disposal of a toxic chemical received by & facility from off-site. Because the 251 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers facility received the 18,000 pounds of chemical A from off-site, the amount of chemical A that is subsequently stabilized or disposed is considered otherwise used, and would be included in the calculation of the amount of chemical A otherwise used at the facility for the purpose of threshold determination. The facility would need to add the amount of chemical A that is involved in all otherwise use activities to determine whether the otherwise use threshold of 10,000 has been exceeded. In this case, 18,000 pounds of chemical A would be considered otherwise used. Thus, because the facility otherwise used chemical A above the 10,000 pound statutory threshold for otherwise use, the facility would be required to report all releases and other waste management activities involving chemical A. Example 2: Assume now that the same facility, in treating chemical A for destruction, manufactures 11,000 pounds of chemical B. Chemical B is also an EPCRA Section 313 listed toxic chemical. This manufacture of chemical B is below the manufacture reporting threshold. However, the facility disposes of chemical B on-site. Included among the various activities covered by EPA's revised interpretation of otherwise use is the disposal of a toxic chemical that is produced from the management of a waste that is received by the facility from off-site. In this example, because the facility received an off-site material containing a chemical that is treated for destruction (i.e.. chemical A), and during that treatment produced and subsequently disposed of chemical B, the disposal of chemical B under EPA's revised interpretation would be considered otherwise used. Because the facility disposed of, or otherwise used, 11,000 pounds of chemical B, the 10,000 pound statutory threshold for otherwise use is met. Thus, the facility would need to report all releases and other waste management activities involving chemical B. Example 2A: Now assume that the situation in Example 2 is the same (and the facility is still below the manufacturing threshold for chemical B,) except the facility does not dispose of chemical B on-site, but incorporates the entire 11,000 pounds of chemical B into a product that is sold to another facility. The facility neither treats for destruction, stabilizes, nor disposes of chemical B and, therefore, does not otherwise use chemical B. However, in this example, chemical B is also considered processed. Therefore, the 11,000 pounds of chemical B are counted towards the 25,000 pound process threshold for that chemical at the facility. Example 2B: As in the above two examples, 11,000 pounds of chemical B are manufactured from the treatment of chemical A (and chemical A was received from an off-site facility). The facility is still below the manufacturing threshold for chemical B. However, the facility disposes of 6,000 pounds of chemical B and uses 5,000 pounds of chemical B in a nonincorporative manufacturing activity at the facility. Both of these 252 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A activities are considered to be otherwise use activities. The disposal of chemical B is included among the various activities covered by EPA's revised interpretation of otherwise use described in the proposal to expand the types of facilities covered under EPCRA Section 313. Any non-incorporative use of a toxic chemical at a covered facility that is not otherwise exempt is an otherwise use activity under the current interpretation. The facility would add the amounts of chemical B involved in both otherwise use activities at the facility to determine whether it exceeds the 10,000 otherwise use threshold. Since the total amount of chemical B that is otherwise used is 11,000 pounds, the facility would need to report all releases and waste management activity involving chemical B. Example 3: A facility produces on-site a material containing 22,000 pounds of chemical C. Chemical C is not an EPCRA Section 313 listed toxic chemical. Also, chemical C was not manufactured as a result of managing a waste received from off-site. The facility treats chemical C for destruction and during treatment, manufactures 11,000 pounds of chemical D. Chemical D is an EPCRA Section 313 listed toxic chemical. The facility subsequently disposes of chemical D. In this example, although the facility disposes of chemical D, the 11,000 pounds of chemical D is not considered otherwise used under EPA's revised definition because the material from which chemical D was produced (i.e.. the material containing the 22,000 pounds of chemical C) was not received by the facility from off-site. Thus, in disposing of chemical D, the facility does not exceed the 10,000 pound statutory threshold for otherwise use. The facility, however, must count the amount of chemical D manufactured toward the manufacturing threshold. Example 3 A: Assume instead that chemical C (which is not an EPCRA Section 313 listed toxic chemical) was received from off-site or was created in waste management activities conducted on materials received from off-site. In this situation, the disposal of chemical D would be considered an otherwise use activity involving chemical D. Therefore, the disposal of the 11,000 pounds of chemical D would exceed the 10,000 pound statutory threshold for otherwise use, and the facility would need to report all releases and waste management activities involving chemical D. Example 3B: Chemical D is an EPCRA Section 313 chemical that is manufactured from chemical C during a waste management activity at the facility. (Chemical C is produced on-site and is not an EPCRA Section 313 listed toxic chemical.) In this example, the facility uses the entire 11,000 pounds of chemical D to neutralize a wastestream at the facility. Under the current definition of otherwise use, chemical D is considered otherwise used. Therefore, the facility exceeds the otherwise use threshold and the facility would report all releases and waste management activity involving chemical D. 253 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers Example 4: A facility receives 24,000 pounds of chemical E, which is not an EPCRA Section 313 toxic chemical. Chemical E undergoes & processing activity at the facility. This activity is not a waste management activity. During the processing of chemical E, 11,000 pounds of chemical F is manufactured as a byproduct. Chemical F is an EPCRA Section 313 listed toxic chemical. The 11,000 pounds of chemical F is then disposed. According to the current and the revised interpretation of the otherwise use definition, the facility has not otherwise used chemical F. Since chemical E was not received by the facility for the purpose of waste management, the subsequent disposal of chemical F is not an otherwise use activity under the revised interpretation of otherwise use. Under the current interpretation of otherwise use, the activity of disposal under these circumstances does not constitute a reportable activity for the purposes of threshold determinations. The facility, however, would have to count the amount of chemical F manufactured toward the manufacturing threshold. Example 5: A facility processes 24,000 pounds of chemical E, an EPCRA Section 313 toxic chemical. This activity is not a waste management activity. During the processing of chemical E, 11,000 pounds of chemical E exits the process in the facility's waste. Because chemical E has a high BTU/lb value, the facility combusts the wastestream containing chemical E in an energy recovery unit on-site. Under EPA's current and revised guidance on otherwise use, an EPCRA Section 313 toxic chemical that is a constituent of waste-derived fuel combusted in an energy recovery device is otherwise used by the facility, regardless of the origin of the waste-derived fuel. Therefore, when combusted for energy recovery on-site, chemical E, a constituent of the waste derived fuel, is considered otherwise used under the current definition of otherwise use. Because the facility combusts 11,000 pounds of the toxic chemical, the facility has exceeded the otherwise use activity threshold. 254 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A DIRECTIVE #8 - AMMONIA AND AMMONIUM SALTS Background On June 30, 1995, EPA finalized four actions in response to a petition to delete ammonium sulfate (solution) from the list of toxic chemicals subject to reporting under EPCRA Section 313, 42 U.S.C. 11001: (1) deleting ammonium sulfate (solution) from the EPCRA Section 313 list of toxic chemicals; (2) requiring that threshold determinations and release and other waste management estimates for aqueous ammonia be based on 10 percent of the total aqueous ammonia present in aqueous solutions of ammonia; (3) modifying the ammonia listing by adding the following qualifier: ammonia (includes anhydrous ammonia and aqueous ammonia from water dissociable ammonium salts and other sources; 10 percent of total aqueous ammonia is reportable under this listing); and (4) deleting ammonium nitrate (solution) as a separately listed chemical on the EPCRA Section 313 list of toxic chemicals. All actions were effective for the 1994 reporting year for reports due July 1, 1995 and for subsequent years, with the exception of the deletion of ammonium nitrate (solution) as a separately listed chemical, which was effective for the 1995 reporting year for reports due July 1, 1996 and for subsequent years. The ammonia listing is subject to the one percent de minimis concentration. Thus, mixtures and trade name products containing aqueous ammonia at a concentration in excess of one percent should be factored into threshold determinations and release and other waste management estimates. EPA has developed a guidance document for reporting aqueous ammonia under the ammonia listing which provides detailed information and examples including a list of some water dissociable ammonium salts. Guidance for Reporting Aqueous Ammonia Anhydrous ammonia is ammonia that is not dissolved in water and aqueous ammonia is ammonia that is dissolved in water. Aqueous solutions of ammonia contain both un-ionized ammonia (NH3) and ionized ammonia (NH4+). Total aqueous ammonia is the sum of these two forms of ammonia. For the purposes of reporting under the ammonia listing for aqueous ammonia, water dissociable ammonium salts means that the ammonium ion dissociates from its counter ion when in solution. 