&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
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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?
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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.
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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?
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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).
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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.
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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?
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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
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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.
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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.
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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
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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?
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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
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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?
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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?
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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
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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
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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
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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
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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
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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
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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
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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.
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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);
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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
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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).
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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?
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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
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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
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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?
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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-
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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?
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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
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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
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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.
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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
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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
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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.
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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).
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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).
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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
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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
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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
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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?
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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.
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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.
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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.
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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.
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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.
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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.
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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?
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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1998 EPCRA Section 313 Questions and Answers
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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.
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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.
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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.
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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?
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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.
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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
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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.
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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.
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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
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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.
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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).
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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?
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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)).
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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:
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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(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
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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
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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.
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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.
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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
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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
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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
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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).
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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.
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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.
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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
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• 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.
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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
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• 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.
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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
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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
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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
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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;
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(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:
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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).
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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).
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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^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
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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
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APPENDIX D
1998 EPCRA Section 313 Questions and Answers
This page intentionally left blank.
284
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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
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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
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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
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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
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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
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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
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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
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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
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INDEX Key Words by Question Number
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298
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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,
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