&EPA
United States
Environmental Protection Agency
Office of Pollution
Prevention and Toxics
Washington, DC 20460
January 1999
EPA 745-B-99-001
EPCRA Section 313
Industry Guidance
METAL MINING FACILITIES
Section 313 of the
Emergency Planning and
Community Right-to-Know Act
Toxic Chemical Release Inventory
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TABLE OF CONTENTS
OVERVIEW iv
Chapter 1 - Introduction 1-1
1.0 PURPOSE 1-1
1.1 Background on EPCRA 1-2
Chapter 2 - Reporting Requirements 2-1
2.0 PURPOSE 2-1
2.1 Must You Report? 2-1
2.2 Definition of "Facility" 2-3
2.3 SIC Code Determination 2-4
2.4 Number of Employees 2-8
2.5 Manufacturing, Processing, and Otherwise Use of EPCRA
Section 313 Chemicals 2-9
2.6 Activity Thresholds 2-10
2.7 How Do You Report? 2-12
2.8 Form R 2-12
2.9 Form A 2-13
2.10 Trade Secrets 2-14
2.11 Recordkeeping 2-15
Chapter 3 - EPCRA Section 313 Threshold Determinations 3-1
3.0 PURPOSE 3-1
3.1 Step 1 - Determining which EPCRA Section 313 chemicals are
manufactured (including imported), processed, or otherwise used 3-1
3.2 Step 2. Determining the quantity of each EPCRA Section 313 chemical
manufactured (including imported), processed, or otherwise used 3-9
3.2.1 Concentration Ranges for Threshold Determination 3-24
3.2.2 Evaluation of Exemptions 3-26
3.2.2.1 Overburden Exemption 3-26
3.2.2.2 Laboratory Activities Exemption 3-27
3.2.2.3 DeMinimis Exemption 3-27
3.2.2.4 Article Exemption 3-29
3.2.2.5 Exemptions that Apply to the Otherwise Use of
EPCRA Section 313 chemicals 3-30
3.2.3 Additional Guidance on Threshold Calculations for
Certain Activities 3-32
3.2.3.1 Reuse Activities 3-32
3.2.3.2 Remediation Activities 3-32
3.3 Step 3. Determine which EPCRA Section 313 chemicals
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exceed a threshold 3-33
Chapter 4 - Estimating Releases and Other Waste Management Quantities 4-1
4.0 PURPOSE 4-1
4.1 General Steps for Determining Releases and Other
Waste Management Activities 4-3
4.1.1 Step 1: Identify Potential Sources of Chemical Release
and Other Waste Management Activities 4-3
4.1.2 Step 2: Prepare a Process Flow Diagram 4-4
4.1.3 Step 3: Identify On-Site Releases, Off-Site Transfers and/or
On-Site Waste Management Activity Types 4-4
4.1.4 Step 4: Determine the Most Appropriate Method(s) to Develop the
Estimates for Releases and Other Waste Management
Activity Quantities and Calculate the Estimates 4-14
4.1.4.1 Monitoring Data or Direct
Measurement (code M) 4-15
4.1.4.2 Mass Balance (code C) 4-16
4.1.4.3 Emissions Factors (code E) 4-17
4.1.4.4 Engineering Calculations (code O) 4-18
4.1.4.5 Estimating Releases and Other Waste Management
Quantities 4-19
4.1.5 Other Form R Elements 4-22
4.1.5.1 Maximum Amount On-Site (Part II,
Section 4.1 of Form R) 4-22
4.1.5.2 Production Ratio or Activity Index (Part II,
Section 8.9 of Form R) 4-22
4.1.5.3 Source Reduction (Part II,
Sections 8.10 and 8.11 of Form R) 4-23
4.2 Calculating Release and Other Waste Management Estimates at
Metal Mining Facilities 4-24
4.2.1 Air Emissions 4-25
4.2.2 Wastewater 4-34
4.2.3 Land 4-37
4.2.4 Transfers Off-site (Not Including Transfers to POTWs) 4-42
Appendix A TRI Guidance Resources
in
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OVERVIEW
On May 1, 1997, the U.S. Environmental Protection Agency (EPA) promulgated a final
rule (62 FR 23834) adding several new industrial sectors to the list of facilities subject to the
Emergency Planning and Community Right-To-Know Act (EPCRA) Section 313 reporting
requirements. Facilities affected by this rule are subject to the annual reporting requirements
beginning with activities conducted during the 1998 calendar year, with their first reports due by
July 1, 1999.
This document supersedes the document entitled Section 313 Emergency Planning and
Community Right-to-Know Act, Guidance for Metal Mining Facilities (Version 1.1), dated April
1998. It is intended to assist establishments and facilities designated by Standard Industrial
Classification (SIC) Major Group 10 (except SIC codes 1011, 1081, and 1094) in making
compliance determinations under the EPCRA Section 313 reporting requirements and preparing
Form R(s) or the Form A certification statement(s) as required. The EPCRA Section 313
program is commonly referred to as the Toxic Chemical Release Inventory (TRI) program.
The principal differences in the new document include the following:
• More detailed examples;
• Additional interpretive guidance prepared by EPA on various issues specific to
metal mining facilities;
• Industry process issues not discussed in the earlier document; and
• General format changes for program consistency.
This document is designed to be a supplement to the Toxic Chemical Release Inventory
Reporting Forms and Instructions {TRI Forms and Instructions), issued annually. It is organized
to provide a step-by-step guide to compliance with EPCRA Section 313, starting with how you
determine if your facility must report through completion of the Form R or Form A. While
certain information provided in this document may be used as a reference, specific information
available to facilities, such as amounts of chemicals in mixtures and other trade name products
used at the facility, may be more accurate and more appropriate for use in developing threshold
determinations and estimating releases and other waste management amounts. Under EPCRA
Section 313, facilities are instructed to use the best "readily available data", or when such data are
not available, use "reasonable estimates", in fulfilling their reporting requirements. This
document is organized in the following manner.
Chapter 1 serves as an introduction to TRI reporting and provides a brief background on
the Emergency Planning and Community Right-to-Know Act and information on where to obtain
additional compliance assistance.
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Chapter 2 begins with how to determine if your facility must report. This determination is
based on your answers to a series of four questions:
1. Is your facility's primary SIC code on the EPCRA Section 313 list?
2. Does your facility employ ten or more full time equivalent employees?
3. Does your facility manufacture, process, or otherwise use any EPCRA Section 313
chemicals?
4. Does your facility exceed any of the activity thresholds for an EPCRA Section 313
chemical?
If the answer to ANY ONE of the four questions above is "No" you are not required to
submit an EPCRA Section 313 report. If you answer "Yes" to ALL four questions, the next step
is determining which form(s), Form R or Form A, your facility should file. Chapter 2 provides
detailed information on the requirements for each kind of submission.
Chapter 2 concludes with a discussion on how you address trade secrets in your reporting
and the kinds of records you should be keeping to support your reporting.
Chapter 3 discusses how you calculate the activity thresholds (manufacture, process, and
otherwise use) for the EPCRA Section 313 chemicals. Information is provided on how you
determine which EPCRA Section 313 chemicals your facility manufactures, processes, or
otherwise uses and how you calculate the quantities of each. Detailed information is also
provided on the various exemptions.
Chapter 3 concludes with a discussion of how to determine which EPCRA Section 313
chemicals exceed a reporting threshold, including focused discussions on issues specific to metal
mining facilities.
Chapter 4 discusses how you calculate the release and other waste management amounts
for those EPCRA Section 313 chemicals for which you must prepare a report. This chapter
provides a step-by-step approach designed to minimize the risk of overlooking an activity
involving an EPCRA Section 313 chemical and any potential sources or types of releases and
other waste management activities that your facility may conduct. This procedure consists of the
following steps:
• Identification of potential sources of EPCRA Section 313 chemicals released and
otherwise managed as wastes;
• Preparation of a detailed process flow diagram;
• Identification of the potential types of releases and other waste management
activities from each source; and
• Determination of the most appropriate methods for estimating the quantities of
EPCRA Section 313 chemical releases and other waste management activities.
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The main part of Chapter 4 is organized around activities common to metal mining
facilities where EPCRA Section 313 chemicals are manufactured, processed, or otherwise used.
Process descriptions; guidance on thresholds determinations; release and other waste management
estimation techniques; and problems these types of facilities are likely to face in complying with
EPCRA Section 313 are also presented in this chapter.
This document includes examples of chemical management activities that metal mining
facilities may conduct, illustrating how these activities should be considered for EPCRA Section
313 reporting purposes. This chapter also notes areas where potential errors in reporting might
be encountered generally by metal mining facilities, which are based on information from written
comments received from industry representatives as well as from comments made by participants
in EPA-sponsored EPCRA workshops.
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Chapter 1 - Introduction
1.0 PURPOSE
The purpose of this guidance document is to assist metal mining facilities in Major Group
10 except for SIC codes 1011, 1081, and 1094 to comply with the reporting requirements of
Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)
and of Section 6607 of the Pollution Prevention Act of 1990 (PPA), commonly referred to as the
Toxic Release Inventory (TRI). On May 1, 1997, EPA promulgated a rule (62 FR 23834) to
require metal mining facilities, along with other industry groups, to be included on the list of
facilities subject to the EPCRA Section 313 reporting requirements. The new facilities are subject
to annual reporting requirements beginning with activities occurring in the 1998 calendar year,
with the first reports due by July 1, 1999.
This document explains the EPCRA Section 313 and PPA Section 6607 reporting
requirements (collectively referred to as the EPCRA Section 313 reporting requirements) and
discusses specific release and other waste management activities encountered at many facilities in
this industry. Because each facility is unique, the recommendations presented may have to be
adjusted to the specific nature of operations at your facility.
This document supersedes the document entitled Section 313 Emergency Planning and
Community Right-to-Know Act, Guidance for Metal Mining Facilities, dated October 1997.
The document is intended to supplement the Toxic Chemical Release Inventory Reporting
Forms and Instructions (TRI Forms and Instructions) document which is updated and published
annually by the U.S. Environmental Protection Agency (EPA). It is essential that you use the
most current version of the TRI Forms and Instructions to determine whether (and how) you
should report. Changes or modifications to TRI reporting requirements are reflected in the annual
TRI Forms and Instructions and should be reviewed before compiling information for the report.
The objectives of this manual are to:
• Clarify EPCRA Section 313 requirements for industry;
• Increase the accuracy and completeness of the data being reported by metal mining
facilities; and
• Reduce the level of effort expended by those facilities that prepare an EPCRA
Section 313 report.
While it is not possible to anticipate every potential issue or question that may apply to
your facility, this document attempts to address those issues most prevalent or common to metal
mining facilities. Facilities should also rely on EPA's Estimating Releases and Waste Treatment
Efficiencies for the Toxic Chemical Release Inventory Form document to assist in providing
complete and accurate information for EPCRA Section 313 reporting. Additional discussion
addressing specific issues can be found in EPA's current version of EPCRA Section 313
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Questions and Answers. All of these documents are available on the EPA's TRI website
(http://www.epa.gov/opptintr/tri) or by contacting the EPCRA Hotline at 1-800-424-9346. In the
Washington, DC metropolitan area, call 703-412-9810. The EPCRA Hotline TDD number is 1-
800-553-7672, or in the Washington, DC metropolitan area, call 703-412-3323.
1.1 Background on EPCRA
One of EPCRA's primary goals is to increase the public's knowledge of, and access to,
information on both the presence and release and other waste management activities of EPCRA
Section 313 chemicals in their communities. Under EPCRA Section 313, certain facilities (see
SIC code discussion, Chapter 2.3) exceeding certain thresholds (see Chapter 2.5) are required to
submit reports (commonly referred to as Form Rs or Form A certification statements) annually for
over 600 EPCRA Section 313 chemicals and chemical categories and the amounts that enter an
environmental medium or are otherwise managed as waste, even if there are no releases or other
waste management quantities associated with these chemicals. Chemicals are considered by EPA
for inclusion on the EPCRA Section 313 list based on their potential for acute health effects,
chronic health effects, and environmental effects. Chemicals may be added or deleted from the
list. Therefore, before completing your annual report, be sure to check the most current list
included with the TRI Forms and Instructions when evaluating the chemicals managed at your
facility. Copies of the reporting package can be requested from the EPCRA Hotline, as indicated
above, or from the Internet at http://www.epa.gov/opptintr/tri/report.htm.
All facilities meeting the EPCRA Section 313 reporting criteria must submit either a Form
R or Form A. A separate submission is required for each EPCRA Section 313 chemical or
chemical category that is manufactured (including imported), processed, or otherwise used above
the reporting threshold. Reports must be submitted to EPA and State or Tribal governments, on
or before July 1, for activities in the previous calendar year. The owner/operator of the facility on
July 1 of the reporting deadline is primarily responsible for the report, even if the owner/operator
did not own the facility during the reporting year. However, property owners with no business
interest in the operation of the facility, for example, owners of an industrial park who only have a
real estate interest, are not responsible for any reporting requirements.
EPCRA also mandates that EPA establish and maintain a publicly available database
consisting of the information reported under Section 313, and applicable PPA information. This
database, known as the Toxic Chemical Release Inventory (TRI), can be accessed through the
following sources:
• National Library of Medicine (NLM) TOXNET on-line system;
• EPA's Internet site, http://www.epa.gov/opptintr/tri;
• Envirofacts Warehouse Internet site,
http://www. epa.gov/enviro/html/tri s/tris_overview.html;
• CD-ROM from the Government Printing Office (GPO);
• Microfiche in public libraries;
• Magnetic tape and diskettes from the National Technical Information Service; and
• EPA's annual TRI data release materials (summary information).
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In addition to being a resource for the public, TRI is also used in the research and
development of regulations related to EPCRA Section 313 chemicals.
Alternative Submission (Form A)
To reduce the burden for facilities that must comply with EPCRA Section 313, EPA has
established an alternate threshold of one million pounds manufactured, processed, or otherwise
used for facilities with total annual reportable amounts of 500 pounds or less of the EPCRA
Section 313 chemical. Provided the facility does not exceed either the reportable amount or the
alternate threshold, the facility may file a certification form (Form A) rather than a Form R. By
filing the Form A, the facility certifies that it did not exceed the reportable amount or exceed the
alternate threshold. (See Chapter 2.9 for more detail.)
Note that the annual reportable amount includes the quantity of EPCRA Section 313
chemicals in all production-related waste management activities, not just releases (see the waste
management discussion in Chapter 4 for more detail). Also, a covered facility must submit either
a Form A or a Form R for each EPCRA Section 313 chemical exceeding an applicable reporting
threshold even if there are no releases or other waste management quantities.
Enforcement
Violation of Section 313 reporting provisions may result in federal civil penalties of up to
$27,500 per day. State enforcement provisions may also be applicable depending on the state's
adoption of any "EPCRA Section 313-like" reporting regulations.
Regulatory Assistance Resources
The TRI Forms and Instructions also contain a discussion of common problems in
completing the Form R. You are encouraged to read this section before filling out the Form R (or
Form A) for your facility. If, after reading both the TRI Forms and Instructions and this guidance
document, you still have questions about EPCRA Section 313 reporting, please contact the
EPCRA Hotline at 1-800-424-9346, or 703-412-9810 in the Washington, DC metropolitan area.
The EPCRA Hotline TDD number is 1-800-553-7672, or in the Washington, DC metropolitan
area, call 703-412-3323. Assistance is also available from the designated EPCRA Section 313
Coordinator in the EPA regional office and the EPCRA contact in your state (see the TRI Forms
and Instructions for a current list of these contacts). Appendix C contains a list of additional
reference sources.
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Chapter 2 - Reporting Requirements
2.0 PURPOSE
The purpose of this chapter is to help you determine whether you must prepare an EPCRA
Section 313 submission(s) and, if so, what kind of a submission(s) you should prepare (Form R or
Form A). This chapter presents the EPCRA Section 313 reporting requirements to help you
determine whether these requirements apply to your facility. It also discusses the records that you
must keep. The following terms and concepts are described in this chapter to help you understand
the scope of Section 313 reporting and determine whether you need to report, including:
• Definition of facility;
• SIC code determination;
• Employee determination;
• Definitions of manufacture, process, and otherwise use; and
• Determination of whether you exceed one of the thresholds.