1. Determining Threshold and Release Quantities for Ammonia If a covered facility manufactures., processes, or otherwise uses anhydrous ammonia, the quantity applied towards threshold determinations for the ammonia listing is the total quantity of the anhydrous ammonia manufactured, processed, or otherwise used. The quantity reported when 255 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers calculating the amount of ammonia that is released or otherwise managed as waste is the total quantity of anhydrous ammonia released or managed as waste. If & facility manufactures, processes, or otherwise uses aqueous ammonia, the quantity applied toward threshold determinations for the ammonia listing is 10 percent of the total quantity of the aqueous ammonia manufactured, processed, or otherwise used. The quantity reported when calculating the amount of ammonia that is released, transferred, or otherwise managed as waste is 10 percent of the total quantity of aqueous ammonia released or managed as waste. If the facility manufactures, processes, or otherwise uses anhydrous ammonia in quantities that exceed the appropriate threshold and subsequently dissolves some or all of the anhydrous ammonia in water (i.e.. generating aqueous ammonia), then the following applies: (1) threshold determinations are based on 100 percent of the anhydrous; (2) release and other waste management quantities for the aqueous ammonia are calculated as 10 percent of total aqueous ammonia; and (3) release and other waste management quantities for the anhydrous ammonia are calculated as 100 percent of the anhydrous ammonia. If a facility dissolves a water dissociable ammonium salt in water, that facility has manufactured aqueous ammonia and 10 percent of the total aqueous ammonia manufactured from these salts is to be included in manufacture threshold determinations under the ammonia listing. If aqueous ammonia from water dissociable ammonium salts is processed or otherwise used, then 10 percent of the total aqueous ammonia is to be included in all processing and otherwise use threshold determinations under the ammonia listing. If anhydrous ammonia evaporates from an aqueous ammonia solution that has been manufactured, processed, or otherwise used, then 100 percent of the anhydrous ammonia that evaporates from such solutions must be included in threshold determinations and release and other waste management calculations. Since total aqueous ammonia is the sum of the two forms of ammonia (NH3 and NH4+) present in aqueous solutions, a precise calculation of the weight of total aqueous ammonia would require determining the ratio of the two forms of ammonia present using the pH and temperature of the solution. The weight of total aqueous ammonia can be more easily calculated by assuming that aqueous ammonia is comprised entirely of the NH4+ form or the NH3 form. For the purpose of determining threshold and release and other waste 256 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A management quantities under EPCRA Section 313, EPA recommends that total aqueous ammonia be calculated in terms of NH3 equivalents (i.e.. for determining weights, assume total ammonia is comprised entirely of the NH3 form). This method is simpler than using pH and temperature data to determine the ratio of the two forms present, and is consistent with the presentation of total ammonia toxicity in a separate EPA document, Ambient Water Quality Criteria for Ammonia (EPA document #440/5-85-001, January 1985). 2. Chemical Sources of Aqueous Ammonia Aqueous ammonia may be generated in solution from a variety of sources that include the release of anhydrous ammonia to water and the dissociation of ammonium salts in water. Water dissociable ammonium salts are not reportable in their entirety under the ammonia listing; these salts are reportable to the extent that they dissociate in water, and only 10 percent of the total aqueous ammonia that results when these salts dissociate is reportable. If these salts are not placed in water, they are not reportable. If ammonium salts are purchased neat (dry), or as solids by a facility, then placed in water by thatfacility, the facility is manufacturing aqueous ammonia. If the source of aqueous ammonia is anhydrous ammonia that has been dissolved in water, total aqueous ammonia (calculated in terms of NH3 equivalents) is equal to the quantity of anhydrous ammonia manufactured, processed, or otherwise used. 3. Reporting Aqueous Ammonia Generated from the Dissociation of Ammonium Salts (Other Than Ammonium Nitrate) If the source of aqueous ammonia is the dissociation of ammonium salts in water, total aqueous ammonia (calculated in terms of NH3 equivalents) is calculated from the weight percent (wt percent) of the NH3 equivalents of the ammonium salt. The NH3 equivalent wt percent of an ammonium salt is calculated using the following equation: NH3 equivalent wt percent = (NH3 equivalent weight)/(MW ammonium salt) x 100. If the source of aqueous ammonia is a monovalent compound (such as ammonium chloride, NH4C1, ammonium nitrate, NH4NO3, or ammonium bicarbonate, NH4HCO3), the NH3 equivalent weight is equal to the MW of NH3 (17.03 kg/kmol). If divalent compounds are involved (such as ammonium carbonate ((NH4)2CO3)), then the NH3 equivalent weight is equal to the MW of NH3 multiplied by two. Similarly, if trivalent compounds are 257 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers involved, then the NH3 equivalent weight is equal to the MW of NH3 multiplied by three. 4. Reporting Aqueous Ammonia Generated from the Dissociation of Ammonium Nitrate Some sources of aqueous ammonia may be reportable under other EPCRA Section 313 category listings. Ammonium nitrate (solution) is relevant to reporting under the ammonia listing to the extent that 10 percent of the total aqueous ammonia that results when ammonium nitrate dissociates is reported when determining thresholds and calculating releases and other waste management activities. However, under the nitrate compounds category listing, ammonium nitrate (and other mixed salts containing ammonium and nitrate) must be reported in its entirety. When reporting ammonium nitrate under this category listing, the total nitrate compound, including both the nitrate ion portion and the ammonium counter ion, is included when determining threshold quantities. However, only the nitrate ion portion is included when determining the amount of ammonium nitrate that is released., transferred, or otherwise managed in wastes. The calculations involved in determining threshold and release and other waste management quantities for reporting under the nitrate compounds category listing are described in a separate directive, List of Toxic Chemicals within the Water Dissociable Nitrate Compounds Category and Guidance for Reporting (EPA document #745-R-96-004, Revised May 1996). 258 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A DIRECTIVE #9 - SUPPLIER NOTIFICATION REQUIREMENTS Because manufacturers reporting under Section 313 must be aware of the toxic chemical composition of the products they use to be able to calculate releases and other waste management accurately, EPA requires some suppliers of mixtures or trade name products containing one or more of the listed Section 313 toxic chemicals to notify their customers. This requirement has been in effect since January 1, 1989. 1. Who Must Provide Notification You are covered by supplier notification requirements if you own or operate a facility which meets all of the following criteria: • Your facility is in Standard Industrial Classification (SIC) codes 20-39; • You manufacture (import) or process a listed toxic chemical; and • You sell or otherwise distribute a mixture or trade name product containing the toxic chemical to either: - P± facility in a covered SIC code; or - PL facility that then may sell the same mixture or trade name product to & facility in a covered SIC code. You may be covered by the supplier notification rules even if you are not covered by the Section 313 release reporting requirements. The EPCRA Section 313 release reporting requirements are triggered if a facility is in a covered SIC code, has ten or more full-time employees, and exceeds a chemical activity threshold. However, if you have fewer than 10 full-time employees or do not manufacture or process any of the toxic chemicals in sufficient quantities to trigger the release and other waste management reporting requirements, you may still be required to notify your customers. Note that beginning with the 1998 reporting year, seven new industries will be covered by most of the TRI reporting requirements. These new industries will not be required to comply with most of the supplier notification requirements. Industries whose primary SIC code is not within 20 through 39 are not required to initiate the distribution of notifications for toxic chemicals in mixtures or trade name products that they send to their customers. However, if these facilities receive notifications from their suppliers about toxic chemicals in mixtures or trade name products, they should forward the notifications with the toxic chemicals they send to other covered users. 259 ------- APPENDIX A 998 EPCRA Section 313 Questions and Answers 2. Who Must Be Notified For each mixture or trade name product that contains a listed toxic chemical, you must notify all customers in a covered SIC code or distributors who in turn may sell that product to facilities in a covered SIC code. Unless you know otherwise, you should assume that the chain of distribution includes facilities in a covered SIC code. An example would be if you sold a lacquer containing toluene to distributors who then sell the product to other manufacturers. The distributors are not in a covered SIC code, but because they may sell the product to companies in covered SIC codes, they must be notified so that they may pass the notice along to their customers. The language of the supplier notification requirements covers mixtures or trade name products that are sold or otherwise distributed. The "otherwise distributes" language applies to intra-company transfers. However, if the company has developed an internal communications procedure that alerts their other facilities to the presence and content of covered toxic chemicals in their products, then EPA would accept this. 3. Supplier Notification Must Include the Following Information: • A statement that the mixture or trade name product contains a toxic chemical or chemicals subject to the reporting requirements of EPCRA Section 313 (40 CFR Section 372); • The name of each toxic chemical and the associated Chemical Abstracts Service (CAS) registry number of each chemical if applicable. (CAS numbers are not used for chemical categories, since they can represent several individual toxic chemicals) • The percentage, by weight, of each toxic chemical (or all toxic chemicals within a listed category) contained in the mixture or trade name product. For example, if a mixture contains a chemical (i.e.. 12 percent zinc oxide) that is a member of a reportable toxic chemical category (i.e.. zinc compounds), the notification must indicate that the mixture contains a zinc compound at 12 percent by weight. Supplying only the weight percent of the parent metal (zinc) does not fulfill the requirement. The customer must be told the weight percent of the entire compound within a listed toxic chemical category present in the mixture. 260 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A 4. How the Notification Must Be Made The required notification must be provided at least annually in writing. Acceptable forms of notice include letters, product labeling, and product literature distributed to customers. If you are required to prepare and distribute a Material Safety Data Sheet (MSDS) for the mixture under the Occupational Safety and Health Act (OSHA) Hazard Communication Standard, your supplier notification must be attached to the MSDS or the MSDS must be modified to include the required information. You must make it clear to your customers that any copies or redistribution of the MSDS or other form of notification must include the supplier notification notice. In other words, your customers should understand that they are to include the supplier notification if they give your MSDS to their customers. 5. When Notification Must Be Provided In general, you must notify each customer receiving a mixture or trade name product containing a listed toxic chemical with the first shipment of each reporting year. You may send the notice with subsequent shipments as well, but it is required that you send it with the first shipment each year. Once customers have been provided with an MSDS containing the Section 313 information, you may refer to the MSDS by a written letter in subsequent years (as long as the MSDS is current). If EPA adds toxic chemicals to the Section 313 list, and your products contain the newly listed toxic chemicals, notify your customers with the first shipment made during the next reporting year following EPA's final decision to add the chemical to the list. For example, if EPA adds chemical ABC to the list in September 1997, supplier notification for chemical ABC would begin with the first shipment in 1998. You must send a new or revised notice to your customers if you: • Change a mixture or trade name product by adding, removing, or changing the percentage by weight of a listed toxic chemical. Discover that your previous notification did not properly identify the toxic chemicals in the mixture or correctly indicate the percentage by weight. If you discover that the prior notification was inaccurate, you must: Supply a new or revised notification within 30 days of a change in the product or the discovery of misidentified toxic chemical(s) in the mixture or incorrect percentages by weight; and 261 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers • Identify in the notification the prior shipments of the mixture or product in that reporting year to which the new notification applies (e.g.. if the revised notification is made on August 12, indicate which shipments were affected during the period January 1 - August 12). 6. When Notifications Are Not Required Supplier notification is not required for a pure toxic chemical unless a trade name is used. The identity of the toxic chemical will be known based on label information. Also, you are not required to make a negative declaration. That is, you are not required to indicate that a product contains no Section 313 toxic chemicals. Supplier notification is also not required if: • Your mixture or trade name product contains the toxic chemical in percentages by weight of less than the following levels (these are known as de minimis levels): - 0.1 percent if the toxic chemical is defined as an "OSHA carcinogen" - 1 percent for all other toxic chemicals. De minimis levels for each toxic chemical and chemical category are listed in the Toxic Chemical Release Inventory Reporting Forms and Instructions. • Your mixture or trade name product is one of the following: - An article that does not release a listed toxic chemical under normal conditions of processing or otherwise use (see 40 CFR Section 372.3). - Foods, drugs, cosmetics, alcoholic beverages, tobacco, or tobacco products packaged for distribution to the general public. - Any consumer product, as the term is defined in the Consumer Product Safety Act, packaged for distribution to the general public. For example, if you mix or package one-gallon cans of paint designed for use by the general public, notification is not required. • You are sending a waste off-site for further waste management. The supplier notification requirements only apply to mixture and trade name products. They do not apply to wastes. 262 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A • You are initiating distribution of a mixture or trade name product containing one or more toxic chemicals and your facility is in any of the newly covered SIC codes including facilities whose SIC code is within SIC major group codes 10 (except 1011, 1081, and 1094), 12 (except 1241); industry codes 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce); or 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. Section 6921 et seq.) or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis). 7. Trade Secrets Chemical suppliers may consider the chemical name or the specific concentration of a Section 313 toxic chemical in a mixture or trade name product to be a trade secret. If you consider the: • Specific identity of a toxic chemical to be a trade secret, the notice must contain a generic chemical name that is descriptive of the structure of that toxic chemical. For example, decabromodiphenyl oxide could be described as a halogenated aromatic. • Specific percentage by weight of a toxic chemical in the mixture or trade name product to be a trade secret, your notice must contain a statement that the toxic chemical is present at a concentration that does not exceed a specified upper bound. For example, if a mixture contains 12 percent toluene and you consider the percentage a trade secret, the notification may state that the mixture contains toluene at no more than 15 percent by weight. The upper bound value chosen must be no larger than necessary to adequately protect the trade secret. If you claim this information to be trade secret, you must have documentation that provides the basis for your claim (40 CFR Section 350.5). 8. Recordkeeping Requirements The following records are required to be kept for three years: • Notifications sent to recipients of your mixture or trade name product; All supporting materials used to develop the notice; • If claiming a specific toxic chemical identity a trade secret, why the toxic chemical identity is considered a trade secret and the appropriateness of the generic chemical name provided in the notification (40 CFR Section 350.5); and 263 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers • If claiming a specific concentration a trade secret, explanations of why a specific concentration is considered a trade secret and the basis for the upper bound concentration limit (40 CFR Section 350.5). This information must be readily available for inspection by EPA. 264 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX A Sample Notification Letter January 2, 1998 Mr. Edward Burke Furniture Company of North Carolina 1000 Main Street Anytown, North Carolina 99999 Dear Mr. Burke: This letter is to inform you that a product that we sell to you, Furniture Lacquer KXZ-1390, contains one or more chemicals subject to Section 313 of the Emergency Planning and Community Right to Know Act (EPCRA). We are required to notify you of the presence of these chemicals in the product under EPCRA Section 313. This law requires certain manufacturers to report on annual emissions and other waste management of specified toxic chemicals and chemical categories. Our product contains: Toluene, Chemical Abstract Service (CAS) number 108-88-3, 20 percent; and • Zinc compounds, 15 percent. If you are unsure whether you are subject to the reporting requirements of EPCRA Section 313, or need more information, call EPA's EPCRA Hotline at (800) 424-9346 or (703) 412-9810. Your other suppliers should also be notifying you about EPCRA Section 313 toxic chemicals in the mixtures and trade name products they sell to you. Finally, please note that if you repackage or otherwise redistribute this product to industrial customers, a notice similar to this one must be sent to those customers. Emma Sinclair Sales Manager Furniture Products 265 ------- APPENDIX A 1998 EPCRA Section 313 Questions and Answers This page intentionally left blank. 