2.1 Must You Report?
How do you determine if your facility must prepare an EPCRA Section 313 report? This
is decided by your answers to the following four questions (illustrated by Figure 2-1):
1) Is the primary SIC code(s) for your facility included in the list covered by EPCRA
Section 313 reporting (see Chapter 2.3)?
2) Does your facility employ 10 or more full time employees or the equivalent (see
Chapter 2.4)?
3) Does your facility manufacture (which includes importation), process, or otherwise
use EPCRA Section 313 chemicals (see Chapter 2.5)?
4) Does your facility exceed any applicable thresholds of EPCRA Section 313
chemicals (25,000 pounds per year for manufacturing; 25,000 pounds per year for
processing; or 10,000 pounds per year for otherwise use - see Chapter 3)?
If you answered "No" to any of the four questions above, you are not required to prepare
any submissions under EPCRA Section 313. If you answered "Yes" to ALL of the first three
questions, you must perform a threshold determination for each EPCRA Section 313 chemical at
the facility, and submit a Form R or Form A for each chemical exceeding a threshold.
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Is Your Facility in a Covered SIC Code?
(See Chapter 2.2)
YES
Does Your Facility Have 10 or More Full-
Time Employees or the Equivalent?
(See Chapter 2.3)
YES
Does Your Facility Manufacture, Process, or
Otherwise Use Any EPCRA Section 313
Chemicals?
(See Chapter 2.4)
YES
Does Your Facility Exceed Any of the
Thresholds for a Chemical (after excluding
quantities that are exempt from threshold
calculations)?
(See Chapter 2.5)
YES
AN EPCRA SECTION 313 REPORT IS
REQUIRED FOR THIS CHEMICAL
YES
NO
NO
NO
NO
STOP
NO EPCRA SECTION 313
REPORTS REQUIRED
FOR ANY CHEMICALS
Is the amount manufactured, OR processed, OR otherwise used less than or equal to 1,000,000 pounds AND
is the reportable amount less than or equal to 500 Ibs/yr?
(See Chapters 2.7,2.8, and 2.9)
YES
FORM A or FORM R IS REQUIRED FOR
THIS CHEMICAL
NO
FORM R IS REQUIRED FOR THIS
CHEMICAL
(FORM A CANNOT BE SUBMITTED)
Figure 2-1. TRI Reporting Determination Diagram
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2.2 Definition of "Facility"
To understand the applicability of EPCRA Section 313, you must first understand how
EPCRA defines a facility. The term "facility" is defined as "all buildings, equipment, structures,
and other stationary items which are located on a single site or on contiguous or adjacent sites and
which are owned or operated by the same person (or by any person which controls, is controlled
by, or is under common control, with such person). A facility may contain more than one
establishment" (40 CFR 372.3). An "establishment" is defined as "an economic unit, generally at
a single physical location, where business is conducted, or services or industrial operations are
performed" (40 CFR 372.3).
EPA recognizes that some facilities have unique and separate activities ("establishments")
taking place at the same facility, and for some of these facilities it may be easier and more
appropriate for individual establishments to manage their chemical usage and management
information separately. EPA provides for these cases and allows individual establishments at the
same facility to report separately. However, for threshold determinations, quantities of EPCRA
Section 313 chemicals manufactured, processed, or otherwise used in all establishments in that
facility must be combined and considered together. Also, the combined releases and other waste
management activities reported separately for each establishment must equal those for the facility
as a whole.
Example - Multiple Establishments
Your facility is comprised of two different establishments, and has determined that it is covered by EPCRA
Section 313. One establishment used 3,000 pounds of an EPCRA Section 313 chemical to beneficiate an ore
during the year. Another establishment used 8,000 pounds of the same chemical for on-site cleaning processes
during the year. Both activities constitute an "otherwise use" of the EPCRA Section 313 chemical (as presented
in Section 2.5 and described in detail in Chapter 3) and together, the total quantity otherwise used at the facility
exceeded the 10,000 pound otherwise use threshold for the year. If your facility meets the employee threshold,
you must file either a Form R or a Form A for that chemical. EPA allows multi-establishment facilities to
submit Form Rs from each establishment for an EPCRA Section 313 chemical when thresholds have been
exceeded at the facility level. Please note that Form A eligibility is also made at the facility-level, but only one
Form A should be submitted per chemical for the entire facility.
Contiguous and/or Adjacent Facilities In defining the parameters of your facility, you
must consider all buildings and other stationary items located on multiple contiguous or adjacent
sites that are owned or operated by the same person for EPCRA reporting purposes. For
example, a mining company could own a very large piece of property with a copper mine at one
end, a gold mine at the other, and a public road separating the two mines. The amount of each
EPCRA Section 313 chemical manufactured, processed, or otherwise used and the number of
employees must be aggregated for all of these contiguous or adjacent sites to determine whether
the entire facility meets reporting thresholds. If a company's operations are carried out at two
distinctly separate, physical sites that are not contiguous or adjacent, that company is operating
two separate facilities for the purposes of EPCRA reporting. The company, therefore, must make
SIC code, employee, threshold determinations, and if appropriate, release and other waste
management estimates individually for each facility.
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If two establishments owned or operated by the same company are connected to each
other by a piece of property that is owned by one of the establishments or the same parent
corporation, or if they are separated by an easement (e.g., railroad tracks, public road, public
catchment basin), they are still considered to be contiguous or adjacent and are therefore part of
the same facility. Both "establishments" may report together as the same facility or they may
report separately provided threshold determinations are based on activities at the entire facility
and that the sum of the releases of the establishments reflects the total releases of the whole
facility. Facility operations that are not connected to each other by a piece of property, that is
commonly owned, controlled, or operated by the same person(s), are not considered contiguous
and may be considered two separate facilities. However, if these operations are relatively near
each other, they may be considered adjacent; in which case, they would be part of the same
facility.
2.3 SIC Code Determination
Facilities with the SIC codes presented in Table 2-1 are covered by the EPCRA
Section 313 reporting requirements.
Table 2-1
SIC Codes Covered by EPCRA Section 313 Reporting
SIC Code Industry Sectors
SIC Codes
10
12
20 through 39
491 1,4931, and 4939
4953
5169
5171
7389
Industry
Metal Mining
Coal Mining
Manufacturing
Electric and Other Services and
Combination Utilities
Refuse Systems
Chemicals and Allied Products
Petroleum Bulk Stations and
Terminals
Business Services
Qualifiers
Except SIC codes 1011, 1081, and
1094
Except SIC code 1241
None
Limited to facilities that combust coal
and/or oil for the purpose of generating
electricity for distribution in commerce
Limited to facilities regulated under
RCRA Subtitle C
None
None
Limited to facilities primarily engaged
in solvent recovery services on a contract
or fee basis
Metal mining facilities subject to EPCRA Section 313 are in SIC Major Group 10. This
major group includes establishments primarily engaged in mining, developing mines, or exploring
for metallic minerals (ores). These ores are valued chiefly for the metals they contain. The metals
generally are recovered for uses as such or as constituents of alloys, chemicals, pigments or other
products. This major group also includes all ore dressing and beneficiating operations, whether
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performed at mills operated in conjunction with the mines served or at mills, such as custom mills,
operated separately. These include mills that crush, grind, wash, dry, sinter, calcine, or leach ore,
or perform gravity separation or flotation operations. When performed by operators of the
properties, exploration under preliminary phases of operation should be classified according to the
type of ore expected to be found. Table 2-2 describes all 4-digit SIC codes in Major Group 10.
For further descriptions of these SIC codes, consult the Standard Industrial Classification
Manual, 1987, published by the Office of Management and Budget.
Three 4-digit SIC codes within SIC
Major Group 10 are not subject to EPCRA
Section 313. Facilities with primary SIC
codes 1011 (iron ores), 1081 (metal mining
services), and 1094
(uranium-radium-vanadium ores) are not
subject to EPCRA Section 313. Table 2-2
provides descriptions of these SIC codes.
Although facilities whose primary SIC code is
1011, 1081, or 1094 are not covered by
EPCRA Section 313, if a facility whose
primary SIC code is covered has an
establishment in one of these three SIC codes
(1011, 1081, or 1094), the facility must still
consider the activities conducted by these
establishments towards the facility's employee
and activity threshold determinations and, as
appropriate, release and other waste
management calculations. For example, a
facility whose primary SIC code is 1061 -
ferroalloy ores, a covered SIC code, may have
an establishment in SIC code 1011 - iron
ores, which is not a covered SIC code. If the
facility exceeds the employee threshold, it
must include activities that occur at the iron ore establishment in the facility's threshold
determination along with ferroalloy activities. If the facility exceeds an activity threshold for an
EPCRA Section 313 chemical, the facility must report any releases and other waste management
activities of that chemical, including those that occur at the iron ore establishment.
SIC Code 1081 - Metal Mining Services
SIC code 1081 represents establishments primarily
engaged in performing metal mining services for
others on a contract or fee basis, such as the removal
of overburden (see Table 2-2 for more detail about
SIC code 1081). Facilities in this SIC code are not
subject to EPCRA Section 313. However, if your
facility is in a covered SIC code, and contracts a
business in SIC code 1081 to do work at your facility,
you must consider the contractor's work when
making employee and activity threshold
determinations, and when calculating release and
other waste management quantities for your
"covered" facility.
For example, El Silver Mine, a facility in SIC code
1044, contracts Drillers Inc. to perform drilling
operations at the facility. El Silver Mine is in a
covered SIC code, while Drillers Inc. is not in a
covered SIC code. El Silver Mine must include
Drillers Inc. in its employee and activity thresholds,
and if filing a Form R, the mine must include releases
and other waste management activities associated
with the drilling activities.
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Table 2-2
Metal Mining SIC Codes
SIC Codes Subject to EPCRA Section 313
1021 - Copper Ores:
Chalcocite mining; Chalcopyrite mining; Copper ore mining; Cuprite mining
1031 - Lead And Zinc Ores:
Blende (zinc) mining; Calamine mining; Cerrusite mining; Galena mining; Lead ore mining; Lead-zinc ore
mining; Smithsonite mining; Sphalerite mining; Willemite mining; Zinc ore mining; Zinc-blende (sphalerite)
mining; Zincite mining
1041 - Gold Ores:
Bullion, gold: produced at mine, mill, or dredge site; Calaverite mining; Lode gold mining; Placer gold
mining; Sylvanite mining; Telluride (gold) mining
1044 - Silver Ores:
Bullion, silver: produced at mine or mill site; Silver ore mining
1061 - Ferroalloy Ores, Except Vanadium:
Chromite mining; Chromium ore mining; Cobalt ore mining; Columbite mining; Ferberite; mining; Huebnerite
mining; Manganese ore mining; Manganite mining; Molybdenite mining; Molybdenum ore mining;
Molybdite mining; Nickel ore mining; Psilomelane mining; Pyrolusite mining; Rhodochrosite mining;
Scheelite mining; Tantalite mining; Tantalum ore mining; Tungsten ore mining; Wolframite mining; Wulfenite
mining
1099 - Miscellaneous Metal Ores, Not Elsewhere Classified:
Aluminum ore mining; Antimony ore mining; Bastnasite ore mining; Bauxite mining; Beryl mining; Beryllium
ore mining; Cerium ore mining; Cinnabar mining; Ilmenite mining; Iridium ore mining; Mercury ore mining;
Microlite mining; Monazite mining; Osmium ore mining; Palladium ore mining; Platinum group ore mining;
Quicksilver (mercury) ore mining; Rare-earths ore mining; Rhodium ore mining; Ruthenium ore mining; Rutile
mining; Thorium ore mining; Tin ore mining; Titaniferous-magnetite mining value chiefly for titanium content;
Titanium ore mining; Zirconium ore mining
While you are currently required to determine your facility's reporting eligibility based on
the SIC code system described above, it is important to be aware that the SIC code system will be
replaced by a new system in the future. On April 9, 1997 (62 FR 17287), the Office of
Management and Budget promulgated the North American Industrial Classification System
(NAICS). NAICS is a new economic classification system that replaces the SIC code system as a
means of classifying economic activities for economic forecasting and statistical purposes. The
transition to the new NAICS may require statutory and/or regulatory actions. As a result, the SIC
code system is still required to be used as the mechanism to determine your facility's reporting
eligibility. EPA will issue notice in the Federal Register to inform you and other EPCRA Section
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313 facilities of its plans to adopt the NAICS and how facilities should make their NAICS code
determination.
Primary SIC Code Determination. Assuming your facility has several establishments with
different SIC codes that are owned or operated by the same entity, you will need to determine if
your facility has a primary SIC code that is subject to EPCRA Section 313. Your facility is
subject to EPCRA Section 313 reporting requirements if:
• All the establishments have SIC codes covered by EPCRA Section 313; OR
• The total value of the products shipped or services provided at establishments with
covered SIC codes is greater than 50% of the value of the entire facility's products
and services; OR
• Any one of the establishments with a covered SIC code ships and/or produces
products or provides services whose value exceeds the value of services provided
or products produced and/or shipped by all of the other establishment within the
facility on an individual basis.
To determine the value of production or service attributable to a particular establishment,
you can subtract the product or service value obtained from other establishments from the total
product or service value of the facility. This procedure eliminates the potential for "double
counting" production or service in situations where establishments are engaged in sequential
production activities at a single facility.
Example - Primary SIC Code
A facility has two establishments. The first, a ferroalloy ore mine in SIC code 1061, is in a covered SIC code.
The second establishment, an iron ore mine in SIC code 1011, is not in a covered SIC code. The facility
determines that the ferroalloy ore mine' s value is $ 1,000,000 per year whereas the value of the iron ore mine is
$500,000 per year. The value of the ferroalloy ore mining establishment is more than 50% of the facility's
value; therefore, the primary SIC code of the facility is 1061 and the entire facility is subject to EPCRA Section
313 reporting.
Auxiliary Facilities Some companies may own and/or operate a non-contiguous and
non-adjacent facility that primarily supports a covered EPCRA Section 313 facility. These
auxiliary facilities assume the SIC code of a covered facility that it directly supports. For
example, an off-site warehouse that directly supports a copper mine (SIC code 1021) must
assume the SIC code 1021 itself. For the purposes of EPCRA Section 313, auxiliary facilities
must be engaged in performing support services for another facility or establishment within a
covered facility. Therefore, if an auxiliary facility's primary function is to support/service a
covered metal mining facility, the auxiliary facility may assume the SIC code of the main facility
and may then be covered by the EPCRA Section 313 reporting requirements for purposes of the
facility's SIC code.
2.4 Number of Employees
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Facilities must also meet or exceed the 10 or more full-time employees or equivalent
criterion to be subject to EPCRA Section 313 reporting requirements. A full-time employee
equivalent is defined as a work year of 2,000 hours. If your facility's staff (including contractors
and certain other non-company personnel) work 20,000 or more hours in a calendar year, you
meet the 10 or more full-time employee criterion. While many facilities may easily exceed this
criterion, your facility may be small or highly automated and your on-site staff may be small. In
these cases, in particular, you should carefully consider all personnel supporting your operations
to determine if you meet the 10 or more full-time employee criterion.
The following personnel and time should be included in your employee calculations:
• Owners working at the facility;
• Operations staff;
• Clerical staff;
• Temporary employees;
• Sales personnel;
• Truck drivers (employed by the facility);
• Other off-site facility employees directly supporting the facility;
• Paid vacation and sick leave; and
• Contractor employees (excluding contract truck drivers).
In general, if an individual is employed or hired to work at the facility, all the hours
worked by that individual must be counted in determining if the 20,000 hour criterion has been
met.