266 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX B APPENDIX B. GLOSSARY AP-42 - is the EPA document, Compilation of Air Pollutant Emission Factors, which contains information on over 200 stationary source categories. This information includes brief descriptions of processes used, potential sources of air emissions from the processes, and in many cases, common methods used to control these air emissions. Methodology for estimating the quantity of air pollutant emissions are presented as Emission Factors. This document can be obtained by calling the Government Printing Office (GPO) at (202) 512-1800, or by visiting the EPA's Technology Transfer web site, http://www.epa.gov/ttn/chief Article - the term in 40 CFR Section 372.3, is defined as a manufactured item: (1) which is formed to a specific shape or design during manufacture; (2) which has end use functions dependent in whole or in part upon shape or design; and (3) which does not release a toxic chemical under normal conditions of processing or use of that item at the facility or establishments. Beneficiation - the preparation of ores to regulate the size (including crushing and grinding) of the product, to remove unwanted constituents, or to improve the quality, purity, or grade of a desired product (40 CFR Section 372.3). Boiler - an enclosed device using controlled flame combustion and having the following characteristics: (l)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and (ii) The unit's combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and (iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and (iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be 267 ------- APPENDIX B 1998 EPCRA Section 313 Questions and Answers given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or (2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in 40 CFR Section 260.32 of this chapter (40 CFR Section 372.3). Coal Extraction - the physical removal or exposure of ore, coal, minerals, waste rock, or overburden prior to beneficiation, and encompasses all extraction-related activities prior to beneficiation. Extraction does not include beneficiation (including coal preparation), mineral processing, in situ leaching or any further activities (40 CFR Section 372.3). Covered Facility - ^facility, as defined in 40 CFR Section 372.3, that has 10 or more full-time employees, is in a covered SIC code (see below), and meets the activity threshold for manufacturing, processing, or otherwise using a listed toxic chemical (see below). Covered SIC Code - prior to January 1, 1998, means SIC codes 20 through 39 (manufacturing facilities). Beginning January 1, 1998, a covered SIC code means SIC codes in major group codes 10 (except 1011, 1081, and 1094), 12 (except 1241), or 20-39; industry codes 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce); or 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. Section 6921 et seq.) or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis). Customs Territory - the 50 states, the District of Columbia, and Puerto Rico (40 CFR Section 372.3). Disposal - any underground injection, placement in landfills/surface impoundments, land treatment, or other intentional land disposal (40 CFR Section 372.3). Environment - includes water, air, and land and the interrelationship which exists among and between water, air and land and all living things (EPCRA Section 329(2)). Establishment - an economic unit, generally at a single physical location, where business is conducted, or where services or industrial operations are performed (40 CFR Section 372.3). Facility - all buildings, equipment, structures and other stationary items which are located on a single site or on contiguous or adjacent sites and 268 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX B which are owned or operated by the same person (or by any person which controls, is controlled by or under common control with such person). A facility may contain more than one establishment (40 CFR Section 372.3). Full-time Employee - a person who works 2,000 hours per year of full-time equivalent employment. A facility would calculate the number of full-time employees by totaling the hours worked during the calendar year by all employees, including contract employees, and dividing the total by 2,000 hours (40 CER Section 372.3). Import - to cause a chemical to be imported into the customs territory of the United States. For purposes of the definition, to cause means to intend that the chemical be imported and to control the identity of the imported chemical and the amount of the imported chemical (40 CFR Section 372.3). Industrial Furnace - any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy: (1) Cement kilns. (2) Lime kilns. (3) Aggregate kilns. (4) Phosphate kilns. (5) Coke ovens. (6) Blast furnaces. (7) Smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machine, roasters, and foundry furnaces). (8) Titanium dioxide chloride process oxidation reactors. (9) Methane reforming furnaces. (10) Pulping liquor recovery furnaces. (11) Combustion devices used in the recovery of sulfur values from spent sulfuric acid. (12) Halogen acid furnaces (HAFs) for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical product on facility, the acid product has a halogen acid content of at least 3 percent, the acid product is used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of 20 percent as-generated. (13) Such other devices as the Administrator may, after notice and comment, add to this list on the basis of one or more of the following factors: (i) The design and use of the device primarily to accomplish recovery of material products; (ii) The use of the device to burn or reduce raw materials to make a material product; 269 ------- APPENDIX B 1998 EPCRA Section 313 Questions and Answers (iii) The use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks; (iv) The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product; (v) The use of the device in common industrial practice to produce a material product; and (vi) Other factors, as appropriate (40 CFR Section 372.3). Manufacture - to produce, prepare, import, or compound a toxic chemical. Manufacture also applies to a toxic chemical that is produced coincidentally during the manufacture, processing, use, or disposal of another chemical or mixture of chemicals, including a toxic chemical that is separated from that other chemical or mixture of chemicals as a byproduct, and a toxic chemical that remains in that other chemical or mixture of chemicals as an impurity (40 CFR Section 372.3). Material Safety Data Sheet (MSDS) - the form required to be developed under 29 CFR Section 1910.1200(g), as that section may be amended from time to time (EPCRA Section 329(6)). Mixture - any combination of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction. However, if the combination was produced by a chemical reaction, but could have been produced without a chemical reaction, it is also treated as a mixture. A mixture also includes any combination which consists of a chemical and associated impurities (40 CFR Section 372.3). A waste is not considered a mixture for EPCRA Section 313 reporting purposes. Otherwise Use - any use of a toxic chemical that is not covered by the terms manufacture or process, and includes use of a toxic chemical contained in a mixtures or trade name product. Relabeling or redistributing a container of a toxic chemical where no repackaging of the toxic chemical occurs does not constitute use or processing of the toxic chemical. Beginning in the 1998 reporting year (as of January 1, 1998), the definition of otherwise use was modified to read: Otherwise use - any use of a toxic chemical, including 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 a toxic chemical does not include disposal, stabilization (without subsequent distribution in commerce), or treatment for destruction unless: 270 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX B (1) the toxic chemical that was disposed, stabilized or treated for destruction was received from off-site for the purposes of further waste management; or (2) the toxic chemical that was disposed, stabilized, or treated for destruction was manufactured as a result of waste management activities on materials received from off-site for the purposes of further waste management activities. Relabeling or redistributing of the toxic chemical where no repackaging of the toxic chemical occurs does not constitute otherwise use or processing of the toxic chemical (40 CFR Section 372.3). Overburden - the unconsolidated material that overlies a deposit of useful materials or ores. It does not include any portion of ore or waste rock (40 CFR Section 372.3). Process - the term process means the preparation of a toxic 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 substance, or (2) as part of an article containing the toxic chemical. Process also applies to the processing of a toxic chemical contained in a mixture or trade name product (40 CFR Section 372.3). RCRA approved test method - includes Test Method 9095 (Paint Filter Liquids Test) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW-846, Third Edition, September 1986, as amended by Update I, November 15, 1992 (40 CFR Section 372.3). Release - 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 toxic chemicals (40 CFR Section 372.3). Senior Management Official -an official with management responsibility for the person or persons completing the report, or the manager of environmental programs for the facility or establishment, or for the corporation owning or operating the facility or establishments responsible for certifying similar reports under other environmental regulatory requirements (40 CFR Section 372.3). State - any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession over which the United States has jurisdiction (40 CFR Section 372.3). 271 ------- APPENDIX B 1998 EPCRA Section 313 Questions and Answers Total Annual Repor'table Amount - & facility's total annual repor table amount is equal to the combined total quantities released at the facility (including disposal), treated at the facility (as represented by amounts destroyed or converted by treatment processes), recovered at the facility as a result of recycle operations, combusted for the purpose of energy recovery at the facility, and amounts transferred from the facility to off-site locations for the purpose of recycling, energy recovery, treatment, and/or disposal (See 40 CFR Section 372.27(a)). Toxic chemical - a chemical or chemical category listed in 40 CFR Section 372.65 (40 CFR Section 372.3). Trade name product - a chemical or mixture of chemicals that is distributed to other persons and that incorporates a toxic chemical compound that is not identified by the applicable chemical name or Chemical Abstract Service Registry number list in 40 CFR Section 372.65 (40 CFR Section 372.3). Treatment for destruction - the destruction of a toxic chemical in waste such that the substance is no longer the toxic chemical subject to reporting under EPCRA Section 313. Treatment for destruction does not include the destruction of a toxic chemical in waste where the toxic chemical has a heat value greater than 5,000 British thermal units and is combusted in any device that is an industrial furnace or boiler (40 CFR Section 372.3). Tribal Emergency Response Commission or TERC - the commission responsible for carrying out the provisions of EPCRA in the same manner as a State Emergency Response Commission (SERC) on federally recognized tribal lands. Waste management - EPA interprets waste management to include the following activities: recycling, combustion for energy recovery, treatment for destruction, waste stabilization, and release, including disposal. Waste management does not include the storage, container transfer, or tank transfer if no recycling, combustion for energy, treatment for destruction, waste stabilization, or release of the chemical occurs at the facility (See 62 FR 23834; 23850; May 1, 1997). Waste stabilization - 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 for evaluating solid waste as defined in this section. 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" (40 CFR Section 372.3). 272 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX C APPENDIX C. INCORRECT GUIDANCE ON EPCRA SECTION 313 The following EPA letters are incorrect and should not be used for reporting under EPCRA Section 313. Please do not refer to these documents when making threshold determinations and release and other waste management calculations. 273 ------- APPENDIX C1998 EPCRA Section 313 Questions and Answers UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF PESTICIDES AND TOXIC SUBSTANCES June 14, 1991 MEMORANDUM SUBJECT: Clarification of the Article Exemption FROM: Sam Sasnett, Director Toxic Release Inventory Management Staff (TS-779) TO: Robert W. Hicklin Section 313 Enforcement Coordinator USEPA Region 6 (6T-PT) This correspondence is in response to your memo (received 5/31/91) related to issues involving the article exemption under the Emergency Planning and Community Right-to—Know Act (EPCRA; 40 CFR 372.38 (b)) . In response to some of the many issues you raised, I have the following comments: • Recycling Efficiency - For the toxic chemicals in like items to remain exempt from threshold and release calculations, the processing and use of these like items at a facility during a calendar year must result in a release of less than 0.5 pounds for any given toxic chemical. (The 0.5 value is chosen as the cut off value since, according to our guidelines, less than this amount may be rounded to 0 or no release.) However, if all the released material is collected for recycling or reuse, either on- or off—site, the article exemption is not negated. As you point out in your memo, recycling strategies are not (for a variety of reasons) likely to be 100% efficient. Nevertheless, the important aspect to consider when deciding whether or not to count a particular release towards the 0.5 pound cut-off value is the comprehensiveness and aggressiveness of the owner/operator in attempting to recycle/recover as much released material as possible. If the owner/operator has instituted a comprehensive and aggressive program for the recycle/recovery of all released material, then small amounts of toxic chemical that are not, in fact, recycled/recovered due to the imperfect efficiency of virtually any recycling/recovery system should not count towards the 0.5 pound cut-off value. 274 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX C For example, a metal fabricator has instituted a comprehensive and aggressive recycling/recovery program to collect dust, fumes, chips, etc. from processing of like items for purposes of recycling/recovery. However, a small amount of released material clings to the workers' clothes and leaves the facility by this route every day of the year (this is not known to the owner/operator). Even though the additive amount of a given toxic chemical leaving the facility on clothing may be greater than or equal to 0.5 pounds in a particular year, the article exemption for the like items is not negated because the owner/operator has instituted a comprehensive and aggressive recycling/recovery program and should not be penalized because of the inability of the system to capture 100% of the releases. The applicability of the article exemption would, on the other hand, be called into question if, say, the larger chips were collected and recycled/recovered while dust was simply swept up and placed in a dumpster. Thus, a distinction must be made between a manufacturer who has instituted a comprehensive and aggressive recycling/recovery program but still has minor releases due to the inability of virtually any recycling/recovery system to capture all releases and a manufacturer who has releases for which no comprehensive and aggressive recycling/recovery attempt is clearly being made. • Distribution in Commerce as Release — In your memo you state that "Judge Greene is saying that any material released into commerce is a release of the constituent compounds to the environment". I do not read this in the Order that accompanied your memo. Material that is processed to make a product is not considered released to the environment once it is distributed in commerce. Likewise, the disposal of an article does not constitute a release to the environment. Again, let me reiterate that to determine whether the article exemption holds for a given situation, one must determine (in addition to the other criteria outlined for the exemption) whether the release of a toxic chemical from the like items has occurred. In making this determination, one must consider whether an aggressive and comprehensive recycling/recovery program is being pursued by a facility to recycle/recover all releases. Where such a program is not in place, the releases are counted towards the 0.5 pound cut-off value. Should this value be reached, the like items are not articles and the toxic 275 ------- APPENDIX C 1998 EPCRA Section 313 Questions and Answers chemicals contained in the items are subject to threshold and release determinations. Finally, we consider the article exemption and the guidance issued on this subject to be valid. As such, the Regions should continue to allow the article exemption. I hope this has cleared up any questions you may have had. If you have any further questions related to this matter, please call me at FTS 382-3821. cc: Regional EPCRA § 313 Coordinators 276 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX C UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF PESTICIDES AND TOXIC July 1, 1992 SUBSTANCES Ms. Brenda J. Boykin Shaw, Pittman, Potts, & Trowbridge 2300 N Street, N. W. Washington, D.C. 20037 Dear Ms. Boykin: This letter is in response to your written request dated June 11, 1992 concerning the applicability of the article exemption for Toxic Release Inventory (TRI) reporting for a facility that manufactures bronze gears. The bronze contains copper, a listed TRI chemical. As I understand from your letter and our conversation of May 6 and meeting of June 24, 1992, the facility in question receives bronze blanks about 3" in diameter by 1.5" thick in the middle which slope to about 1" diameter at each end. Teeth are cut into the middle edge about 0.25" deep and a keyhole is cut into the center hole of each blank. No dust or fumes are created during the cutting, but small chips are created which are collected and then sent off-site for recycling. As the blanks are being cut, the chips fall into a round open collection bin which surrounds the cutting machine. One criterion of the article definition is that the item's end use function is dependent in whole or in part upon its shape or design during end use. Because the thickness and end diameters of the blank do not change during processing and the only size change is small cuts to the middle edge of the blank, EPA agrees that the processing of the blanks meets this criterion and that the end use function of the gears are dependent, in part, upon the shape and initial size of the blank before processing. Another criterion of the exemption is that the item does not release a toxic chemical under normal circumstances of processing or use of the item at the facility. In a directive (page A-2) in the 1990 TRI Reporting Package, EPA has further clarified that if all waste material from the processing or use of the item is recycled, the article status is maintained. That is, the article exemption will apply if the facility has an aggressive and comprehensive recycling program for the toxic chemical waste produced during the processing or use of the items. The facility 277 ------- APPENDIX C 1998 EPCRA Section 313 Questions and Answers should carefully document its rationale for claiming the article exemption including measures undertaken to recycle as much as possible of the processing and use wastes as possible. It appears from your description and photographs of the recycling process that the facility does have an aggressive and comprehensive recycling program in place. However, be aware that this determination is subject to review by the EPA Regional Office in the event of an inspection. The facility should also consider whether air releases occur from any subsequent operations such as grinding or polishing, if such operations take place at all. If there is not a recovery program in place for these emissions, then the article exemption may not apply. Please call me at (202) 260-2250 if you have any further questions. ^^^f ^ 5 •^L ^^^ Sincerely, Kathleen Franklin Chemical Engineering Branch Economics and Technology Division (TS-779) cc: Sam Sasnett (TS-779) Tami McNamara (TS-779) Ken Mitchell (TS-779) Section 313 Regional Coordinators on attached list EPCRA Hotline 278 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX C UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 June 24, 1991 OFFICE OF PESTICIDES AND TOXIC SUBSTANCES Russell H. Jones Kerr-McGee Chemical Corporation P.O. Box 25861 (MT-1601) Oklahoma City, OK 73125 Dear Mr. Jones: This letter is in response to your request of June 6, 1991 for written confirmation on various reporting issues related to Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). You are correct in your understanding that concentrations of listed toxic chemicals below de minimis levels in ore imported into the United States are not reportable if the chemicals simply pass through the process and are discharged in the waste or tailings stream. Reporting is not required in this case because the chemicals would not meet the definitions of manufacture, process, or otherwise use. However, if beneficiation is applied to recover a listed toxic chemical from the ore and the manufacturing threshold is exceeded reporting would be required. Concentrations of listed toxic chemicals above the de minimis levels in ore imported into the United States are not reportable if the chemicals simply pass through the process and are discharged in the waste or tailings stream for the same reasons stated above. However, if the waste material is subsequently sold, releases of toxic chemicals associated with the quantity sold would be reportable if they met the applicable processing threshold. This reporting requirement would also apply to wastes derived from materials that are not imported. Supplier notification may be required for the waste material sold or the product if the material contains a toxic chemical above the de minimis level. The supplier notification requirements (40 CFR 372.45) apply if you distribute to other facilities within SIC codes 20—39 or to a company that sells to a covered facility. 