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Example - Calculating Employees
Your facility is a small metal mine with eight full-time employees. These full-time employees work throughout
the year, except three weeks over the winter holidays when the mine is shut down. Two of the full-time
employees are administrative personnel, and work an average of eight hours per day, five days per week, 49
weeks per year. The other six full-time employees work in the mine 12 hours per day, 4 days per week, 49
weeks per year. The beneficiation plant (on-site and owned by the facility) is operated by a contractor who has
three personnel, each working 2,000 hours per year. A two-person exploration crew, based at the facility, work
500 hours per year each, conducting geophysical surveys off-site during the summer. Finally, you hired a
contractor to remove overburden from a new portion of the mine. The contractor used two personnel who were
on site full time for six months (working on average of 1,000 hours each). You would calculate the number of
full-time employee equivalents as follows:
• Hours for your two administrative full-time employees are:
2 employees x 8 hours/day x 5 days/week x 49 weeks/year = 3,920 hours;
• Hours for the six employees working in the mine are:
6 employees x 12 hours/day x 4 days/week x 49 weeks = 14,112
• Hours for the contractor operating the beneficiation plant are:
3 contractor personnel x 2,000 hours = 6,000 hours.
• Hours for the exploration crew are:
2 employees x 500 hours/year = 1,000 hours;
• Hours for the contractor removing overburden:
2 contractor personnel x 1,000 hours = 2,000 hours.
This is a total of 27,032 hours for the year, which is above the 20,000 hours/year threshold; therefore, you meet
the employee criterion.
2.5 Manufacturing, Processing, and Otherwise Use of EPCRA Section 313 Chemicals
If you have determined that your facility meets the SIC code and employee threshold
determinations, you must determine what EPCRA Section 313 chemicals are manufactured,
processed, or otherwise used at your facility during the reporting year and whether an activity
threshold was exceeded. This section of the chapter will introduce the terms and concepts behind
this determination; whereas, Chapter 3 will take you through a detailed step-by-step process to
determine whether you need to report for any EPCRA Section 313 chemicals.
Identifying Chemicals. If you are in a covered SIC code and have 10 or more full-time
employee equivalents, you must determine which EPCRA Section 313 chemicals are
manufactured, processed, or otherwise used at your facility in excess of threshold quantities. To
assist in doing this, you should prepare a list of all chemicals manufactured, processed, or
otherwise used by all establishments at the facility, including the chemicals present in mixtures and
other trade name products and managed in wastes received from off-site. This list should then be
compared to the CURRENT list of EPCRA Section 313 chemicals found in the TRI Forms and
Instructions document for that reporting year (available from the EPCRA Hotline, 1-800-424-
9346 or at the website: http://www.epa.gov/opptintr/tri). In addition to the individually listed
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chemicals, the list of EPCRA Section 313 chemicals includes several chemical categories
(discussed in detail in Chapter 3). You must include chemical compounds that are members
included in any of these categories when evaluating activities at the facility for threshold
determinations and release and waste management calculations. Once you identify the EPCRA
Section 313 chemicals and chemical categories at your facility, you must evaluate the activities
involving each chemical or chemical category and determine whether any activity thresholds have
been met.
Note that chemicals are periodically added, delisted, or modified. Therefore, it is
imperative that you refer to the appropriate reporting year's list. Also, note that a list of
synonyms for EPCRA Section 313 chemicals can be found in the EPA publication Common
Synonyms for Chemicals Listed Under Section 313 of the Emergency Planning and Community
Right-To-Know Act (updated March 1995).
2.6 Activity Thresholds
There are three activity thresholds for the EPCRA Section 313 chemicals defined in
EPCRA Section 313: manufacturing (which includes importing), processing, and otherwise use.
The activity thresholds are 25,000 pounds per year for manufacturing, 25,000 pounds per year for
processing, and 10,000 pounds per year for otherwise use. These thresholds apply to each
chemical individually. The determination is based solely on the quantity actually manufactured
(including imported), processed, or otherwise used. Only the amounts of the EPCRA Section 313
chemical that meet activity definitions are considered towards threshold determinations. Any
other amounts not considered to be manufactured, processed, or otherwise used are not
considered toward threshold determinations. For example, EPCRA Section 313 chemicals that
are brought on-site (excluding amounts imported) and stored for future use or disposal, but are
not incorporated into a product for distribution or are not otherwise used on-site during the
reporting year, are NOT considered towards any activity threshold for that reporting year.
More detailed explanations of threshold activities (manufactured, processed, or otherwise
used), with examples of each are found in Chapter 3, Tables 3-3, 3-4, and 3-5. These terms are
briefly defined in Table 2-3, with a detailed discussion to follow:
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Table 2-3
Activity Thresholds
Activity
Definition
Threshold
(Ibs/yr)
Manufacture
To produce, prepare, import, or compound an EPCRA Section 313 chemical.
"Manufacture" applies to an EPCRA Section 313 chemical that is produced
coincidentally during the manufacture, processing, otherwise use, or
disposal of another chemical or mixture of chemicals as a byproduct or
impurity. Examples would be the production of ammonia or nitrate
compounds in a wastewater treatment system or the creation of metal
compounds during the combustion of coal.
25,000
Process
The preparation of an EPCRA Section 313 chemical, after its manufacture,
for distribution in commerce:
(1) In the same form or physical state as, or in a different form or
physical state from, that in which it was received by the person so
preparing such chemical; or
(2) As part of an article containing the EPCRA Section 313
chemical.
For example, if you receive a mixture containing an EPCRA Section 313
chemical, and package it, including transferring it from a storage tank to a
tank truck, and then distribute it into commerce, this chemical has been
processed by your facility.
25,000
Otherwise
Use
Generally, use of an EPCRA Section 313 chemical that does not fall under
the manufacture or process definitions is classified as otherwise use. An
EPCRA Section 313 chemical that is otherwise used is not intentionally
incorporated into a product that is distributed in commerce, but may be used
instead as a manufacturing or processing aid (e.g., catalyst), in waste
processing, or as a fuel (including waste fuel). For example, methanol used
as a cleaning solvent is classified as otherwise used.
Otherwise use means "any use of a toxic chemical contained in a
mixture or other trade name product or waste, that is not covered by
the terms "manufacture" or "process." Otherwise use of an EPCRA
Section 313 chemical does not include disposal, stabilization
(without subsequent distribution in commerce), or treatment for
destruction unless the:
1) EPCRA Section 313 chemical that was disposed, stabilized, or
treated for destruction was received from off-site for the purposes of
further waste management; or
2) EPCRA Section 313 chemical that was disposed, stabilized, or
treated for destruction that was manufactured as a result of waste
management activities on materials received from off-site for the
purposes of further waste management activities."
10,000
There are some activities which do not meet the definitions of manufacture, process, or
otherwise use. For instance, storage, relabeling, or redistribution of an EPCRA Section 313
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chemical where no repackaging occurs does not constitute manufacturing, processing, or
otherwise use of that chemical. This type of activity should not be included in threshold
calculations. In addition, transfers of wastes for energy recovery, treatment, or disposal are not
considered "distribution into commerce." For example, if you receive a waste from off-site and
repackage the waste and send it to a landfill off-site, that activity should not be included in
threshold determinations.
Also, note that the threshold determinations for the three threshold activities
(manufacturing, processing, and otherwise use) are mutually exclusive. That is, you must conduct
a separate threshold determination for each threshold activity and if you exceed any threshold, all
releases and other waste management activities of EPCRA Section 313 chemicals at the facility
must be considered for reporting.
2.7 How Do You Report?
You must file a report (Form R) for each EPCRA Section 313 chemical that exceeds a
threshold for manufacturing, OR processing, OR otherwise use (providing you meet the employee
and SIC code criteria). As an alternative, you may file a Form A certification statement rather
than a Form R if you meet certain criteria as explained in Chapter 2.9. The TRI Forms and
Instructions contain detailed directions for the preparation and submittal of Form R and Form A
for each EPCRA Section 313 chemical for the reporting year. The TRI Forms and Instructions
are sent to all facilities which submitted Form Rs or Form As the preceding year. However, if you
do not receive a courtesy copy or did not report in the preceding year, then copies of the TRI
Forms and Instructions can be requested from the EPCRA Hotline (1-800-424-9346) or obtained
from EPA's TRI website (http://www.epa.gov/opptintr/tri).
2.8 FormR
If you are submitting a Form R, it is essential that you use the TRI Forms and Instructions
for the appropriate reporting year. EPA encourages the electronic submittal of the Form R, via
the Automated TRI Reporting System (ATRS). Use of the ATRS saves time in data entry and
photocopying and reduces errors by means of automated validation procedures. The ATRS
produces a certification letter with each validated submission (set of EPCRA Section 313 reports)
which provides for an original signature to certify that the submission is accurate and correct. The
ATRS is available free of charge from EPA's TRI website at http://www.epa.gov/opptintr/afir.
The ATRS is available in both DOS and Windows versions. More information can be
found in the TRI Forms and Instructions., EPA's TRI website, or by calling the ATRS User
Support Hotline at (703) 816-4434.
Each Form R must consist of two parts:
Part I. Facility Identification Information. This part of the form provides general
information to identify the facility, including the name and address of the facility, parent
company information, and identification numbers used under reporting regulations. When
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submitting hard copies of Form R, this part may be photocopied and re-used for each
Form R you submit, except for the signature which must be original for each Form R; and
Part IL Chemical Specific Information. This part of the form provides chemical-specific
information on the reportable activities, releases, other waste management estimates, and
source reduction activities for the reporting year. This must be completed separately for
each EPCRA Section 313 chemical or chemical category and not reused year to year even
if reporting has not changed.
Submission of incomplete Form Rs may result in an issuance of a Notice of Technical
Error (NOTE), Notice of Significant Error (NOSE), or Notice of Non-compliance (NON). See
the current TRI Forms and Instructions for more detailed information on completing and
submitting the Form R. The ATRS has a validation program which helps to identify and eliminate
many potential data entry errors.
2.9 Form A
EPA developed the Form A, also referred to as the "Certification Statement," to reduce
the annual burden for facilities with lesser amounts of EPCRA Section 313 chemicals released
and/or otherwise managed as a waste, applicable beginning reporting year 1995 and beyond (59
FR 61488; November 30, 1994). A facility must meet the following two criteria in order to use a
Form A:
• First, the amount of the chemical manufactured, processed, OR otherwise used
cannot exceed 1,000,000 pounds. It is important to note that the quantities for
each activity are mutually exclusive and must be evaluated independently. If the
quantity for any one of the activities exceeds 1,000,000 pounds, a Form A cannot
be submitted.
• Second, the total annual reportable amount of the EPCRA Section 313 chemical
cannot exceed 500 pounds per year. The "reportable amount" is defined as the
sum of the on-site amounts released (including disposal), treated, recycled, and
combusted for energy recovery, combined with the sum of the amounts transferred
off-site for recycling, energy recovery, treatment, and/or release (including
disposal). This total corresponds to the total of data elements, 8.1 through 8.7 in
Part II of the Form R (explained in Chapter 4).
Example - Form A Threshold
During the reporting year, a facility adds 30,000 pounds of an EPCRA Section 313 chemical to a beneficiation
step, which exceeds the 10,000 pound threshold for otherwise use. The chemical is used in a closed loop reuse
system, and the total annual reportable amount for that chemical (the sum of Sections 8.1 through 8.7 of the
chemical's Form R) is less than 500 pounds. Because the facility did not exceed the alternate threshold of one
million pounds for manufacturing, processing or otherwise use and the facility's total reportable quantity does
not exceed 500 pounds, the facility has the option of submitting either a Form R or Form A.
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The Form A Certification Statement must be submitted for each eligible EPCRA
Section 313 chemical. The information on the Form A is included in the publicly accessible TRI
database, however these data are marked to indicate that they represent certification statements
rather than Form Rs. Note that separate establishments at a facility cannot submit separate
Form As for the same chemical; rather, only one Form A per EPCRA Section 313 chemical can
be submitted per facility.
Like the Form R, Form A includes facility identification information. However, no release
and other waste management estimations to any media are provided. You must simply certify that
the total annual reportable quantity of the chemical or chemicals addressed in the Form A did not
exceed 500 pounds and that amounts manufactured, or processed, or otherwise used did not
exceed one million pounds. Once a facility has completed estimates to justify the submission of a
Form A, there is a considerable time savings in using the Form A especially in subsequent years
provided activities related with the chemical do not change significantly. It is strongly
recommended that you document your initial rationale and reconfirm it every year to verify that
you have not made any modifications to the process that would invalidate the initial rationale
supporting submission of a Form A.
2.10 Trade Secrets
EPCRA's trade secrets provision only applies to the EPCRA Section 313 chemical
identity. If you submit trade secret information, you must prepare two versions of the
substantiation form as prescribed in 40 CFR Part 350, published in the Federal Register on July
29, 1988, (53 FR 28801) as well as two versions of the Form R. One set of forms should be
"sanitized" (i.e., it should provide a generic name for the EPCRA Section 313 chemical identity).
This version will be made available to the public. The second version, the "unsanitized" version,
should provide the actual identity of the EPCRA Section 313 chemical and have the trade secret
claim clearly marked in Part I, Section 2.1 of the Form R or Form A. All other parts of the Form
R or Form A must be filled out accordingly.
Individual states may have additional criteria for confidential business information and the
submittal of both sanitized and unsanitized reports for EPCRA Section 313 chemicals. Facilities
may jeopardize the trade secret status of an EPCRA Section 313 chemical by submitting an
unsanitized version to a state agency or Indian tribe that does not require an unsanitized version.
More information on trade secret claims, including contacts for individual state's
submission requirements, can be found in the most current version of the TRI Forms and
Instructions.
2.11 Recordkeeping
Complete and accurate records are absolutely essential to meaningful compliance with
EPCRA Section 313 reporting requirements. Compiling and maintaining good records will help
you to reduce the effort and cost in preparing future reports and to document how you arrived at
the reported data in the event of an EPA compliance audit. EPA requires you to maintain records
substantiating the Form R or Form A submission for a minimum of three years from the date of
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submission. Each facility must keep copies of the Form R or Form A along with all supporting
documents, calculations, work sheets, and other forms that you use to prepare the Form R or
Form A. EPA may request this supporting documentation during a regulatory audit.
Specifically, EPA requires that the following records be maintained for a period of three
years from the date of the submission of a report (summarized from 40 CFR 372.10):
1) A copy of each report that is submitted;
2) All supporting materials and documentation used by the person to make the
compliance determination that the facility or establishment is a covered facility;
3) Documentation supporting the report that is submitted, including documentation
supporting:
•
• Threshold determinations;
• Employee threshold determinations (including timesheets);
• Claimed allowable exemptions;
• Calculations for each quantity reported as being released, either on or off
site, or otherwise managed as waste;
• Activity use determinations, including dates of manufacturing, processing,
or otherwise use;
• Basis of all estimates;
• Receipts or manifests associated with transfers of waste to off-site
locations; and
• Waste treatment methods, estimates of treatment efficiencies, ranges of
influent concentrations to treatment, sequential nature of treatment steps,
and operating data to support efficiency claims.
4) All supporting materials used to make the compliance determination that the
facility or establishment is eligible to submit a Form A;
5) Documentation supporting the Form A, including:
• Data supporting the determination that the alternate threshold applies;
• Calculations of annual reporting amounts; and
• Receipts or manifests associated with the transfer of each chemical in waste
to off-site locations.
Because EPCRA Section 313 reporting does not require additional testing or monitoring,
you must determine the best "readily available data" to make reporting determinations.
Alternatively, you may use "reasonable estimates" to make reporting determinations. The amount
and type of data and records will vary from facility to facility. Examples of records that you
should keep, if applicable, include the following:
• Each Form R or Form A submitted;
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Section 313 Reporting Threshold Worksheets (sample worksheets can be found in
Chapter 3 of this document as well as in the TRI Forms and Instructions);
Engineering calculations and other notes;
Purchase records and MSDSs from suppliers;
Inventory and receipt data;
Analytical results and profiles for wastes received from off site;
NPDES/SPDES permits and monitoring reports;
EPCRA Section 312, Tier II reports;
Monitoring records;
Air permits;
Flow measurement data;
RCRA hazardous waste generator's reports;
Pretreatment reports filed with local governments;
Invoices from waste management firms;
Manufacturer's estimates of treatment efficiencies;
CERCLA Reportable Quantity (RQ) reports;
EPCRA Section 304 follow-up release notifications;
RCRA manifests; and
Process flow diagrams (including emissions, releases and other waste management
activities).