279 ------- APPENDIX C 1998 EPCRA Section 313 Questions and Answers I hope this letter provides the confirmation you requested. Please feel free to contact me at 202—382-3821 or Tami McNamara of my staff at 202-382-5997 if you have any further questions regarding this matter. Sincerely, Sam Sasnett, Director Toxic Chemical Release Inventory Management Staff 280 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX D APPENDIX D. RECENT EPA GUIDANCE In addition to the questions and answers included in this document, the following EPA interpretive guidance letter may be used when making threshold determinations and release and other waste management calculations under EPCRA Section 313. 281 ------- ^K. .^H ^ SB; APPENDIX D 1998 EPCRA Section 313 Questions and Answers UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF Sept. 23, 1998 PESTICIDES AND TOXIC SUBSTANCES Richard G. Stoll Freedman, Levy, Kroll & Simonds 1050 Connecticut Ave., NW Washington, DC 20036 Dear Mr Stoll: This letter fulfills, in part, EPA's commitment regarding resolution of the Cement Kiln Recycling Coalition (CKRC) case against EPA (Cement Kiln Recycling Coalition v. EPA. (D.D.C., No 1-98CV00171)) challenging portions of the Emergency Planning and Community Right-to-Know Act (EPCRA) section 313 facility expansion rule (62 FR23834; May 1, 1997) and guidance. This letter pertains to claim number III of that case. Specifically this response addresses whether the act of transferring toxic chemicals in waste fuels off-site to be burned at cement kilns for energy recovery constitutes a covered threshold activity under EPCRA section 313. For your information, the repackaging and subsequent transfer off-site of EPCRA section 313 toxic chemicals in waste fuel for burning for energy recovery is not, in itself, a covered "manufacturing," "processing," or "otherwise use" threshold activity as those terms are defined in the EPCRA section 313 regulations (40 CFR part 372). Therefore, EPA is clarifying that EPCRA section 313 covered facilities are not required to consider the repackaging and subsequent transfer off-site of toxic chemicals for energy recovery to any type of boiler or industrial furnace (as defined in 40 CFR section 372.3) toward threshold calculations. Similarly toxic chemicals in waste that are repackaged and sent off-site for disposal or for treatment for destruction would likewise not be considered toward a facility's "manufacturing," "processing," or "otherwise use" threshold determination. Covered facilities should keep in mind, however, that if they exceed an activity threshold elsewhere at the facility for the listed chemical contained in the waste fuel, the facility should report the quantity of the toxic chemical in the waste fuel sent off-site for energy recovery in the appropriate sections of 6.2 and 8 of the Form R. Although the simple repackaging and transfer off-site of a toxic chemical in waste for the purposes of energy recovery does not constitute a covered threshold activity, other closely related activities may need to be considered toward thresholds. For example, if a covered facility burns a waste-fuel on-site, this activity would constitute an "otherwise use" of each listed toxic chemical in the waste-fuel. Thus, these listed toxic chemicals would be subject to the "otherwise use" threshold determinations. In addition, toxic chemicals that are coincidentally manufactured as a result of repackaging must be considered toward the facility's 25,000 pound "manufacturing" 282 ------- 1998 EPCRA Section 313 Questions and Answers APPENDIX D threshold. Also as of January 1, 1998, if a covered facility receives atoxic chemical from off-site for the purposes of waste management and subsequently disposes, stabilizes or treats the toxic chemical for destruction on-site, the covered facility must consider this quantity of the toxic chemical toward the "otherwise use" threshold. This letter supersedes any previous EPA guidance on this topic. I hope this information clarifies how facilities should consider toxic chemicals in waste fuels for threshold determinations and release and other waste management calculations for section 313 of EPCRA. If you have any other questions, or desire further information, please call me at 202-260-9592. Sincerely, Maria J. Doa, Ph.D., Chief Toxics Release Inventory Branch cc. Amber Aranda Sara Hisel McCoy 283 ------- APPENDIX D 1998 EPCRA Section 313 Questions and Answers This page intentionally left blank. 284 ------- Key Words by Question Number INDEX A ABS439 Absorbent 515 Accidental Releases 467 Acid Aerosol 400, 402, 404, 405, 410 Acid Neutralization 522, 523 Acid Reuse System 402, 405 Acids 397, 489, 572, 577, 581, 582 Acid Aerosol 400, 402, 404, 405, 410 Acid Reuse System 402, 405 Chemical Qualifier 410 Complete Neutralization 577 Concentration 411 Concentration Range 409 Mineral Acids 523 Neutralization 126, 153, 397, 572, 581 pH 397, 409, 521, 522, 523, 572, 577 Release Reporting 397, 489 Reporting Acids 521 Waste Treatment 409 Active Degradation 283 Active/Passive Degradation 279 Activity Index 593, 594 Activity Restricted to Company 13 Activity Threshold 70, 87, 89, 116, 117, 119, 121, 122, 126, 127, 133, 138, 144, 145, 147, 151, 152, 153, 155, 158, 159, 160, 162, 163, 165, 166, 168, 169, 173, 174, 178, 179, 180, 182, 183, 184, 186, 187, 188, 189, 190, 192, 194, 197,208, 209, 312, 391, 403, 449, 563, 587, 700 Actual Receipt 218 Adhesive 145, 153 Administrative Setting 245 Aerosol Form 404 Air Conditioning 242, 243, 244 Process Related 244 Air Emissions 507, 512, 513, 537, 553, 586 Horizontal Storage Tank 513 Mixtures 553 Partial Vapor Pressure 512 Storage 553 Storage Tanks 337, 507, 532, 586 Toluene 512 Air Releases 337, 539 Alternate Threshold 2 Aluminum 157, 192, 401, 428, 429 Aluminum Oxide 277, 442, 443, 444, 445 Fibrous Forms 442, 443, 444 Ammonia 133, 181, 182, 189, 190, 191, 246, 339,424,449,450,451 Anhydrous 449, 450 Aqueous 449, 450 Personal Use Exemption 245, 246, 247 Sewage 246 Ammonium Chloride 452 Ammonium Hydroxide 451 Ammonium Salts 452 Ancillary Use 268, 379 Anhydrous 449, 450 Anti-freeze 285 Applicability 703 Aqueous 449, 450 Article Component 177 Article Exemption 109, 280, 281, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 549, 702, 703, 704 Ancillary Use 379 Article Releases 345, 349, 357, 358, 364,366,371,380,381 Bar Stock 367, 368 Batteries 354, 372 Catalyst 373 Change in Diameter/Thickness 352 Components of Product 348 Disposal 376 End Use Function 375 Fume or Dust Qualifier 350, 353 285 ------- INDEX Key Words by Question Number Glass 356 Half Pound Policy 345 Lead 376 Lead Bricks 370 Light Bulbs 377 Manufacturing Article 346, 347, 369 PCB Transformers 378, 379 Plastic Bottles 369 Polyurethane Foam 381 Process 354, 376 Processing Determination 359 Recycle 344 Reportable Release 355 Sheet Metal 359, 363, 364, 365 Steel Plates 371 Supplier Notification 358, 668, 702, 703 Threshold Determination 342, 343, 344, 359 Welding Rods 349 Wire 360, 361, 362 Article Releases 345, 349, 357, 358, 364, 366,371,380,381 Asbestos 100, 284, 441, 495, 538 Definition of Friable 495 Structural Component Exemption 284 Ash 330 Audit Provisions 644 Auxiliary Facility 224, 225, 226, 227, 228, 229,230,231,232,233,683 Definition of 225 Reporting Requirements 233 Supplier Notification 683 Auxiliary Scrubber 583 B Bar Stock 367, 368 Barge Terminal 534 Barium Chloride 456 Barium Sulfate 456 Basis of Estimate 473, 498, 499, 501, 502, 516 Releases 516 Batch Processor 593 Batteries 354, 372 Best Available Information 461, 475, 480, 585 Blank Data Elements: NA 639 Blending 144 Breaking the Seal 195, 196 Broker 211,219, 221 Business Interest 53, 62 Byproduct 185, 318, 331,496 De Minimis Exemption 318, 331 c Cafeteria Refrigerants 241 Carcinogen 325 CAS Number 390, 392, 441, 454, 455, 458, 461, 686 Catalyst 373 Catastrophic One-Time Event 597, 598 Category Code 392 Cement Kiln Equipment 280 Certification 608, 610, 611 Senior Management Official 609, 611 Certification Statement 609 Certification, Signature 610 Change in Diameter/Thickness 352 Change of Ownership 47, 49, 50, 51, 52, 615, 616 Chemical Category 320, 391, 392, 393, 453, 456, 693 Health Effects 393 Supplier Notification 693 Chemical Compounds 709 Chemical Conversion 137, 190, 206, 394, 407, 424, 488, 489, 496, 580, 672 Supplier Notification 671 Chemical Deletion 396, 666 Chemical Identity 496, 719 Chemical Name 389, 390 Chemical Qualifier 157, 191, 410, 413, 425, 428, 429, 442, 443, 444, 449, 450,451 Chlorine 178, 488, 514 Chromium 162, 474 Chromium Compounds 419, 420 Closed-loop 91 Co-polymer 439 Coal Combustion 399 Coal Mine 150 Coal Mining 383, 385, 386 286 ------- Key Words by Question Number INDEX Coal or Oil 19,20 Coal Tar 569 Coincidental Manufacture 121,133,151,152, 153, 154, 157, 181, 185, 263, 319,320,398,407,408,410, 426, 429 Coincidental Manufacturing 399 Combustion Byproducts 398, 401, 407 Combustion Unit Efficiency 493, 494 Commerce Definition of 199 Complete Neutralization 577 Components of Product 348 Composting 579 Compound 459, 460 Compound Category 340, 414, 418 Compounding 208 Compounds 208, 360, 412, 413, 414, 416, 417, 418, 419, 420, 421, 422, 423, 425, 426, 427, 428, 429, 430 Compressed Air 252 Concentration 411, 432, 451, 701, 707, 710, 711 Supplier Notification 358, 471, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 682, 684, 685, 686, 687, 688, 689, 690, 691, 692, 693, 694, 696, 697, 698, 699, 700, 701, 702, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715,716,717,718 Concentration Information 185 Concentration Range 101,102,103,104,105, 327, 328, 409, 414 Lower Bound 104 Upper Bound 101, 105 Confidentiality Agreement 721, 722 Consumer Product Exemption 676, 706, 714 Container Size 135 Containment Area 518, 519 Contiguous/ Adjacent 8, 63 Contractor Hours 21 Contractors 38, 39, 40, 42 Contractual Relationship 223 Cooling Towers 266 Copper 137 Copper Compounds 417 Corporate Employees 34 Corporate Headquarters 708 Customs Territory of U.S. 213 Cyanide Compound 141, 413, 416 D Data Sources 651 DeMinimis 330, 341,447 De Minimis Exemption 109, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340,431, 548, 669, 670, 709 Air Releases 337, 539 Ammonia 339 Ash 330 Byproduct 318, 331,496 Carcinogen 325 Chemical Category 320 Coincidental Manufacture 319, 320 Compound Category 340, 414 Concentration Range 327, 328 De Minimis Level 324, 325 Delimited Category 340 Impurity 318, 319 Manufacture 332 Metal Compounds 321 Mixed Isomer 322 Overburden 341 Petroleum Refining 336 Process 341 Release Reporting 326 Solvent Recovery 317 Storage Tanks 337 Supplier Notification 669, 670, 709 Threshold Determination 332 Trade Name Product 315 Treatment Processes 338 Waste 318, 329, 334 Waste Rock 341 Wastestream 335 287 ------- INDEX Key Words by Question Number Wastewater Treatment 332, 338 Xylene 322 De Minimis Level 324, 325 Deadline Extension 605 Definition of Auxiliary Facility 225 Definition of Commerce 199 Definition of Facility 4, 5, 6, 7, 8, 9, 51, 55, 60, 61, 63, 67, 79, 80, 487 Definition of Friable 495 Definition of Otherwise Use 121 Degreasers 282 DEHP 440 Deleted Chemicals 716 Delimited Category 340, 453 Detection Limit 472, 497 Determination 100 Diethylene Glycol 433 Dipropylene Glycol 434 Direct Reuse 544, 560 Disposal 115, 376, 477, 486, 518, 535, 540, 541 Disposal of Intake Water 253, 254 Distribution in Commerce 118 Distribution Restricted to One Facility 199 Distributors 677, 678, 680, 682 Documentation 542, 602 OOP 440 Double Counting 204, 538 Dun & Bradstreet Number 621, 622 Dust Suppressant 268 E Economic Benefit 200, 201, 202 Economic Reasons 596 Effective Date 396, 397, 603, 717 EOF 19,20,231,569 Electricity Generating Facility 19, 20, 43, 231,569 Electronic Data 650 Electronic Form R 606 Electroplating 111, 137, 138, 283, 414, 416, 703 Emission Factors 480, 491, 498, 500, 501, 502, 504, 509 Basis of Estimate 473, 498, 499, 501, 502,516 Best Available Information 475, 480 Estimating Emissions 509 Employee Comfort 239, 242, 256 Employee Threshold 21, 22, 23, 24, 25, 26, 27,28,29, 30,31, 32,33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 44, 45, 48 Contractor Hours 21 Contractors 38, 39, 40, 42 Corporate Employees 34 Employee Comfort 239, 242, 256 Facility Closure 44 Facility Owner 35, 36 Full-Time Employee 24 Limited Distribution 86 Maintenance Staff 28 Off-site Employees 31, 33 Off-site Support 48 Overtime 45 Paid Holidays 23 Part-Time Employee 24 Permanent Disability 37 Profit Share 36 Sales Staff 27 Sick Leave 22 Truck Drivers 29, 30 Truck Jobbers 41 Vacation Hours 22 End Use Function 375 Energy Recovery 563, 568, 569, 589 Enforcement 645 EPA Approval 659 EPA Contact 657 EPA Review 656 EPCRA Reporting 234 EPCRA Section 304 467, 533 Equipment Efficiency 93 Establishment 67 Estimating Releases 481, 503, 514, 521 Ethylene Glycol 150,435 Exemption Retention 235 Extraction Exemption 383, 385, 386 F Facility 57, 62, 71, 81, 82, 130, 534, 570, 613,614 288 ------- Key Words by Question Number INDEX Business Interest 53, 62 Definition of 4, 5, 6, 7, 8, 9, 43, 51, 55, 58, 63, 64, 67, 79, 80, 487 Facility Construction 5, 106 Facility Name Change 614 Facility Reporting 58, 613 Multi-Activity Facility 66 Facility Closure 3, 44 Facility Construction 5, 106 Facility Maintenance Exemption 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 579 Composting 579 Cooling Towers 266 Dust Suppressant 268 Pesticides 267 Process Equipment Maintenance 259, 260 Recreational Use 261 Similar in Type or Concentration 262, 263 Swimming Pool 261 Facility Name Change 614 Facility Owner 35, 36 Facility Reporting 130, 382, 613 FDA 23 6 Fertilizer 175, 176, 424, 556, 560 Fibrous Forms 442, 443, 444 Flotation Agent 146 Foreign Government 722 Foreign Trade Zone 214 Form A 2, 599, 600, 601, 602, 603, 604, 654, 662, 664 Criteria 599, 604 Documentation 602 Effective Date 603 RQ601 Form R 2, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 627, 628, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 641, 642, 644, 645, 646, 647, 648, 649, 651, 654, 662, 664, 665 Audit Provisions 644 Blank Data Elements: NA 639 Certification 610 Change of Ownership 615, 616 Deadline Extension 605 Dun & Bradstreet Number 621, 622 Electronic 606 Enforcement 645 Facility Name Change 614 Facility Reporting 613 Form R Revisions 17, 661, 662, 663, 664, 665 Form R Submissions 76, 422, 629, 640, 647, 649 Information Access 652 Mailing Address 612 Maximum Amount On-site 628, 630, 631,632,633,634,635 Parent Company Name 614 Part I Section 2.1 720 Part I Section 4.1 612 Part I Section 4.4 618 Part I Section 4.7 621 Part II Section 1 462, 685 Part II Section 3 77, 629 Part H Section 4 630, 632, 633, 634, 635 Part II Section 5.3 636,637 Part II Section 5.3.1 638 Part II Section 6.2 565, 567 Part H Section 7A 573, 574, 575, 576, 585, 586 Part II Section 8 590 Part II Section 8A 595 Part II Section 8.8 540, 592, 597 Part II Section 8.9 593, 594 Part II Section 8.10 591 Previous On-site Disposal 631 Public Contact 617, 618 Release Estimate 642 Reporting Deadline 475, 607 Reporting Requirements 613, 648 Section 8 503 Senior Management Official 609, 611 Separate Form Rs 78 289 ------- INDEX Key Words by Question Number Signature 608, 646 Significant Figures 641, 642 Technical Contact 618, 619 TRI Facility Identification Number 615,616 Weekends 607 Form R Revisions 17 Form R Submissions 76, 422, 629, 640, 647, 649 Form R: Part II Section 6.2 567 Formaldehyde 200, 209, 446 Friable Definition of 495 Fuel 19, 20, 113, 192,274 Fuel Blending 568 Fugitive Air Emissions 479, 490, 504, 508, 532 Storage Drums 508 Full-time Employee 24, 25, 26 Fume or Dust 157, 158, 159, 161, 191, 425, 426, 427, 428, 429, 430, 634 Fume or Dust Qualifier 350, 353 Fumigants 132, 157 Fuming Sulfuric Acid 406 G Gasoline 285 Generic Name 685 Glass 356 Glycol Ethers Category 433, 434, 435 GOCOs 80 Gold Leaching Operations 141 Groundwater 483 H Half Pound Policy 345 Hazardous Waste 123 Hazardous Waste Facility 64 Health Effects 393 Heat Value 568 Horizontal Storage Tanks 513 Hydrochloric Acid 398, 400, 407, 408, 410 I Import 96, 211, 212, 213, 214, 216, 217, 218, 219, 220, 221, 222, 223, 695 Broker 211 Supplier Notification 695 Importing Waste 215 Impurity 147, 149, 318, 319 De Minimis Exemption 318, 319 Inappropriate 667 Incineration 578 Incomplete Combustion 399 Incorporation 116 Indian Lands 234 Influent Concentration 575, 584 Information Access 652 Ingots 159 Injection 142 Intake Water Exemption 95, 248, 250, 251, 252, 253, 254, 255, 256, 257, 258 Disposal of Intake Water 253, 254 Processing of Intake Water 258 Intracompany Transfer 200, 201, 202, 697 J Janitorial Products 705 Jet Fuel 290 Joint Venture 43, 54, 55, 528 K Kerosene 19 L Lab Hoods 479 Lab Packs 136 Laboratory 230 Laboratory Activity Exemption 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312,313,314 Laboratory Support Activity 308, 311 Pilot Plant 296, 303 Product Testing 305, 306 QA/QC Activities 292, 298, 300, 305 Quality Control 299 Samples 309 SIC Code 296 Speciality Chemical Production 297 Technically Qualified Individual 293 Testing Required for Permit 307 Laboratory Support Activity 311 Lab Packs 136 290 ------- Key Words by Question Number INDEX Land Treatment 546, 556 Land Treatment/Application Farming 176 Landfill 482, 520, 566 Landfill Cover 579 Landfill Leachate 128 Latitude/Longitude 623 Leaching System 142 Lead 3 76, 419, 421,422 Bricks 370 Lead Compounds 419, 421, 422 Lead Deposits 160 Light Bulbs 377 Limited Distribution 86 Loading Emissions 478 Location Change 613 Lower Bound 104 M Mailing Address 612 Maintenance Staff 28 Manufacture 96, 98, 113, 157, 182, 208, 212, 215,262,310,332,699 Manufacturing During Use 249 Manufacturing 139 Manufacturing Aid 156 Manufacturing Article 346, 347, 369 Mass Mailing 718 Maximum Amount On-site 87, 628, 630, 631, 632, 633, 634, 635 MDI186, 458 Metal Alloy 107, 109, 464 Metal Compounds 108, 112, 137, 138, 154, 162, 206, 321, 391, 395, 398, 412, 414,415, 416,417, 419, 420, 421, 422, 423, 584 Metal Compounds Solution 110 Metal Mining 210, 384 Metal Silicates 112 Metal Vapors 428 Metals 137, 382, 412, 422, 494, 568, 584, 588, 590 Metal Alloy 107, 109, 464 Metal Compounds 108,112,137,138, 154, 162, 206, 321, 395, 398, 412, 414,415, 416,417, 419, 420, 421, 422, 423, 584 Metal Compounds Solution 110 Metal Silicates 112 Metal Vapors 428 Methanol 187 Methylenebis (Phenylisocyanate) 179 Migration 482, 483 Mineral Acids 523 Mineral Oil 437 Mining 424 Mining Disposal 142 Mining Vehicles 286 Mixed Isomer 322 Mixture 102, 105, 107, 112, 161, 318, 390, 430, 431,432, 436,437, 445, 447, 448, 457, 459, 460, 461, 462, 463, 464, 465, 553, 672, 673, 693 DeMinimis Exemption 315, 316,317, 318,319,321,672 Part II Section 1 462 Supplier Notification 673, 674, 693 Threshold Determination 457 Mixture Name 462 Mobile Equipment 269 Mold 157, 179 Monitoring 468, 497 Mono Butyl Ether 43 5 Monomer 439 Motor Vehicle Exemption 285, 286, 287, 288, 289, 290, 291 Anti-freeze 285 Gasoline 285 Jet Fuel 290 Mining Vehicles 286 Non-Motorized Barge 288 Railcars 289 Tractor Trailers 289 Used Motor Oil 291 MSDS 440, 687, 688, 689, 690 Supplier Notification 687, 688, 689, 690 Multi-activity Facility 69 Multi-establishment 42, 43, 62, 65, 67, 68, 70, 71, 72, 73, 74, 75, 76, 77, 78,81,82, 130,230,620,622, 635, 698 291 ------- INDEX Key Words by Question Number Multiple Activity Thresholds 139, 140, 141, 142, 143 Multiple Chemical Category 418 Multiple Owners 625 Multiple Owners/Operators 59 Multiple Process Steps 204, 205 N NA 595, 640 NAvs. 0506, 516, 523, 597 NAICS 18 Natural Gas 113 Naturally Occurring Chemical 198 Negative Declaration 648, 679 Supplier Notification 679 Neutralization 126, 153, 397, 572, 581, 582 Complete Neutralization 577 New Chemicals 717 Nicotine 198 Nitrate Compounds 247, 424, 546, 580 Nitric Acid 411 NON52 Non-isolated Intermediates 114 Non-Motorized Barge 288 NOTE 646 Notification Date 668 Notification Letter 691 NPDES Permit 624, 627 o Off-site Disposal 556 Off-site Employees 31, 33 Off-site Landfill 572 Off-site Services 73 Off-site Transfer 76, 456, 510, 528, 541, 544, 545, 547, 554, 555, 557, 558, 559, 561, 562, 563, 564, 565, 566, 567, 568, 570, 572 Off-site Waste 120, 121 Office Supplies 237, 238, 240 Oil-contaminated Debris 20 Oleum 406 Otherwise Use 83, 91, 116, 120, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 138, 145, 146, 147, 150, 156, 165, 166, 168, 173, 174, 179, 182, 186, 187, 188, 189, 190, 193, 209, 210, 215, 249,265, 266,282, 312, 316,335,536,546 Definition of 121 Outdoor Storage Pile 484 Overburden 210, 341 Overburden Exemption 384 Overtime 45 Owner/Operator 46, 53 Business Interest 62 Change of Ownership 47, 49, 50, 51, 52,615,616 Distinction of 9 Multiple 59 Ozone 471 P Packing Medium 187 PACs 453, 589 Paid Holidays 23 Paint 173, 270, 271, 272, 273, 705 Structural Component Exemption 269, 270, 271, 272, 273, 274, 275 Supplier Notification 705 Paraformaldehyde 446 Parent Company 54, 56, 625, 626 Joint Venture 55 Parent Company Name 614 Wholly Owned Subsidiary 56 Part I Section 2.1 720 Part I Section 4.1 612 Part I Section 4.4 617, 618 Part I Section 4.5 620 Part I Section 