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Chapter 3 - EPCRA Section 313 Threshold Determinations
3.0 PURPOSE
This chapter provides a step-by-step procedure for determining if any EPCRA Section 313
chemicals or chemical categories exceed a reporting threshold at your facility.
Step 1) Determine if you manufacture (including import), process, or otherwise use
any EPCRA Section 313 chemicals.
Step 2) Determine the quantity of each EPCRA Section 313 chemical you
manufacture (including import), process, or otherwise use.
Step 3) Determine which EPCRA Section 313 chemicals exceed a threshold.
3.1 Step 1 - Determining which EPCRA Section 313 chemicals are manufactured
(including imported), processed, or otherwise used
Compiling Chemical Lists. Compile lists of all chemicals, mixtures, or other trade name
products, and wastes at your facility. Metal mining facilities may find it helpful to create two lists.
The first list names metals and metal compounds processed at the facility, including target and
non-target metals and metal compounds present in extracted ore. This first list should also
include metals and metal compounds manufactured and processed as intermediates, and metals
and metal compounds distributed into commerce. The second list names chemicals otherwise
used at the facility, including, where applicable, chemicals received from off-site for further waste
management. For chemicals otherwise used, identify the name of each mixture or other trade
name product, or waste name or waste code (e.g., chemicals in sludge received from off-site for
on-site disposal or sodium cyanide for leaching activities) and list the names of all chemicals
contained in each mixture or other trade name product, or waste. Next, compare the individual
chemicals on both lists to the current EPCRA Section 313 chemical list found in the TRI
Forms and Instructions (remember that chemicals may be periodically added and deleted and you
should always use the most current TRI Forms and Instructions which contains an updated list of
chemicals). Highlight the EPCRA Section 313 chemicals that are on your list. You must perform
threshold determinations for these chemicals.
Review the list to be sure each chemical is shown by its correct EPCRA Section 313
name. For example, sulfuric acid (acid aerosols) is often used in leaching processes at mines.
Sulfuric acid (CAS No. 7664-93-9) has several synonyms, including dihydrogen sulfate and
sulphuric acid. It must be reported on Form R (or Form A), Item 1.2, by its EPCRA Section 313
chemical name, sulfuric acid (acid aerosols). Synonyms can be found in EPA's document
Common Synonyms for Chemicals Listed Under Section 313 of the EPCRA (EPA 745-R-95-008)
(updated March 1995). EPA's Automated TRI Reporting System (ATRS) has a pick list
containing a complete list of EPCRA Section 313 chemical and chemical category names and the
corresponding CAS numbers and category codes which helps to simplify this reporting element.
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While every chemical and chemical category on the EPCRA Section 313 chemical list
must be considered, certain chemicals are more likely than others to be encountered at metal
mining facilities. As a guide, certain chemicals that metal mining facilities may manufacture,
process, or otherwise use are provided in Table 3-1. While this is not a comprehensive list of all
EPCRA Section 313 chemicals that may be manufactured, processed, or otherwise used at metal
mining facilities, it is a starting point to assist facilities in identifying chemicals for threshold
determinations. Facilities should also be aware of EPCRA Section 313 chemicals manufactured
during beneficiation, in particular, metals and metal compounds. These will be discussed later in
this chapter.
Information that is useful in performing threshold determinations and preparing your
reports includes the following:
• Mixture or mineral complex names and associated EPCRA Section 313 chemical
names;
• Associated CAS numbers;
• Trade name for mixtures;
• Throughput quantities; and
• Whether the chemical is manufactured, processed, or otherwise used at the facility
(be sure to include quantities that are coincidentally manufactured and imported, as
appropriate).
Use of Spreadsheets or Databases. A computerized spreadsheet or database may be
helpful in developing your facility's chemical list and performing threshold calculations. The type
of information useful as input in a spreadsheet or database includes the chemical name, mixture or
other trade name product, or waste name with corresponding chemical component,
concentrations, the CAS number, and the yearly quantity manufactured, processed, or otherwise
used. The spreadsheet or database could also be designed to identify the total quantity by activity
threshold (amounts manufactured, processed, and otherwise used) for each EPCRA Section 313
chemical in every waste, mixture, and other trade name product.
Smaller facilities that do not have an established electronic method of tracking their
chemical usage and waste management, should consider developing a spreadsheet to assist them
in their chemical management activities. Developing a spreadsheet will require an initial
investment of time; however, the time and effort saved in threshold calculations in subsequent
years can be significant. Such a system will also reduce the potential of inadvertently overlooking
EPCRA Section 313 chemicals that are present in wastes received or mixtures purchased from
off-site sources.
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Table 3-1
EPCRA Section 313 Chemicals Commonly Manufactured, Processed, and
Otherwise Used at Metal Mining Facilities
EPCRA Section 313 Chemicals in Ore that
Metal Mining Facilities May Manufacture
and/or Process
EPCRA Section 313 Chemicals that Metal
Mining Facilities May Otherwise Use
Aluminum (fume or dust)
Antimony/Antimony compounds
Arsenic/Arsenic compounds
Barium/Barium compounds
Beryllium/Beryllium compounds
Cadmium/Cadmium compounds
Chromium/Chromium compounds
Cobalt/Cobalt compounds
Copper/Copper compounds
Cyanide/Cyanide compounds
Lead/Lead compounds
Manganese/Manganese compounds
Mercury/Mercury compounds
Nickel/Nickel compounds
Selenium/Selenium compounds
Silver/Silver compounds
Thallium/Thallium compounds
Vanadium (fume or dust)
Zinc (fume or dust)/Zinc compounds
Acrylamide
Ammonia
Benzene
Bromine
Bromoform
Chlorine
Cresols
Cyanide Compounds
Cyclohexane
Ethylbenzene
Formaldehyde
Glycol ethers
Hydrazine
Hydrochloric acid (acid aerosols)
Naphthalene
Nitric acid
Phenol
Phosphoric acid
Propylene
Sulfuric acid (acid aerosols)
Thiourea
Toluene
Xylene
Identifying EPCRA Section 313 Chemicals in Ore
A significant portion of the manufacturing, processing, and otherwise use activities at
metal mining facilities will involve EPCRA Section 313 chemicals present in ores being extracted.
To identify which EPCRA Section 313 chemicals are present in ore, look to available information
resources, including:
Mineral assays;
Analyses conducted prior to extraction;
Historical information collected during exploration and discovery;
Analyses conducted during beneficiation;
Geological or chemical expertise;
Technical reference documents;
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• Process knowledge;
• Financial information;
• Information on releases or other wastes leaving the facility.
In some cases, facilities may know that compounds of a non-target metal exist in an ore
extracted for distribution into commerce, but may not know the specific identity of the metal
compounds in the ore. For example, a facility may know that mercury compounds are present in
an antimony ore, but they may not know the specific identity of the mercury compound(s) present
in this ore. Facilities should use the best "readily available data" to determine the exact metal
compound or compounds present. This information can include mineral assays, metal analyses,
geological reference documents identifying commonly associated minerals, and literature
documenting mineral types specific to a geographic region. In the absence of better information,
facilities that know only the type of metal compound (e.g., mercury sulfide in antimony ore) may
assume that the metal compound exists as the lowest weight metal compound of that type (e.g.,
lowest weight mercury sulfide - HgS, the mineral cinnabar). If the facility has no knowledge to
indicate the type of metal compound present in the ore, they may assume that the metal exists as
the lowest weight oxide. For example, a facility may only know that arsenic compounds are
present in gold ore, but may not have any information indicating the identity of the arsenic
compounds, or even the general type (e.g., sulfide) of arsenic compound. For threshold
determination purposes, the facility may assume that the arsenic exists as its lowest weight oxide -
As2O3.
EPCRA Section 313 Chemicals in Purchased Chemicals
To develop the chemical list and identify the associated threshold activities for purchased
chemicals you may want to consult the following:
Material Safety Data Sheets (MSDS);
• Facility purchasing records;
• Inventory records;
• Process requirements/Equipment specifications;
• Operation and process knowledge.
For purchased chemicals, MSDSs are generally considered to be good sources of
information for the type and composition of chemicals in mixtures and other trade name products.
Metal mining facilities may receive MSDSs for any mixture or other trade name product used as
flotation agents, leaching solutions, electrowinning aids, reducing agents, fuel, equipment cleaning
and maintenance chemicals, water treatment chemicals, or for use in other operations. As of
1989, chemical suppliers of facilities in SIC codes 2000 through 3999 are required to notify
customers of any EPCRA Section 313 chemicals present in mixtures or other trade name products
that are distributed to facilities. The notice must be provided to the receiving facility and may be
attached or incorporated into that product's MSDS. If no MSDS is required, the notification
must be in a letter that accompanies the first shipment of the product to your facility. This letter
must contain the chemical name, CAS number, and the weight or volume percent of the chemical
(or a range) in the mixture or other trade name product. Beginning with the 1998 reporting year,
seven new industries will be covered by most of the EPCRA Section 313 reporting requirements
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and, therefore, facilities in SIC codes 2000 through 3999 will be required to provide these new
industries with this supplier notification information. While the new industries are not required to
prepare supplier notifications for materials that they distribute, they are encouraged to pass along
the notification to customers receiving these materials who may be subject to EPCRA Section
313. For more information on supplier notification requirements, see TRI Forms and
Instructions, EPCRA Section 313 Question and Answers, Revised 1998 Version - Appendix A,
Directive 9 (EPA-745-B-98-004) or Supplier Notification Requirements (EPA-560/4-91-006).
Carefully review the entire MSDS for your purchased chemicals. Although MSDSs must
list whether EPCRA Section 313 chemicals are present, the language and location of this
notification is not currently standardized. Depending on the supplier, this information can be
found in different sections of the MSDS. The most likely sections of an MSDS to provide
information on identity and concentration of EPCRA Section 313 chemicals in purchased
chemicals are:
• Hazardous components section;
• Regulatory section;
• Physical properties/chemical composition section;
• Labeling section; and
• Additional information section.
EPCRA Section 313 Chemical List
In order to identify which chemicals are EPCRA Section 313 chemicals, and (in some
cases) the form in which they are reportable, you need to compare your list of chemicals managed
at your facility to the current Section 313 list of chemicals. The most current list of EPCRA
Section 313 chemicals can be found in the TRI Forms and Instructions document for the current
reporting year. The following discussion is a brief overview of the EPCRA Section 313 list of
chemicals, including a description of possible chemical qualifiers.
The original list of EPCRA Section 313 chemicals and chemical categories was comprised
from two lists developed by New Jersey and Maryland. EPA refined the list and anticipates
changes to continue. The list can be modified by an EPA initiative or though a petition process.
When evaluating a chemical for addition or deletion, EPA must consider potential acute and
chronic human health effects and adverse environmental effects and the Agency publishes its
findings and any regulatory action through the Federal Register.
The EPCRA Section 313 chemical list includes individually listed chemicals and several
chemical categories. If you meet the SIC code criterion and exceed the employee threshold, you
must file a Form R or Form A for each EPCRA Section 313 chemical or chemical category
manufactured, processed, or otherwise used above threshold quantities. When conducting
threshold determinations for individually listed chemicals, simply compare the amount of that
chemical manufactured, processed, or otherwise used, to each threshold quantity. If you exceed
the threshold, you must file a Form R or Form A for that chemical. When determining thresholds
for chemical categories, you must total the weights of all members of the category, and compare
this sum to each activity threshold. It is important that you compare the amount of compounds in
a category separately to each individual activity threshold (manufacturing, processing, or
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otherwise use). If you exceed any of the three activity thresholds for a chemical category, you
must file a Form R or Form A for that chemical category.
Many of the EPCRA Section 313 chemical categories are metal compound categories
(e.g., chromium compounds). Metal compound categories include any unique chemical substance
that contains the metal as part of that chemical's infrastructure. When calculating thresholds for
metal compound categories, you must consider the entire weight of the metal compound, not just
the weight of the parent metal. However, if you exceed an activity threshold for a metal
compound category and you are filing a Form R for that metal compound category, you need only
use the weight of the parent metal when calculating quantities released or otherwise managed as
waste. Elemental forms of metals (e.g., chromium) are also individually listed on the EPCRA
Section 313 chemical list. You must make separate threshold determinations for the elemental
metal and the metal compound category (e.g., chromium and chromium compounds). If you
exceed thresholds for both the metal and metal compound category, you may submit separate
Examples - Chemical Categories
Example 1 A facility otherwise uses 5,000 pounds of l,3-bis(methylisocyanate)-cyclohexane, 3,000
pounds of 1,5-naphthalene diisocyanate, and 3,000 pounds of 2,2,4-trimethylhexamethylene diisocyanate. All
three of these chemicals are members of the diisocyanates category, an EPCRA Section 313 chemical category.
The facility otherwise uses 11,000 pounds of diisocyanates, which exceeds the 10,000 pound threshold for
otherwise use. The facility must file a Form R or Form A for diisocyanates category.
Example 2 A facility otherwise uses 6,000 pounds of zinc oxide, manufactures 20,000 pounds of zinc
sulfate, and processes 18,000 pounds of zinc sulfide. All three compounds are members of the zinc compounds
category, an EPCRA Section 313 chemical category. Because the facility does not exceed the otherwise use,
manufacturing, or processing thresholds, the facility is not required to file a Form R or Form A for the zinc
compound category.
Form Rs, or one Form R for both the metal and metal compound category. However, if both the
metal and the metal compound qualify for Form A reporting, you must submit separate Form A
certifications for the metal and metal compound category.
Example - Lead and Lead Compounds
A facility has determined that it needs to report under EPCRA Section 313 for both elemental lead and
lead compounds. Can this facility file one Form R that takes into account both the releases and other
waste management activities of lead and lead compounds, or is it required to report separately?
If a covered facility exceeds thresholds for both the parent metal and compounds of that same metal, it is
allowed to file one joint report (e.g., one report for lead compounds and elemental lead). EPA allows this
because the release and other waste management information reported in connection with metal compounds
will be the total pounds of the parent metal released and otherwise managed as a waste. For data management
purposes, EPA requires that the chemical category name and code be placed on the Form R (Section 1.1 and
1.2).
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Several chemicals on the EPCRA Section 313 chemical list include qualifiers related to use
or form. A few chemicals are reportable ONLY if manufactured by a specified process or in a
specified threshold activity. For example, isopropyl alcohol is only reportable if it is manufactured
using the strong acid process and saccharin is reportable only if it is manufactured. Some other
chemicals are only reportable if present in certain forms. For example, only yellow or white
phosphorus are reportable, while black and red phosphorus are not.
The qualifiers associated with these chemicals which may be applicable to the metal mining
industry are presented below. A detailed discussion of the qualifier criteria can be found in the
TRI Forms and Instructions.
• Fume or dust - Three metals (aluminum, vanadium, and zinc) are qualified as
"fume or dust forms only." This definition excludes "wet" forms such as solutions
or slurries, but includes powder, particulate, or gaseous forms of these metals. For
example, on-site disposal of a waste received from off-site containing elemental
zinc metal needs to be considered in threshold determinations if the zinc is in the
form of a fume or dust. However, if zinc (fume or dust) are found during
treatment of a zinc-containing waste stream, then these amounts would need to be
considered toward the facility's manufacturing threshold. Additionally, the entire
weight of all zinc compounds should be included in the threshold determination for
zinc compounds. Keep in mind that most metals in most wastes are expected to be
in the compound form.
• Ammonia has the following qualifier: "ammonia (includes anhydrous ammonia
and aqueous ammonia from water dissociable salts and other sources; 10% of total
aqueous ammonia is reportable under this listing)." Aqueous ammonia is formed
from the dissociation of ammonium salts (including ammonium sulfate, ammonium
nitrate, and ammonium chloride) in water and is an EPCRA Section 313 chemical.