4.7 621 Part I Section 4.9 624, 627 Part I Section 5.1 625, 626 292 ------- Key Words by Question Number INDEX Part II Section 1 462, 685 Part II Section 3 77, 629 Part II Section 4 630, 632, 633, 634, 635 Part II Section 5.3 636,637 Part II Section 5.3.1 638 Part II Section 6.1 524 Part II Section 6.2 565 Part II Section 7A 573, 574, 575, 576, 585, 586 Part II Section 8 590 Part II Section 8A 595 Part II Section 8.8 540, 592, 597, 598 Part II Section 8.9 593, 594 Part II Section 8.10 591 Part-Time Employee 24 Partial Vapor Pressure 512 Particles 430 Particulates 539 PCB 115 PCB Transformers 378, 379 Permanent Disability 37 Permits 551 Personal Use Exemption 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 256 Administrative Setting 245 Air Conditioning 242, 243 Ammonia 246 Cafeteria Refrigerants 241 Employee Comfort 239, 242, 256 Nitrate Compounds 247 Office Supplies 237, 238, 240 Sewage 246, 247 Pesticides 180,267,692 Facility Maintenance Exemption 267 Supplier Notification 692 Petroleum Bulk Stations 66 Petroleum Refining 336 pH 397, 409, 414, 521, 522, 523, 572, 577 Phase Separation 129 Phosphoric Acid 550 Photocopying 476 Pilot Plant 296, 303 Release Calculation 311 Pipeline 6, 7, 82 Pipes 272, 273, 275, 276, 492 Plastic Bottles 369 Point Source Air Emissions 490, 510, 532, 548, 550 Polyethylene 436 Polyurethane Foam 381 Polyvinyl Chloride 43 8 POTW 524, 561, 590 ppm 511 Preparation for Distribution 84, 85 Preparation for Otherwise Use 83 Previous On-site Disposal 631 Primary SIC Code 65, 69, 72, 73 Process 84, 85, 86, 98, 111, 116, 133, 138, 145, 146, 147, 148, 149, 155, 158, 159, 161, 163, 167, 168, 169, 173, 177, 178, 179, 180, 183, 184, 186, 190, 192, 194, 197, 198, 200, 201, 202, 203, 204, 205,206, 207,208, 313, 341,354,376,416 Process Equipment Maintenance 259, 260 Process Related 244 Process vs. Otherwise Use 127, 145, 146, 147, 150 Processing 118, 136, 170, 426 Processing Aid 156 Processing Determination 359 Processing of Intake Water 258 Product 560 Product Testing 305, 306 Product Value 74 Production Ratio 593, 594 Profit Share 36 Public Contact 617, 618 Public Disclosure 721, 722 Pulp and Paper Mills 491 Purchasing Agent 220, 222 Pure Chemical 694, 701 Purpose Behind Incorporation 146 Q QA/QC Activities 292, 298, 300, 305 Quality Control 299, 301, 302 293 ------- INDEX Key Words by Question Number R Radioactive Cobalt 454 Railcars 289 RCRA ID Number 565, 566 Landfill 566 RCRA-empty 545 Readily Available 470 Reasonable Estimates 469, 470, 471, 472, 474, 681 Reasonable Standard 473 Receipt of New Information 663 Reclamation 118, 197 Recognizable as an Article 376 Recordkeeping 119, 643, 650 Recreational Use 261 Recycle 92, 172, 184, 344, 486, 550, 554, 557, 559, 562, 580, 588 Redistribute 183 Refractory Brick 162, 193 Regrading210 Relabel 134 Release Calculation 311, 493 Release Estimate 642 Release Reporting 95, 175, 326, 391, 418, 421, 449, 450, 453, 460, 485, 489, 492,496, 518, 519, 520, 522, 526, 527, 529, 530, 531, 533, 534, 535, 536, 538, 541, 543, 545, 549, 551, 552, 567, 583, 584, 590, 592, 598, 601 Waste Reuse 529 Release to Land 175, 489, 515, 518, 525, 535, 540, 541, 543, 546, 580 Release to Water 517, 561 Releases 466, 467, 468, 469, 475, 477, 478, 479, 480, 482, 483, 486, 487, 488, 489, 490, 492, 493, 494, 495, 496, 497, 498, 499, 500, 502, 504, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 544, 545, 546, 547, 548,549,550,551,552,553 Absorbent 515 Accidental Releases 467 Acid 523 Acids 489 Air Emissions 512, 513, 537, 553 Asbestos 495, 538 Basis of Estimate 498, 499, 502, 516 Best Available Information 475, 480 Chlorine 514 Combustion Unit Efficiency 493, 494 Containment Area 518, 519 Detection Limit 497 Disposal 477, 486, 518, 540, 541 Emission Factors 480, 498, 500, 502, 504, 509 Estimating Releases 514, 521 Fugitive Air Emissions 479, 490, 504, 508, 532 Groundwater 483 Horizontal Storage Tanks 513 Lab Hoods 479 Landfill 482, 520 Loading Emissions 478 Metals 494 Migration 482, 483 Monitoring 468, 497 NAvs. 0516, 523 Partial Vapor Pressure 512 Particulates 539 Pipes 492 Point Source Air Emissions 510, 532, 548 ppm 511 Recycle 486 Release Calculation 493 Release Estimate 642 Release Reporting 95, 175, 326, 391, 397, 418, 421, 449, 450, 453, 460, 485,492, 496, 518, 519, 520, 522, 526, 527, 529, 530, 531, 533,534, 535,536, 538, 541, 543, 545, 549, 551, 552, 567, 583, 584, 590, 592, 598 Release to Land 175, 489, 515, 518, 525, 535, 540, 543, 546, 580 294 ------- Key Words by Question Number INDEX Release to Water 517, 561 Releases to Land 541 Reporting Acids 521 Reporting Deadline 475 Spill 506 Stockpiles 485, 531 Storage 531,535, 553 Storage Drums 508 Storage Tanks 507, 532 Temporary Storage 530, 542 Toluene 512 Transportation Exemption 533 Unknown Composition 509 Vessels 534 VOC 506 Waste Reuse 529 Zero Releases 516 Releases to Receiving Stream 627 Releases to Receiving Streams 636, 637, 638 Remediation 94, 95, 520, 540, 592 Repackage 163, 169, 172, 177, 194, 207 Repackaging 135, 170, 171, 195, 196, 684 Supplier Notification 684 Repackaging via Pipeline 164 Reportable Release 355 Reporting Acids 521 Reporting Criteria 1, 2, 3, 14, 74, 224, 571 Reporting Deadline 475, 607 Reporting Requirements 233, 476, 613, 643, 648 Reporting Responsibility 15, 16, 46, 47, 48, 49, 50, 51, 52, 53, 57, 58, 59, 60, 61, 227, 229 Research and Development Activities 304 Residue 557, 558 Reuse 552, 588 Direct Reuse 544, 560 Reuse System 90, 91, 92, 403 Acid Reuse System 402, 405 Right-of-Way 79, 80, 81 RQ 533, 601 s Sales Samples 675 Sales Staff 27 Samples 86, 299, 301, 302, 309 Laboratory Activity Exemption 299, 301, 302, 309 Supplier Notification 675 Section 8 503 Senior Management Official 609, 611 Separate Form Rs 78 Sequential Process 575, 576 Sewage 246, 247, 335 Sheet Metal 359, 363, 364, 365 SIC Code 4, 10, 11, 12, 13, 14, 15, 16, 17, 18, 66, 67, 68, 226, 228, 230, 296, 382, 620, 671, 698 SIC Code 4953 64 SIC Code Determination 229, 231 Sick Leave 22 Signature 608, 610, 646 Significant Figures 641, 642 Solvent Recovery 11, 317 Solvents 148, 165, 197, 270 Source Reduction 591, 596, 651 Data Sources 651 Economic Reasons 596 Speciality Chemical Production 297 Spill 506 Stationary Equipment 269 Steel Plates 371 Steps Taken by Different Facilities 203 Stockpiles 485, 531 Storage 87, 88, 89, 183, 485, 528, 531, 535, 553 Outdoor Pile 484 Temporary 530 Storage Drums 508 Storage Tanks 337, 507, 532, 586 De Minimi s Exemption 337 Horizontal Storage Tanks 513 Storm Run-off 255 Stormwater 130,251 Structural Component Exemption 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284 Active Degradation 283 295 ------- INDEX Key Words by Question Number Active/Passive Degradation 279 Asbestos 284 Cement Kiln Equipment 280 Degreasers 282 Electroplating 283 Fuel 274 Mobile Equipment 269 Paint 270, 271,272, 273 Pipes 272, 273, 275, 276 Solvents 270 Stationary Equipment 269 Welding Rods 269 Sulfuric Acid 142, 400, 404, 405, 406, 407 Fuming Sulfuric Acid 406 Supplier Notification 358, 471, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684, 685, 686, 687, 688, 689, 690, 691, 692, 693, 694, 695, 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712,713,714,715,716,717, 718 Applicability 703 Article Exemption 358, 702, 703, 704 Auxiliary Facility 683 CAS Number 686 Chemical Category 693 Chemical Compounds 709 Concentration 701, 707, 710, 711 Consumer Product Exemption 676, 706, 714 Corporate Headquarters 708 De minimis Exemption 669, 670, 709 Deleted Chemicals 716 Distributors 677, 678, 682 Electroplating 703 Generic Name 685 Import 695 Intracompany Transfer 697 Manufacture 699 Mixture 672, 673, 693 MSDS 687, 688, 689, 690 Multi-establishment 698 Negative Declaration 679 Notification Date 668 Paint 705 Pesticides 692 Pure Chemical 694 Reasonable Estimates 681 SIC Code 671 Trade Name 685, 694 Trade Secret 712, 713 Support Off-site 48 Surface Mining 383 Swimming Pool 261 T TDI (Mixed Isomers) 463 Technical Contact 618, 619 Technically Qualified Individual 293 Temporary Storage 542 Testing Required for Permit 307 Threshold Determination 83, 84, 87, 88, 90, 91, 92, 93, 94, 95, 96, 97, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 132, 134, 137, 161, 175, 185, 193,216, 277, 311, 332, 342, 343, 344, 359, 394, 395, 407, 412, 416, 417,418, 419,423, 430,431, 447,448, 450,451, 453,454, 457, 463, 465, 484, 562, 571, 628, 630, 632, 634, 635 Thresholds 310 Toll Processor 180,216 Toluene 512 Toluene Diisocyanate 447, 448 Toxic Chemical List 387, 388 Tractor Trailers 289 Trade Name 389, 685, 694 Trade Name Product 315 Trade Secret 712, 713, 719, 720, 721, 722 Chemical Identity 719 Confidentiality Agreement 721, 722 Part I Section 2.1 720 Public Disclosure 721 Supplier Notification 712, 713 Transformers 115, 378 PCB 115,378,379 Transportation Exemption 533 296 ------- Key Words by Question Number INDEX Treatment 175 Treatment Efficiency 578, 585 Treatment for Destruction 124,129, 131, 400, 401, 494, 578, 579 Treatment Processes 338 TRI Facility Identification Number 615 Truck Drivers 29, 30 Truck Jobbers 41 TSCA114, 293 u UIC (See Underground Injection) 551 Ultimate Disposition 486, 525, 526, 527, 528, 537, 538, 557, 568 Underground Injection 536, 551 Underground Mine 253, 254 Unknown Composition 509 Upper Bound 101, 105 Used Motor Oil 291 V Vacation Hours 22 Validity 658 Vanadium Pentoxide 427 Vessels 4, 534 Vinyl Chloride 43 8 VOC 506 w Warehouse 99, 217 Waste 133, 184, 318, 329, 334, 696 Waste Ash 543 Waste Broker 554, 565 Waste Disposal 60, 61, 536 Waste Management Activities 60, 61, 123, 131, 587, 588, 590, 591, 592, 593, 596, 597 Waste Pile 541 Waste Reuse 529 Waste Rock 210, 341 Waste Treatment 409, 414, 456, 514, 515, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 590, 591 Wastestream 335 Wastewater 130, 250, 255 Wastewater Treatment 127, 152, 332, 338 Water Treatment 514, 515 Weekends 607 Welding Rods 269, 349 Wholly Owned Subsidiary 56 Wire 360, 361, 362 Withdrawal 653, 654, 655, 656, 657, 658, 659, 660, 661, 666, 667 Chemical Deletion 666 EPA Approval 659 EPA Contact 657 EPA Review 656 Validity 658 Withdrawal Requirements 660 Withdrawal Requirements 660 X XylenelSS, 322, 431,432 Mixed Isomers 431, 432 z Zeolite 445 Zero Releases 75, 506, 516 Zinc 430 297 ------- INDEX Key Words by Question Number This page intentionally left blank. 298 ------- v-xEPA United States Environmental Protection Agency (7408) Washington, DC 20460 Official Business Penalty for Private Use $300 REPORTING CRITERMCRH EXEMPTION6X TOXIC RELEASE/WASTED FORM A/FORM^ SUPPLIEBUPB TRADETRAD CHEMICALS MANAGEMENPJ SUBMISSIONSU NOTIFICATION^ SECRETSECR APPENDICE&P, ------- |