You must determine the amount of aqueous ammonia generated from solubilizing
these chemicals in water and apply it toward the threshold for ammonia. EPA has
published guidance on reporting for ammonia, and ammonium salts in EPCRA
Section 313 Question and Answers, Revised 1997 Version - Appendix A, Directive
8. Additionally, ammonium nitrate in aqueous solutions must be included in
threshold determinations and release and other waste management calculations for
the nitrate compounds category. (See below)
• Nitrate Compounds (water dissociable; reportable only in aqueous solution)
- A nitrate compound is covered by this listing only when in water and if
dissociated. Although the complete weight of the nitrate compound must be used
for threshold determinations for the nitrate compounds category, only the nitrate
ion portion of the compound must be considered for release and other waste
management determinations. Nitrate compounds are manufactured during the
neutralization of nitric acid and in biological treatment of wastewater. EPA has
published guidance for these chemicals in Water Dissociable Nitrate Compounds
Category and Guidance for Reporting (see Appendix C for more information).
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• Phosphorus (yellow or white) - Only manufacturing, processing, or otherwise use
of phosphorus in the yellow or white chemical forms require reporting. Black and
red phosphorus are not subject to EPCRA Section 313 reporting.
• Asbestos (friable) - Asbestos only need be considered when it is handled in the
friable form. Friable refers to the physical characteristic of being able to crumble,
pulverize, or reduce to a powder with hand pressure.
• Aluminum oxide (fibrous) - Beginning with reports for calendar year 1989,
aluminum oxide is only subject to threshold determination when it is handled in
fibrous forms. EPA has characterized fibrous aluminum oxide for purposes of
EPCRA Section 313 reporting as a man-made fiber that is commonly used in high-
temperature insulation applications such as furnace linings, filtration, gaskets,
joints, and seals.
• Sulfuric acid (acid aerosols) and hydrochloric acid (acid aerosols) - EPA
delisted non-aerosol forms of sulfuric acid (CAS No. 7664-93-9) and hydrochloric
acid (CAS No. 7647-01-0) from the EPCRA Section 313 chemical list beginning in
the 1994 and 1995 reporting years, respectively. Threshold determinations and
release and other waste management estimates now only apply to the aerosol
forms. EPA considers the term aerosol to cover any generation of airborne acid
(including mists, vapors, gas, or fog) without any particle size limitation. Sulfuric
acid and hydrochloric acid (acid aerosols) are manufactured during the combustion
of sulfur containing wastes (for sulfuric acid) and chlorine containing wastes (for
hydrochloric acid). EPA has published guidance for sulfuric acid (acid aerosols) in
Guidance for Reporting Sulfuric Acid (acid aerosols including mists, vapors, gas,
fog, and other airborne forms of any particle size) (see Appendix C for more
information).
3.2 Step 2. Determining the quantity of each EPCRA Section 313 chemical
manufactured (including imported), processed, or otherwise used
The next step is to determine the quantities manufactured (including imported), processed,
and otherwise used for each EPCRA Section 313 chemical on your list (developed in Step 1).
Table 3-2 lists the annual reporting thresholds for each of these threshold activities (Tables 3-3
through 3-5 provide detailed definitions of subcategories for each Threshold Activity).
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Table 3-2
Reporting Thresholds
Activity
Manufacturing (including importing)
Processing
Otherwise used
Threshold
More than 25,000 pounds per EPCRA
Section 313 chemical
More than 25,000 pounds per EPCRA
Section 313 chemical
More than 10,000 pounds per EPCRA
Section 313 chemical
For each EPCRA Section 313 chemical or chemical category during the reporting year,
each threshold must be individually calculated; they are mutually exclusive and are not additive.
Example -Threshold Determination
If your facility manufacturers 22,000 pounds of an EPCRA Section 313 chemical and you also otherwise use
8,000 pounds of the same chemical, you have not exceeded either activity threshold and an EPCRA Section 313
report for that chemical is not required. However, if your facility manufactures 28,000 pounds per year of an
EPCRA Section 313 chemical and otherwise uses 8,000 pounds of the same chemical, you have exceeded the
manufacturing threshold and all non-exempt releases and other waste management activities of that chemical
must be reported on the Form R, including those from the "otherwise use" activity. Additionally, you must also
indicate on the Form R in Part II, Section(s) 3.1, 3.2, and 3.3, all non-exempt activities involving the reportable
EPCRA Section 313 chemical.
Example -Threshold Determination
The amount of the EPCRA Section 313 chemical that is actually manufactured (including the quantity
imported), processed, or otherwise used, not the amount in storage or previously disposed, is the amount applied
to the threshold determination. For example, your facility disposes of nickel compounds in an on-site landfill.
The landfill contains hundreds of thousands of pounds of nickel compounds. Over the course of the reporting
year, you dispose of an additional 5,000 pounds of nickel compounds in wastes received from off-site. In this
example, only the 5,000 pounds that were disposed of in the current year count toward the "otherwise use"
threshold. Therefore, unless you "otherwise use" more than 5,000 pounds elsewhere at the facility, the
"otherwise use" threshold has not been exceeded and you would not have to report for nickel compounds.
Each of the threshold activities is divided into subcategories. As discussed in the TRI
Forms and Instructions, you are required to designate EACH activity and subcategory that
applies to your facility not only those for which a threshold was exceeded.
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POSSIBLE ERROR - Threshold Determination
The amount of the EPCRA Section 313 chemical that is actually manufactured (including the quantity
imported), processed, or otherwise used, not the amount that may be in storage, should be the amount applied to
the threshold determination. For example, your facility uses a recirculating cooling system containing 15,000
pounds of anhydrous ammonia. To replace fugitive releases and small losses that occur during use, you add
5,000 pounds of anhydrous ammonia to the cooling system. In this example, only the 5,000 pounds that were
added to the system count toward the "otherwise use" threshold. Therefore, unless you "otherwise use" more
than 5,000 pounds elsewhere at the facility, the "otherwise use" threshold of 10,000 pounds has not been
exceeded and you would not have to report for ammonia.
Manufacturing
Manufacturing means producing, preparing, importing, or compounding an EPCRA
Section 313 chemical. You will need to consider if any EPCRA Section 313 chemicals are
manufactured during beneficiation, separation activities, waste treatment, and other on-site
activities, including both intentional and coincidental manufacturing. You must consider
coincidental manufacturing of EPCRA Section 313 chemicals regardless of whether the chemical
only exists for a short period of time and is converted to another chemical. The following
discussion describes the various activities included under manufacturing (see Table 3-3), and other
manufacturing threshold issues that are relevant to metal mining facilities.
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Table 3-3
Definitions and Examples of Manufactured Chemicals
Manufacturing Activity
Subcategory
Examples
Produced or imported for on-site
use/processing
-Cyanide compounds manufactured as intermediates during
cyanide leaching of gold.
-Beneficiation agents (e.g., flotation agents) that may
contain EPCRA Section 313 chemicals imported into the
customs territory of the United States.
Produced or imported for
sale/distribution
-Metals or metal compounds manufactured for distribution
into commerce (e.g., elemental copper manufactured from
copper sulfate during electrowinning).
-Ores imported into the customs territory of the United
States that are prepared for distribution into commerce.
Produced as a by-product
-Sulfuric acid (acid aerosols) manufactured during spraying
for ore leaching.
-Coincidental manufacture of metal compounds during
beneficiation.
Produced as an impurity
-Non-target metal compounds produced during
beneficiation that remain in the metal product distributed
into commerce. For example, conversion of silver
compounds to elemental silver in gold dore distributed into
commerce.
* More complete discussions of the industry-specific examples can be found in Chapter 4 of this guidance manual.
Manufacture of Metals and Metal Compounds During Beneficiation. Metal mining
facilities may manufacture metals and metal compounds during beneficiation or other activities.
Metal mining facilities should be aware of chemical conversions that may take place during
beneficiation. The following types of conversions constitute manufacturing:
• Conversion of one metal compound to another within the same compound
category. For example, a lead mine may convert galena (lead sulfide in ore) to
lead oxide during beneficiation.
• Conversion of metal compounds to elemental metals. For example, a gold mine
may convert silver compounds in extracted ore to elemental silver in dore.
• In some cases, facilities may convert elemental metals to metal compounds. For
example if native copper is present in ore, a facility may convert the elemental
copper to a copper compound during beneficiation.
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Example - Manufacture of Silver Compounds and Cyanide Compounds
A gold mining facility extracts ore containing silver compounds, and uses sodium cyanide to leach metals from
the ore. During leaching, the sodium cyanide converts to silver cyanide. The mine manufactures silver cyanide
compounds. Silver cyanide is a member of two EPCRA Section 313 chemical compound categories: silver
compounds and cyanide compounds. The facility must count the entire weight of the silver cyanide when
determining thresholds for silver compounds AND toward the threshold for cyanide compounds. If the facility
manufactures more than 25,000 pounds of silver cyanide during the reporting year, the facility must file a Form
R (or Form A) for silver compounds, and a separate Form R (or Form A) for cyanide compounds.
As previously discussed, if you manufacture both a metal compound and the elemental
form of the same metal (e.g., copper sulfide and elemental copper), you must conduct two
separate threshold determinations - one for the metal compound, and one for the elemental metal.
For more detail about this and other issues related to thresholds for metals and metal compounds,
see the previous discussion in this chapter.
Manufacture of Acid Aerosols. Sulfuric acid (acid
aerosols) and hydrochloric acid (acid aerosols) are
EPCRA Section 313 chemicals when they are in aerosol
form (including mists, vapors, fog, and other airborne
species of any particle size). The conversion of non-
aerosol forms of sulfuric acid or hydrochloric acids (e.g.,
solutions) to aerosol forms are considered a
"manufacturing" activity under EPCRA Section 313. In
some leaching operations, metal mines spray dilute
sulfuric acid onto ore. Mines usually collect the solution
after it passes through the ore, remove the target metal
from the solution using various beneficiation steps, and
regenerate sulfuric acid, which is sprayed back onto the
pile. The spraying of sulfuric acid results in the
manufacture of sulfuric acid (acid aerosols). Each time
the spray system aerosolizes the sulfuric acid, the facility
manufactures sulfuric acid (acid aerosols). The facility
must total every amount that passes through the spray
system to calculate the manufacturing threshold. The
facility "manufactures" and then "otherwise uses" the acid aerosol, and the 10,000 pound
"otherwise use" threshold would be the threshold that would first trigger reporting. For guidance
on conducting threshold determinations for sulfuric acid (acid aerosols), refer to: Emergency
Planning and Community Right-to-Know Act—Section 313: Guidance for Reporting Sulfuric
Acid (acid aerosols including mists, vapors, gas, fog, and other airborne forms of any particle
size), EPA, March, 1998, available on EPA's website (http://www.epa.gov/opptintr/tri/).
Example - Copper Compounds
in Solution
If a 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 EPCRA Section 313
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.
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Example - Sulfuric Acid (Acid Aerosols) Drip System
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 does not become an aerosol form of sulfuric acid and,
therefore, it is not considered an EPCRA Section 313 chemical.
Sulfuric Acid (Acid Aerosols)
At a mining facility, sulfuric acid (acid aerosols) is sprayed onto a copper ore pile to leach copper sulfate
for further processing. How should the facility make threshold determinations for sulfuric acid (acid
aerosols)?
Sulfuric acid is reportable only in the aerosol form. Therefore, the facility "manufactures" sulfuric (acid
aerosols) each time the acid passes through the spray mechanism. In this particular example, the acid reacts
with the copper compounds in the ore to produce copper sulfate, which is subsequently reacted to generate
sulfuric acid and applied to the ore pile. Because the facility generates another EPCRA Section 313 chemical
(copper sulfate), the facility must count the amount of sulfuric acid (acid aerosols) "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 aerosols), in addition to considering amounts of copper sulfate that is also
"manufactured." Because all the sulfuric acid (acid aerosols) " manufactured" is 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.
Importing. The "manufacture" threshold includes importing an EPCRA Section 313
chemical if the facility has caused the chemical to be imported. If your facility orders or enters
into an agreement to obtain or accept an EPCRA Section 313 chemical (or a mixture or other
trade name product or waste containing an EPCRA Section 313 chemical) from a source outside
the customs territory of the United States (the 50 states, the District of Columbia, and Puerto
Rico) then your facility has imported a listed EPCRA Section 313 chemical and amounts must be
considered toward the manufacturing threshold. Note that if an entity other than the facility, such
as a third party not directly associated with the facility (e.g., a waste or chemical broker), ordered
the waste or chemical without specific direction from the facility, then that third party has
"caused" the chemical to be imported, and the facility does not need to consider the EPCRA
Section 313 chemical toward the manufacturing threshold. Imported chemicals, as well as any
others that undergo a manufacturing activity, may also be subsequently processed and/or
otherwise used, and amounts associated with these activities need to be applied to all appropriate
threshold determinations.
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Example - Importing
Should the amounts of an EPCRA Section 313 chemical created and imported be added together to count
towards the manufacture threshold?
Yes. Because EPCRA defines both creation and importation as manufacturing, you must add the amounts of the
chemical undergoing each activity together to determine the manufacturing threshold.
Processing
Processing means preparing an EPCRA Section 313 chemical, or a mixture or other trade
name product containing an EPCRA Section 313 chemical (usually the intentional incorporation
of an EPCRA Section 313 chemical into a product) for distribution in commerce. Metal mining
facilities are likely to process EPCRA Section 313 chemicals, since a metal mine's primary
function is to distribute metals or metal compounds into commerce.
Perhaps the most pivotal element of the processing definition is that the EPCRA Section
313 chemical must be prepared for distribution into commerce. Distribution into commerce does
not only mean that the material must be sold to a customer. Distributed in commerce includes any
distributive activity in which benefit is gained by the transfer, even if there is no direct monetary
gain (e.g., intra-company transfers). Also, if a material is produced or recovered, for use on-site
and no amount of the EPCRA Section 313 chemical is prepared for distribution into commerce,
then the EPCRA Section 313 chemical has not been processed, and thus is not counted towards
the processing threshold (see the discussion of otherwise use for the applicability of chemicals
used on-site). The following discussion describes the subsections of processing for reporting
purposes (see Table 3-4), and other processing threshold issues that are relevant to metal mining
facilities.
Table 3-4
Definitions and Examples of Processed Chemicals
Processing Activity
Subcategory
As a reactant
As a formulation component
As an article component
Repackaging for Distribution
into Commerce
Examples
-Flotation agents and leaching agents used in mineral
beneficiation that remain with the metal concentrate that
is distributed into commerce.
-Extracted metals and metal compounds in concentrate
distributed into commerce.
-Copper cathodes produced from electrowinning.
-Chemicals in mine water distributed into commerce.
More complete discussions of the industry-specific examples can be found in Chapter 4 of this guidance manual.
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Target Metals and Metal Compounds. Metal mining facilities must count amounts of
metals and metal compounds extracted for distribution into commerce toward the 25,000 pound
processing threshold. Even if the extracted metal or metal compound converts to another metal
compound which is then distributed into commerce, you must consider the amount of the original
EPCRA Section 313 extracted metal or metal compound toward the processing threshold. If you
extract EPCRA Section 313 chemicals in ore for distribution in commerce and do not actually
distribute those chemicals during the reporting year, you must count them toward your processing
threshold, because they were prepared for distribution during the reporting year. If more than
one EPCRA Section 313 metal compound within an EPCRA Section 313 metal compound
category is present in the ore, the concentration is determined by the total weight percent of all
compounds within a specific EPCRA Section 313 chemical category. Facilities should have
sufficient information to estimate amounts of target metals and metal compounds. Sources might
include mineral assays, ore analyses, operating records, and financial information.
Example - Processing at a Zinc Mine
A zinc mine in SIC code 1031 extracts ore containing the minerals, sphalerite (ZnS) and smithsonite (ZnCO3).
The ore is beneficiated and distributed into commerce. To determine the processing threshold for zinc
compounds, the facility must add the entire weights of both zinc compounds (ZnS and ZnCO3). The facility
must also add the weights of any intermediate or final zinc compounds created during beneficiation.
Non-Target Metals and Metal Compounds. When processing the target metals and metal
compounds at your facility, the ore you are beneficiating may also contain other non-target
EPCRA Section 313 metals and metal compounds. If any portion of these non-target metals and
metal compounds remain in the metal concentrate distributed into commerce, you must consider
them toward the processing threshold of 25,000 pounds. If the EPCRA Section 313 chemicals
are completely removed from your product prior to distribution into commerce, the chemicals are
not considered processed and do not have to be considered toward the processing threshold.
Waste Rock
Waste rock is generally considered that portion of the ore body that is barren or submarginal rock, or ore which
has been mined but is not of sufficient value to warrant treatment, and is therefore removed ahead of the
milling process (May 1, 1997; 62 FR 23859). Removal of waste rock to gain access to an ore body does not
constitute processing, manufacturing, or otherwise use, and therefore EPCRA Section 313 chemicals in waste
rock are not considered for threshold determinations. Waste rock is part of the ore body and may, depending on
economic conditions, become a valuable source of a desirable mineral. If you decide to beneficiate your waste
rock or distribute it into commerce for direct reuse (e.g., as road aggregate), you must consider amounts of
EPCRA Section 313 chemicals in the rock (no longer waste rock) that you prepared for distribution into
commerce towards the processing threshold.
Facilities may use the same sources of information they use to estimate amounts of
EPCRA Section 313 target metals and metal compounds extracted. If you do not track non-target
metals as closely as target metals, you should refer to historical mine records, metal analyses, and
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geological knowledge of associated minerals to determine the types and amounts of non-target
metals and metal compounds extracted in ore. Facilities may have numerous ore samples from
various locations and periods in time. If facilities wish to average very large amounts of data from
sampling, the facility must use its best judgment to decide whether the raw data from which it
might base any average concentration are "readily available". In any event, a facility should
carefully document its decision making. For example, if a facility decides to use average
concentration levels, it should document why the raw data from which the averages are based are
not "readily available", how it arrived at any average concentration level, and why the average
concentration level is a "reasonable estimate" of the amount of the EPCRA Section 313 chemical
in materials managed.
Intermediates. Facilities must also consider intermediate EPCRA Section 313 chemicals
when determining the processing threshold, if part of the intermediate is distributed into
commerce. Intermediates are chemicals or chemical compounds that exist only for a period of
time and are converted to another chemical. For example, a copper mine extracts copper
compounds in ore to produce copper sulfate during sulfuric acid leaching. The facility uses
solvent extraction and electro winning to produce elemental copper. In this case, copper sulfate is
considered an intermediate that must be considered toward the manufacturing threshold. In
addition, because part of the copper sulfate (copper) is eventually distributed into commerce (i.e.,
elemental copper) the copper sulfate is considered processed, and the facility must consider the
entire amount of the copper sulfate toward the processing (and manufacturing) threshold for the
copper compound category.
Transfers Off-site for Direct Reuse. Amounts of EPCRA Section 313 chemicals sent off-
site for direct reuse must be considered toward the processing threshold of 25,000 pounds.
Materials are considered to be sent off-site for direct reuse if the materials are distributed into
commerce and are going to be directly used in an operation or application without any recovery
steps including the extraction of contaminants. Materials sent off-site for direct reuse are not
reported on the Form R in Sections 6 and 8 as recycled or released because the materials are not
considered wastes. Because materials sent off-site for direct reuse are not considered wastes,
these materials may qualify for the de minimis exemption if any EPCRA Section 313 chemical in
the material is below the de minimis level (see Chapter 3.2.2.3). EPCRA Section 313 chemicals
in waste that are sent off-site for further waste management, e.g., disposal, are not considered to
be reused.
Transfers Off-site for Recycling. Amounts of EPCRA Section 313 chemicals sent off-site
for recycling also must be considered toward the processing threshold of 25,000 pounds.
Amounts of materials containing EPCRA Section 313 chemicals sent off-site for recycling are
prepared for distribution into commerce. Materials sent off-site for recycling must undergo a
recovery step and are, therefore, considered a waste and not eligible for the de minimis
exemption. Wastes destined for off-site recycling are considered wastes sent off-site for further
waste management, which are not eligible for the de minimis exemption and must be reported on
the Form R in Sections 6 and 8.
Otherwise Use
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"Otherwise use" is any use of an EPCRA Section 313 chemical that does not fall under the
definitions of "manufacture" or "process." Chemicals otherwise used are not incorporated into a
product that is distributed into commerce and includes such uses as a processing or manufacturing
aid and for such ancillary uses as treating wastes.
Otherwise use of an EPCRA Section 313 chemical also includes disposal, stabilization
(without subsequent distribution in commerce), and treatment for destruction if the:
(1) EPCRA Section 313 chemical that was disposed, stabilized, or treated for
destruction was received from off-site for the purposes of further waste
management, or
(2) EPCRA Section 313 chemical that was disposed, stabilized, or treated for
destruction was manufactured as a result of waste management activities of
materials received from off-site for the purpose of further waste management.
The following discussion describes the subsections of the otherwise use threshold for
reporting purposes (see Table 3-5).
Table 3-5
Definitions and Examples of Otherwise Used Chemicals
Activity
Examples
As a chemical processing aid
-Zinc dust used to precipitate gold from pregnant gold-
cyanide solutions.
-Chemicals used in solvent extraction/electrowinning.
-Chemicals used in leaching, or flotation.
-Lead-based steel wool used as a cathode in the
electro winning process.
As a manufacturing aid
-Lubricants, coolants, and hydraulic fluids used in
equipment.
-Fuel used to power stationary equipment.
-Nitric acid used to regenerate carbon adsorption beds
used in cyanide leaching process.
Ancillary or other use
-Naphthalene in diesel fuel used in stationary equipment.
-Chlorine used to treat cyanide in waste water.
-Cleaners, degreasers, chemicals used to treat wastes.
* More complete discussions of the industry-specific examples can be found in Chapter 4 of this guidance manual.
Reclamation. Mines will often use a variety of materials, including overburden, waste
rock, fertilizers, and ash (received from off-site), for land contouring, structural backfill, or soil
building, during mine reclamation. Under EPCRA Section 313, use of materials containing
EPCRA Section 313 chemicals for reclamation activities must be considered towards threshold
determinations and release and other waste management calculations. EPCRA Section 313
chemicals used in mine reclamation are subject to the otherwise use threshold of 10,000 pounds.
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Various materials otherwise used during reclamation may or may not be subject to certain
exemptions, as discussed below:
Overburden: EPCRA Section 313
chemicals in overburden used for
reclamation are eligible for the
overburden exemption for metal mining
operations.
Waste Rock: In cases where waste rock
is simply displaced and disposed of, the
waste rock is not associated with a
processing, manufacturing, or otherwise
use activity, and any EPCRA Section
313 chemicals contained in the waste
rock are not eligible for the de minimis
exemption. However, if for example, the
waste rock is sent off-site to be used as
landscape rock, any EPCRA Section 313
chemicals in the waste rock would be
considered processed and eligible for the
de minimis exemption.
Mixtures and Other Trade Name
Products: EPCRA Section 313
chemicals in mixtures and other trade
name products (such as commercial
fertilizers) applied to land in mine
reclamation activities are eligible for the
de minimis exemption.
• Ash: The direct application of ash to the land as fill or for pH control of soil is
considered to be waste management of the ash. Because the de minimis
exemption does not apply to wastes, EPCRA Section 313 chemicals in ash directly
applied to land are not eligible for the de minimis exemption.
If an activity threshold is exceeded and you are filing a Form R for an EPCRA Section 313
chemical, you must report all non-exempt applications of that chemical to land during reclamation
or other activities in Section 5.5 of Form R, Releases to Land. This will be discussed in greater
detail in Chapter 4 of this document.
Froth Flotation. Various metal mining facilities use flotation as a method of
concentrating minerals. Facilities may use a variety of reagents during flotation, such as frothers,
collectors, pH modifiers, activators, depressants, dispersants, or flocculents. You should check
MSDSs, purchasing records and equipment and process specifications to determine identities and
quantities of EPCRA Section 313 chemicals that may be in flotation agents. To help you identify
Example - Soil Reclamation
A covered mining facility receives
waste sewage sludge from off-site for
use in soil reclamation. Is the
application of waste sewage sludge to
land considered an otherwise use? Are
the EPCRA Section 313 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
EPCRA Section 313 chemicals contained
in the waste sewage sludge as soil
building material. However, because the
EPCRA Section 313 chemicals contained
in the sludge are being managed as a
waste, the amounts of EPCRA Section
313 chemicals being otherwise used are
not eligible for the de minimis exemption.
Amounts of EPCRA Section 313
chemicals are reported as a release to
land. The otherwise use of EPCRA
Section 313 chemicals, such as nitrate
compounds for farming, is to be reported
as a release to land in Section 5.5 of the
FormR.
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EPCRA Section 313 chemicals commonly used as flotation agents in copper beneficiation and
lead/zinc beneficiation, use Tables 3-6 and 3-7, respectively. Some facilities may use petroleum
fuels as collectors (promoters). Table 3-8 shows the chemical constituents and their
concentrations in petroleum fuels commonly used as collecting agents. If you do not have better
facility-specific data (e.g., MSDSs, process specifications, and other sources), you may use the
concentrations in Table 3-8 as default values.
Table 3-6
Common Copper Beneficiation Flotation Agents
Containing EPCRA Section 313 Chemicals
Flotation Agent
Copper sulfate
Cresylic acid
Nokes reagent
Kerosene
Polyacrylamide
Sodium cyanide
Sodium ferrocyanide
Zinc sulfate
EPCRA Section 313 Chemical
Copper compounds
Cresols
Arsenic compounds
Cyclohexane, naphthalene, benzene, xylene, and ethyl
benzene (all typically below de minimis)
Acrylamide (monomer)
Cyanide compounds
Cyanide compounds
Zinc compounds
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Table 3-7
Common Lead/Zinc Beneficiation Flotation Agents
Containing EPCRA Section 313 Chemicals
Flotation Agent
Copper Sulfate
Cresylic Acid
Sodium Ferrocyanide
Sodium dichromate
Zinc Sulfate
EPCRA Section 313 Chemical
Copper Compound
Cresols
Cyanide Compounds
Chromium compounds
Zinc Compounds
Table 3-8
Estimated Concentration Values of EPCRA Section 313 Constituents in Crude Oil and
Petroleum Products (Weight Percent)
EPCRA
Section 313
Chemical
Benzene
Biphenyl
Bromine
Chlorine
Cyclohexane
Ethylbenzene
n-Hexane
MTBE*
Naphthalene
Phenanthrene
Phenol
PACs°
Styrene
Toluene
1,2,4-Tnmethyl-
benzene
Xylene
Antimony3
Arsenic3
Beryllium3
Cadmium3
De Minimis
Level*
0.1
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
0.1
0.1
1.0
1.0
1.0
0.1
0.1/1.0°
0.1/1.0°
0.1/1.0°
Crude Oil
0.446 E
0.060 E
N/A
N/A
0.700
0.346 E
2.463 E
N/A
0.219 E
N/A
0.323
0.0004
N/A
0.878E
0.326
1.420E
l.OE-05
2.0E-05
2.0E-07
4.0E-07
Gasoline
(Various
Grades)
1.608E
0.010 E
N/A
N/A
0.240
1.605E
7.138 E
15.00
0.444 E
N/A
0.055
N/A
N/A®
7.212E
2.50*
7.170 E
N/A
N/A
N/A
N/A
No.2 Fuel
Oil/ Diesel
Fuel
8.0E-04A
0.100
N/A
N/A
N/A
0.013 A
1.0A
N/A
0.550
0.125
0.064
N/A
0.032 E
0.032 A
1.0*
0.290A
N/A
8.5 E-°6
5.0 E-°6
2.1M5
Jet Fuel
(JP-4)
1.0A
0.120E
N/A
N/A
1.240
0.50 A
5.60A
N/A
0.468 E
N/A
N/A
N/A
N/A
3.20A
N/A
3.20A
N/A
N/A
N/A
N/A
Kerosene
0.004 A
0.120 E
N/A
N/A
N/A
0.127A
0.005 A
N/A
0.733 E
N/A
0.770
N/A
N/A
1.330A
N/A
0.31 A
N/A
N/A
N/A
N/A
Lubri-
cating
Oil
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
No. 6
Fuel Oil
0.001
N/A
3.0E-06
0.0131D
N/A
0.0022
N/A
N/A
0.10
N/A
N/A
1.13
N/A
0.006
N/A
0.013
l.OE-06
3.06E-
05D
2.7E-06D
2.0E-06D
Aviation
Gasoline
0.515 E
N/A
N/A
N/A
N/A
0.432 E
0.126 E
N/A
0.10E
N/A
N/A
N/A
N/A
7.327
N/A
2.204
N/A
N/A
N/A
N/A
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EPCRA
Section 313
Chemical
Chromium3
Cobalt"
Copper"
Lead
Compounds
Manganese"
Mercury"
Nickel"
Selenium"
Silver"
Zinc
Compounds
De Minimis
Level*
0.1/1. Od
1.0
1.0
1.0 (organic)
0.1 (morg.)
1.0
1.0
0.1
1.0
1.0
1.0
Crude Oil
4.0E-05
0.0003
4.0E-05
N/A
N/A
0.0006
0.0055
4.0E-05
N/A
N/A
Gasoline
(Various
Grades)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
No.2 Fuel
Oil/ Diesel
Fuel
9.5 E-°3
N/A
5.6E-04
N/A
2.1E-05
4.0E-05
3.38E-04
N/A
N/A
N/A
Jet Fuel
(JP-4)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Kerosene
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Lubri-
cating
Oil
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
1.0
No. 6
Fuel Oil
3.1E-05D
1.63E-
04D
3.0E-05
1.41E-
04D
3.5E-05D
9.2E-07D
2.6E-0311
9.5E-06D
2.0E-08
N/A
Aviation
Gasoline
N/A
N/A
N/A
0.14~
(organic)
N/A
N/A
N/A
N/A
N/A
N/A
Unless otherwise noted, Source: Economic Analysis of the Final Rule to Add Certain Indus try Groups to EPCRA Section 313, Appendix B "Composition of Crude Oil
and Petroleum Products."
A American Petroleum Institute report prepared for Mr. Jim Durham, EPA (December 23, 1993), regarding revised estimates of heavy petroleum product liquid constituents
that are listed as hazardous air pollutants (HAPs) under section 112 of the Clean Air Act Amendments (CAAA).
R Radian Corporation report prepared for Mr. James Durham, EPA (August 10, 1993), regarding liquid HAP concentrations of various petroleum products.
D Appendix D, Study of Hazardous Air Pollution Emissions from Electric Utility Steam Generating Units-Final Report to Congress, USEPA, OAQPS (February 1998)
453/R-98-004b.
* The de minimis concentration values for the metals is for the metal compound.
~ Lead compounds concentration for Aviation Gasoline 100 (Exxon-MSDS).
* Concentrations updated with comments received from API.
a Constituents are most likely metal compounds rather than the elements. Elements are listed in this table because concentration data are for only the metals occurring in the
fuel. Concentrations for metal compounds would be somewhat higher depending on the metal compound. For threshold determination, if the weight of the compound is not
known, facilities may use the weight of the lowest metal compound likely to be present.
® Data from EPA report prepared by Radian Co. for this constituent are considered suspect and are not recommended for use, based on discussion with Jim Durham of EPA
on November 30, 1998.
b MTBEmay be present to enhance octane in concentrations from 0-15% (industry practice, not sampling results).
c The de minimis level for inorganic compounds is 0.1; for organic compounds is 1.0.
d The de minimis level for chromium VI compounds is 0.1; for chromium III compounds is 1.0.
e The petroleum products may contain one or more of the following chemicals under the polycyclic aromatic compounds (PACs) category: benzo(a)anthracene, benzo
(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene, benzo(rst)pentaphene, benzo(a)phenanthrene, benzo(a)pyrene, dibenz(a,h)acridine, dibenz(a,j)acridine,
dibenzo(a,h)anthracene, 7H-Dibenzo(c,g)carbazole, dibenzo(a,e)fluoranthene, dibenzo(a,e)pyrene, dibenzo(a,h)pyrene, dibenzo(a,l)pyrene, 7,12-
dimethylbenz(a)anthracene, indeno[l,2,3-cd]pyrene, 5-methylchrysene, 1-nitropyrene. For No. 6 fuel oil, the value given is for benzo(a)anthracene.
Special "Otherwise-Use" Activities to Consider for Metal Mining Facilities
• EPCRA Section 313 chemicals used in beneficiation activities such as froth
flotation, conditioning, leaching, are otherwise use activities.
• EPCRA Section 313 chemicals in manufactured items (e.g., anodes, crushers
grinders) used in beneficiation activities, should be considered toward the
otherwise use threshold if the item is installed during the reporting year, and does
not qualify for the article exemption.
• Any EPCRA Section 313 chemicals that a facility uses to treat waste is otherwise
used.
• EPCRA Section 313 chemicals in materials purchased to be used as fuel or for
maintaining equipment operations, other than for maintaining motor vehicles,
should be included in the threshold determination for "otherwise use" activities.
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EPCRA Section 313 chemicals in materials that are used to maintain process
equipment (e.g., lubricants, solvents, wear parts).
Waste Management Activities. For purposes of the otherwise use definition, EPA
interprets waste management activities to include recycling, combustion for energy recovery,
treatment for destruction, waste stabilization, and release, including disposal. However, for
calculating thresholds, the only quantity that should be applied to the otherwise use definition are
those that are treated for destruction, stabilized, or disposed on-site. Waste management does not
include the storage, container transfer, or tank transfer of an EPCRA Section 313 chemical if no
recycling, combustion for energy recovery, treatment for destruction, waste stabilization, or
release of the chemical occurs at the facility (62 FR 23850; May 1, 1997).
Table 3-9
EPA Guidance Related to Waste Management Activities
Waste Management
Activity
Description
Recycling
As referenced in the May 1, 1997, Federal Register and defined in the document,
Interpretations of Waste Management Activities: Recycling, Combustion for Energy
Recovery, Treatment for Destruction, Waste Stabilization, and Release (April 1997),
recycling means: (1) the recovery for reuse of an EPCRA Section 313 chemical from a
gaseous, aerosol, aqueous, liquid, or solid stream; or (2) the reuse or the recovery for
use of an EPCRA Section 313 chemical that is a RCRA hazardous waste as defined in
40 CFR Part 261. Recovery is the act of extracting or removing the EPCRA Section
313 chemical from a waste stream and includes: (1) the reclamation of the EPCRA
Section 313 chemical from a stream that entered a waste treatment or pollution control
device or process where destruction of the stream or destruction or removal of certain
constituents of the stream occurs (including air pollution control devices or processes,
wastewater treatment or control devices or processes, Federal or state permitted
treatment or control devices or processes, and other types of treatment or control
devices or processes); and (2) the reclamation for reuse of an "otherwise used" EPCRA
Section 313 chemical that is spent or contaminated and that must be recovered for
further use in either the original or any other operations.
Combustion for
energy recovery
Combustion for energy recovery is interpreted by EPA to include the combustion of an
EPCRA Section 313 chemical that is (1) (a) a RCRA hazardous waste or waste fuel, (b)
a constituent of a RCRA hazardous waste or waste fuel, or (c) a spent or contaminated
"otherwise used" material; and that (2) has a significant heating value and is combusted
in an energy or materials recovery device. Energy or materials recovery devices are
boilers and industrial furnaces as defined in 40 CFR §372.3 (See 62 FR 23891). If a
reported toxic chemical is incinerated but does not contribute energy to the process
(e.g.. metal, metal compounds, and chloroflorocarbons), it must be considered
treatment for destruction. In determining whether an EPCRA Section 313 chemical is
combusted for energy recovery, the facility should consider the heating value of the
EPCRA Section 313 chemical and not the heating value of the chemical stream.
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Treatment for
destruction
Means the destruction of an EPCRA Section 313 chemical in waste such that the
substance is no longer the EPCRA Section 313 chemical subject to reporting.
Treatment for destruction does not include the destruction of an EPCRA Section 313
chemical in waste where the EPCRA Section 313 chemical has a heat value greater
than 5,000 British Thermal Units (BTU) and is combusted in any device that is an
industrial boiler or furnace. (See 40 CFR §372.3.) "Treatment for destruction"
includes acid or alkaline neutralization if the EPCRA Section 313 chemical is the entity
that reacts with the acid or base. "Treatment for destruction" does not include: (1)
neutralization of a waste stream containing EPCRA Section 313 chemicals if the
EPCRA Section 313 chemicals themselves do not react with the acid or base (See 40
CFR §372.3), (2) preparation of an EPCRA Section 313 chemical for disposal, (3)
removal of EPCRA Section 313 chemicals from waste streams, and (4) activities
intended to render a waste stream more suitable for further use or processing, such as
distillation or sedimentation. (Note: Amounts of metals CAN NOT be destroyed and
therefore should not be reported as treated for destruction.)
Waste stabilization
Means any physical or chemical process used to either reduce the mobility of hazardous
constituents in a hazardous waste or eliminate free liquid as determined by a RCRA
approved test method (e.g., Test Method 9095). A waste stabilization process includes
mixing the hazardous waste with binders or other materials and curing the resulting
hazardous waste and binder mixture. Other synonymous terms used to refer to this
process are "stabilization," "waste fixation," or "waste solidification." (See 40 CFR
§372.3.)
Release
Release is defined by EPCRA Section 329(8) to mean any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or
disposing into the environment (including the abandonment or discarding of barrels,
containers, and other closed receptacles) of any EPCRA Section 313 chemical. (See 40
CFR §372.3.)
Disposal
Disposal means any underground injection, placement in landfills/surface
impoundments, land treatment, or other intentional land disposal. (See 40 CFR
§372.3.)
(See EPA document, Interpretations of Waste Management Activities: Recycling, Combustion for Energy
Recovery, Waste Stabilization and Release for further detail.,)
Waste management activities conducted by a facility on EPCRA Section 313 chemicals in
wastes generated on-site are not considered an otherwise use of that chemical. The otherwise use
threshold applies to amounts disposed, stabilized (without subsequent distribution in commerce),
or treated for destruction from wastes received from off-site or from chemicals generated from
waste received from off-site. Simply receiving and storing a waste from off-site for waste
management sometime in the future does not trigger an "otherwise use" of those chemicals in
waste. However, subsequent activities involving the EPCRA Section 313 chemical in waste
managed on-site may require you to consider those amounts toward other threshold activities.
For example, recycling of an EPCRA Section 313 chemical for distribution into commerce would
apply towards the processing threshold. Likewise, if an EPCRA Section 313 chemical taken from
an on-site waste is burned for energy recovery, then amounts would be considered toward the
otherwise use threshold.
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Example - Otherwise Use
A facility captures leachate from a landfill, treats the leachate with an EPCRA Section 313 chemical, and
then uses the treated leachate (which now contains the EPCRA Section 313 chemical) as on-site irrigation
water. Is the facility "otherwise using" the EPCRA Section 313 chemical in the irrigation water, and
should the facility report the EPCRA Section 313 chemical as a release to land in Section 5.5.4, Other
Disposal?
Yes. Use of EPCRA Section 313 chemicals contained in the treated leachate for irrigation purposes is
considered an "otherwise use" and amounts of these chemicals contained in the treated leachate must be counted
toward the "otherwise use" threshold. Any EPCRA Section 313 chemicals manufactured during the treatment
of the leachate would also need to be considered toward the "manufacturing" threshold. The treated leachate,
and EPCRA Section 313 chemicals contained in the treated leachate, are also considered a waste and any
"otherwise use" of EPCRA Section 313 chemicals contained in the treated leachate is not eligible for the de
minimis exemption. The "otherwise use" of these chemicals for irrigation constitutes a release to land and
would be reportable in Part II 5.5.4 Other Disposal.
3.2.1 Concentration Ranges for Threshold Determination
You are required to use your best "readily available data" for estimating EPCRA Section
313 threshold determinations and release and other waste managed calculations. In some cases,
the exact concentration of an EPCRA Section 313 chemical in a mixture or other trade name
product or in a waste may not be known. In these cases, the waste profile, customer, supplier, or
MSDS may only provide ranges, or upper or lower bound concentrations. EPA has developed
the following guidance on how to determine concentrations from this type of information for use
in threshold determinations:
• If exact concentration is provided, use it.
• If the concentration is provided as a lower and upper bound or as a range, you
should use the mid-point in your calculations for the threshold determination. For
example, the waste profile states methanol is present in a concentration of not less
than 20% and not more than 40%, or it may be stated as present at a concentration
between 20 to 40%. You should use 30% methanol in your threshold calculations.
• If only the upper bound concentration is provided you must use this value in your
threshold calculation.
• If only the lower bound concentration of the EPCRA Section 313 chemical is
specified and the concentration of other components are given, subtract the other
component values from 100%. The remainder should be considered the upper
bound for the EPCRA Section 313 chemical and you should use the given lower
bound to calculate the mid-point as discussed above. For example, the waste
profile states that a solvent contains at least 50% MEK and 20% non-hazardous
surfactants. Subtracting the non-hazardous contents from 100% leaves 80% as the
upper bound for MEK. The mid-point between upper (80%) and lower (50%)
bounds is 65%, the value you should use in your threshold calculation.
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• If only the lower bound is specified and no information on other components is
given assume the upper bound is 100% and calculate the mid-point as above.
Even if the concentration of a chemical is known through engineering knowledge only, the
facility is still required to consider the chemical for threshold determinations. For example, facility
engineers may have knowledge that nitric acid is manufactured in an on-site incinerator. If there
are no waste profiles or permit information specifically listing nitric acid, the facility must still
consider the chemical for threshold determinations. This determination should be made based on
their best "readily available data", be it process knowledge or other reasonable estimation
techniques.
When determining concentration information for wastes, it is important to understand that
the de minimis exemption does NOT apply to wastes. If your waste profiles (or other
information) indicate that there are chemicals present that are below the detection limit, you may
still need to include those chemicals in your threshold determinations and release and other waste
management calculations. If you have no information to indicate that the chemical exists in the
waste stream, you may assume that the concentration is zero. However, if the facility has reason
to believe that the EPCRA Section 313 chemical is present in the waste, it may use half of the
detection limit for that chemical when making threshold determinations and release and other
waste management calculations.
Example - Average Concentration
Is it appropriate for a metal mining facility to develop an average concentration for an EPCRA Section
313 chemical contained in many different ores extracted by the facility, and then use that average as a
basis of threshold determination? If so, does EPA have a recommended approach for developing such an
average?
EPCRA allows facilities to use "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
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, a 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, a
facility should carefully document its decision making. For example, if a facility decides to use average
concentration levels, it should document why the raw data from which the averages are based are not "readily
available", how it arrived at any average concentration level used, and why the average concentration level is a
"reasonable estimate"of the amount of the EPCRA Section 313 chemical in the waste stream. EPA does not
have a recommended approach for determining average concentration levels.
3.2.2 Evaluation of Exemptions
EPCRA Section 313 provides the following exemptions for metal mining facilities :
• Overburden exemption (metal mining facilities only);
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• Laboratory activities exemption;
• De minimis exemption;
• Article exemption;
• Exemptions that apply to the otherwise use of chemicals: routine janitorial/facility
grounds maintenance exemption; personal use exemption; structural component
exemption; motor vehicle maintenance exemption; exemption for air or water
drawn from the environment or municipal sources for certain uses.
Each of these exemptions is discussed in detail below.
3.2.2.1 Overburden Exemption
If an EPCRA Section 313 chemical that is a constituent of overburden is processed or
otherwise used by metal mining facilities, the facility is not required to consider the quantity of the
EPCRA Section 313 chemical processed, or otherwise used when calculating thresholds or when
calculating release and other waste management quantities. EPCRA Section 313 chemicals used
(e.g., as explosives) to remove overburden are not eligible for the overburden exemption.
Overburden is 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 327.3). As previously discussed,
waste rock is generally considered that portion of the ore body that is barren or submarginal rock
or ore which has been mined but is not of sufficient value to warrant treatment and is therefore
removed ahead of the milling process (May 1, 1997; 62 FR 23859).
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3.2.2.2 Laboratory Activities Exemption
This exemption includes EPCRA Section 313 chemicals that are manufactured, processed,
or otherwise used in a laboratory under the supervision of a technically qualified individual. This
exemption may be applicable in such circumstances as laboratory sampling and analysis, research
and development, and quality assurance and quality control activities. It does not include pilot
plant scale or specialty chemical production. It also does not include laboratory support activities.
For example, chemicals used to maintain laboratory equipment are not eligible for the laboratory
activities exemption.
Example - Laboratory Activities Exemption
If a facility takes a sample from its process stream to be tested in a laboratory for quality control
purposes, are releases of an EPCRA Section 313 chemical from the testing of the sample in the laboratory
exempt under the laboratory activities exemption?
Yes, provided that the laboratory at the covered facility is under the direct supervision of a technically qualified
individual as provided in 40 CFR 372.38(d). The laboratory exemption applies to the "manufacture," "process,"
or "otherwise use" of EPCRA Section 313 chemicals and any associated release and other waste management
amounts that take place in a qualifying laboratory.
3.2.2.3 De Minimis Exemption
If the amount of EPCRA Section 313 chemical(s) present in a mixture or other trade name
product processed or otherwise used is below its de minimis concentration level, that amount is
considered to be exempt from threshold determinations and release and other waste management
calculations. (Note that this exemption does not apply to manufacturing, except for importation or
as an impurity as discussed below.) Because wastes are not considered mixtures or other trade
name products, the de minimis exemption does not apply to wastes. The de minimis
concentration for mixtures or other trade name products is 1%, except for OSHA-defined
carcinogens, which have a 0.1% de minimis concentration. If a mixture or other trade name
product contains more than one member of a compound category, the weight percent of all
members must be summed. If the total meets or exceeds the category's de minimis level, the de
minimis exemption does not apply. Information may only be available that lists the concentration
of chemicals in mixtures as a range. EPA has developed guidance on how to determine quantities
that are applicable to threshold determinations, release, and other waste management calculations
when this range straddles the de minimis value. EPA has published several detailed questions and
answers and a directive in the EPCRA Section 313 Q&A Document that may be helpful if you
have additional concerns about the de minimis exemption. The TRI Forms and Instructions list
each EPCRA Section 313 chemical and compound category with the associated de minimis value.
The de minimis exemption also applies in limited circumstances to the manufacture of
EPCRA Section 313 chemicals. In the specific case where EPCRA Section 313 chemicals are
coincidentally manufactured in a product and remain in the product as an impurity which is then
subsequently distributed in commerce, amounts of EPCRA Section 313 chemicals are eligible for
the de minimis exemption. For example, in the beneficiation of gold ore, nickel compounds may
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be formed and transferred with the gold ore as it is distributed in commerce. The nickel
compounds are not desirable, but are of such a low concentration that the additional effort to
remove them is not economically justifiable. In this case, the nickel compounds are considered an
impurity and are eligible for the de minimis exemption. The de minimis exemption also applies to
EPCRA Section 313 chemicals in an imported mixture or other trade name product.
The de minimis exemption, however,
does not apply to EPCRA Section 313
chemicals that are coincidentally
manufactured as byproducts that are
separated from the product; nor does it apply
to chemicals that are coinci dentally
manufactured as a result of waste treatment
or other waste management activities, or to
waste brought on site for waste management.
Metal mining facilities may coincidentally
manufacture EPCRA Section 313 chemicals
as byproducts during beneficiation. For
example, a cobalt mine extracts ore containing
arsenic. During beneficiation, arsenic
compounds in the ore convert to other arsenic
compounds, which the facility removes and
manages as a waste. The facility coincidentally manufactured arsenic compounds as a byproduct,
and the de minimis exemption does not apply to threshold determinations and release and other
waste management reporting for the manufactured arsenic compounds.
Waste Rock and the De Minimis
Exemption
Because waste rock is not manufactured, processed, or
otherwise used, amounts of EPCRA Section 313
chemicals in waste rock are not eligible for the de
minimis exemption. Therefore, if you exceed a
threshold for an EPCRA Section 313 chemical that is
also present in waste rock, you must report the
disposal or other waste management of the waste rock
on the chemical's Form R, regardless of
concentration. If you decide to beneficiate waste rock,
the EPCRA Section 313 chemicals that are prepared
for distribution into commerce are considered to be
processed and, therefore, are eligible for the de
minimis exemption.
De Minimis Exemption
Chemicals in ore or concentrate that are below de minimis levels and remain below de minimis levels are
eligible for the de minimis exemption. If an EPCRA Section 313 chemical is at a concentration in ore below the
de minimis level, and is concentrated above the de minimis level during beneficiation, you must consider
amounts of the concentrate above de minimis concentrations toward threshold determination and release and
other waste management activities.
Once the de minimis level has been met or exceeded, the exemption no longer applies to
that process stream, even if the concentration of the EPCRA Section 313 chemical in a mixture or
other trade name product later drops below the de minimis level. All releases and other waste
management activities are subject to reporting after the de minimis concentration has been
equaled or exceeded, provided an activity threshold has been exceeded.
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Example - De Minimis
A facility receives a mixture with an EPCRA Section 313 chemical in a concentration below the de minimis
concentration. During processing, the concentration of the EPCRA Section 313 chemical exceeds its de
minimis level. This facility must consider amounts toward threshold determination and releases and other waste
management activities that take place after the point in the process where the de minimis level is met or
exceeded. The facility does not have to consider toward threshold determinations or release and other waste
management estimates, activities that took place before the de minimis level was met or exceeded.
3.2.2.4 Article Exemption
An article is defined as a manufactured item if each of the three criteria below applies:
• Is formed to a specific shape or design during manufacture;
• Has end-use functions dependent in whole or in part upon its shape or design; and
• Does not release an EPCRA Section 313 chemical under normal conditions of
processing or otherwise use of the item at the facility.
If you receive a manufactured item from another facility and process or otherwise use the
item without changing the shape or design, and your processing or otherwise use results in the
release of 0.5 pound or less of the EPCRA Section 313 chemical in a reporting year from all like
articles, then the EPCRA Section 313 chemical in that item is exempt from threshold
determinations and release and other waste management reporting. The article exemption does
not apply to the manufacturing of items at your facility.
The shape and design of a manufactured item can change somewhat during processing and
otherwise use activities as long as part of the item retains the original dimensions. That is, as a
result of processing or otherwise use, if an item retains its initial thickness or diameter, in whole
or in part, then it still meets the definition of article. If the item's basic dimensional characteristics
are totally altered during processing or otherwise use, the item would not meet the definition,
even if there were no releases of an EPCRA 313 chemical from these manufactured items. As an
example, items that do not meet the definition would be items that are cold extruded, such as bar
stock that is formed into wire. However, stamping a manufactured item into pieces that are
recognizable as the original articles would not change the exemption status as long as the
diameter and the thickness of the item remain unchanged. For instance, metal wire may be bent
and sheet metal may be cut, punched, stamped, or pressed without losing the article status as long
as no change is made in the diameter of the wire or tubing or the thickness of the sheet and, more
important, there are no releases of the EPCRA Section 313 chemical(s).
Any processing or otherwise use of an article that results in a release above 0.5 pound per
year for each EPCRA Section 313 chemical for all like articles will negate the article exemption.
Cutting, grinding, melting, or other processing of a manufactured item could result in a release of
an EPCRA Section 313 chemical during normal conditions of use and, therefore, could negate the
exemption as an article if the total release exceeds 0.5 pound in a year. However, if all of the
resulting waste is recycled or reused, either on site or off site such that the release and other waste
management of the EPCRA Section 313 chemical in all like articles does not exceed 0.5 pound,
then the article exemption status is maintained. Also, if the processing or otherwise use of similar
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manufactured items results in a total release and other waste management of less than or equal to
0.5 pound of any individual EPCRA Section 313 chemical in a calendar year, EPA will allow this
quantity to be rounded to zero and the manufactured items to maintain their article exemption.
The 0.5 pound limit does not apply to each individual article; instead, it applies to the sum of
releases and other waste management activities (except recycling) from processing or otherwise
use of all like articles for each EPCRA Section 313 chemical contained in these articles.
The EPCRA Section 313 Q&A document presents several specific questions and
answers/discussion pertaining to the article exemption.
3.2.2.5 Exemptions that Apply to the Otherwise Use of EPCRA Section 313
Chemicals
Some exemptions are limited to the "otherwise use" of an EPCRA Section 313 chemical.
EPCRA Section 313 chemicals used in these activities do not need to be included in a facility's
threshold determinations nor the associated release and other waste management calculations,
provided thresholds are met elsewhere. The following otherwise use activities are considered
exempt (see most current versions of TRI Forms and Instructions and EPCRA Section 313
Questions and Answers documents):
• EPCRA Section 313 chemicals used in routine janitorial or facility grounds
maintenance. Examples are bathroom cleaners and fertilizers and garden
pesticides in similar type or concentration distributed in consumer products.
Materials used to clean process-related equipment do not qualify for this
exemption.
• EPCRA Section 313 chemicals for personal use. Examples are foods, drugs,
cosmetics, and other personal items including those items used in cafeterias and
infirmaries.
Example - Personal Use Exemption
Ammonia used to clean a cafeteria grill is exempt from threshold determinations and release and other waste
management calculations. Chlorine added to the water supply system to prepare potable water for consumption
at the facility is also exempt under the personal use exemption.
EPCRA Section 313 chemicals in structural components of the facility. This
exemption applies to EPCRA Section 313 chemicals present in materials used to
construct, repair, or maintain non-process related structural components of a
facility. An example common to all facilities would be the solvents and pigments
used to paint the administrative office buildings. Materials used to construct,
repair, or maintain process-related equipment (e.g., storage tanks, reactors, and
piping) are not exempt.
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EPCRA Section 313 chemicals used to maintain facility motor vehicles. This
exemption includes the use of EPCRA Section 313 chemicals for the purpose of
maintaining motor vehicles operated by the facility. Common examples include
EPCRA Section 313 chemicals in gasoline, radiator coolant, windshield wiper
fluid, brake and transmission fluid, oils and lubricants, batteries, cleaning solutions,
and solvents in paint used to touch up the vehicle. Motor vehicles include cars,
trucks, forklifts, and locomotives. Note that this exemption applies only to the
OTHERWISE USE of the chemical only. The coincidental manufacture of
EPCRA Section 313 chemicals resulting from combustion of gasoline is not
considered part of the exemption, and any amounts of EPCRA Section 313
chemicals coincidentally manufactured should be considered as part of the
manufacturing threshold.
Example - Motor Vehicle Exemption
Methanol is purchased for use as a processing aid and as a windshield washer anti-freeze in company vehicles.
The amount used for the latter purpose can be subtracted from the facility total BEFORE the facility total is
compared to the activity threshold. Even if the facility still exceeds the otherwise use threshold, the amount in
the anti-freeze is eligible for the exemption from release and other waste management reporting.
This exemption does NOT apply to stationary equipment. The use of lubricants and fuels for
stationary process equipment (e.g., pumps and compressors) and stationary energy sources (e.g.
furnaces, boilers, heaters), are NOT exempt.
Example - Use of Lubricants
Lubricants containing EPCRA Section 313 chemicals used on facility vehicles or on-site structural maintenance
activities that are not integral to the process are exempt activities. However, lubricants used to maintain pumps
and compressors, which aid in facility process-related operations, are not exempt and the amount of the
chemical in that lubricant should be applied to the otherwise use threshold.
EPCRA Section 313 chemicals in certain air and water drawn from the
environment or municipal sources. Included are EPCRA Section 313 chemicals
present in process water and non-contact cooling water drawn from the
environment or a municipal source, or chemicals present in compressed air or air
used in combustion.
Example - Chemicals in Process Water
A facility uses river water in its cooling tower. The facility draws out of and ultimately returns to the river
water that contains 100 pounds of an EPCRA Section 313 chemical. Any amount of the EPCRA Section 313
chemicals that may be contained in the river water does not have to be considered for threshold determinations
or release and other waste management calculations because the EPCRA Section 313 chemicals were present in
the water as it was drawn from the environment.
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3.2.3 Additional Guidance on Threshold Calculations for Certain Activities
This section covers two specific situations in which the threshold determination may vary
from normal facility operations: reuse and remediation activities of EPCRA Section 313
chemicals.
3.2.3.1 On-site Reuse Activities
Threshold determinations of EPCRA Section 313 chemicals that are reused at the facility
are based only on the amount of the EPCRA Section 313 chemical that is added during the year,
and not the total volume in the system or the amounts reused.
Example - Reuse Activities
A facility operates a heat transfer unit that contains 15,000 pounds of ethylene glycol at the beginning of the
year that was in use in prior years. The system is charged with 2,000 pounds of ethylene glycol during the
reporting year. The facility has therefore "otherwise used" only 2,000 pounds of the covered EPCRA Section
313 chemical within that particular reporting year. A facility reporting for the first time would consider only
the amount of EPCRA Section 313 chemical that is added during its first reporting year towards its "otherwise
use" threshold for that year. If, however, the entire heat transfer unit was recharged with 15,000 pounds of
ethylene glycol during the year, the facility would consider the 15,000 pounds toward its otherwise use threshold
and, exceeding the otherwise use threshold, be required to report.
3.2.3.2 Remediation Activities
EPCRA Section 313 chemicals that are being managed at a remediation site (e.g.,
Superfund) are not considered manufactured, processed, or otherwise used and therefore, they are
not included in the threshold determinations. However, if during remediation activities, an
EPCRA Section 313 chemical is manufactured, then these amounts would have to be considered
toward the manufacturing threshold. Additionally, if you are conducting remediation for an
EPCRA Section 313 chemical for which you have exceeded an activity threshold elsewhere at the
facility, you must consider this activity in your release and other waste management calculations.
In that case, you must report any release and other waste management of an EPCRA Section 313
chemical due to remediation in Part II, Sections 5 through 8, accordingly, of the Form R. Those
quantities, however, would not be considered as part of the reportable amount for determining
Form A eligibility because they are not considered part of normal production related activities.
3.3 Step 3. Determine which EPCRA Section 313 chemicals exceed a threshold
The final step is to determine which chemicals exceed a threshold. At this point you
should have:
1. Determined each EPCRA Section 313 chemical at your facility;
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2. Determined the threshold activity for each EPCRA Section 313 chemical
(manufactured, processed, or otherwise used) and calculated the quantity for each activity.
Now, you must sum the usage for each chemical by threshold activity, subtract all exempt
quantities, and compare the totals to the applicable thresholds. Each EPCRA Section 313
chemical exceeding any one of the activity thresholds requires the submission of a Form R.
Provided you meet certain criteria you may be eligible to file a Form A rather than a Form R.
POSSIBLE ERROR - What if Your Facility Has No Releases and Other
Waste Management Quantities of EPCRA Section 313 Chemicals?
If you meet all reporting criteria and exceed any threshold for an EPCRA Section 313 chemical, you must file a
Form R or Form A for that chemical, even if you have zero releases and no other waste management activities.
Exceeding the chemical activity threshold, not the quantity released and otherwise managed as waste,
determines whether you must report. Note that if the total annual reportable amount is 500 pounds or less, and
you do not exceed one million pounds manufactured, processed, or otherwise used for that chemical, then you
are eligible to submit a Form A rather than a Form R for that chemical (see Chapter 2.9).
Calculating the Manufacturing Threshold for EPCRA Section 313 Chemicals in Wastes
Metal mining may coincidently manufacture EPCRA Section 313 chemicals during heap
leaching, wastewater treatment, and other waste management operations. You will also need to
consider whether EPCRA Section 313 chemicals are produced coincidentally, even if the chemical
exists for only a short period of time, and later is destroyed by air control equipment. Most
commonly, incineration may result in the manufacture of metal compounds (usually as a result of
oxidation), acid aerosols, and other organic compounds, or convert metal compounds to the
parent metal (e.g., mercury compounds in coal convert to elemental mercury). The following
discussion describes how to calculate the manufacturing threshold for these situations.
To calculate the amount of EPCRA Section 313 metal compounds manufactured during
combustion of wastes, you will need to determine the concentration of each metal present in the
waste being combusted. The best "readily available data" should be used to estimate the
approximate concentration of the metal(s) in the waste. If you have data regarding chemical
concentrations in the wastes (e.g., analytical data) and believe that it is the best "readily available
data", then you should use this information. If specific concentration data of the metals in the
waste do not exist, you can assume that the metals will convert to the lowest weight metal oxide
possible.
During combustion, other EPCRA Section 313 chemicals could be manufactured,
particularly acid aerosols. For instance, sulfuric acid (acid aerosols) could be produced depending
on a variety of factors such as sulfur content of the waste. If you have specific data on the
manufacture of acid aerosols, then use it. If data are not available, EPA has published guidance
on calculating the amount of sulfuric acid (acid aerosols) manufactured during combustion, which
could be applied to the combustion of wastes; Guidance for Reporting Sulfuric Acid (acid
aerosols including mists, vapors, gas, fog, and other airborne forms of any particle size)., EPA,
March 1998, available on EPA's TRI website at http://www.epa.gov/opptintr/tri.
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To estimate the amount of EPCRA Section 313 chemicals manufactured during
wastewater treatment, the Clean Water Act typically requires facilities to monitor some EPCRA
Section 313 chemicals. In particular, the facility's wastewater permit application may have more
detailed, chemical-specific monitoring data. However, it is important to note how the chemical is
monitored in relation to the EPCRA Section 313 chemical being evaluated. For example,
wastewater permits may require monitoring for the nitrate ion, but the nitrate compound category
is calculated by the total weight of the nitrate compound.
Calculating the Otherwise Use and Processing Thresholds for EPCRA Section 313 Chemicals
in Wastes
To determine if a chemical exceeds the processing or otherwise use threshold, you must
calculate the annual activity for that chemical. For EPCRA Section 313 chemicals in wastes, start
with the amount of chemical in stored waste as of January 1, add the amount of the chemical in
waste both received from off-site and generated on-site and any amounts that are manufactured
during the treatment during the year, and subtract the amount remaining in storage on December
31. The waste manifests received from your customers will be an invaluable source for
determining the quantities of different types of wastes managed by your facility, particularly in
terms of classifying how various types and quantities undergo a treatment step, or are disposed by
your facility, for example when determining if the otherwise use threshold has been exceeded.
Calculating Thresholds for EPCRA Section 313 Chemicals in Purchases
For purchased chemicals, start with the amount of chemical at the facility as of January 1,
add any purchases during the year and the amount manufactured (including imported), and
subtract the amount remaining in the inventory on December 31. If necessary, adjust the total to
account for exempt activities (see Chapter 3.2.2 for a discussion of exemptions). You should
then compare the result to the appropriate threshold to determine if you are required to submit an
EPCRA Section 313 report for that chemical.
Keep in mind that the threshold calculations are independent for each threshold activity:
manufactured, processed, and otherwise used. If more than one threshold activity applies, the
amount associated with each activity is determined separately.
Table 3-9 presents a worksheet that may be helpful when conducting your threshold
determinations and Table 3-10 illustrates an example of how the work sheet can be used for the
following example:
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Example - Threshold Worksheet
A lead (Pb) mine extracts 1,000,000 tons of ore at 6.0 % PbS (galena). The facility crushes and grinds the ore to
prepare it for flotation. Flotation produces a concentrate of PbS. After flotation, the facility roasts the
concentrate to produce 55,970 tons of lead oxide (PbO), which is then smelted to create the elemental lead. For
purposes of the threshold determination, both lead sulfide (PbS) and lead oxide (PbO) are processed. The
facility also manufactures lead oxide (PbO). The facility must total the lead oxide and lead sulfide processed,
and compare the total to the 25,000 pound processing threshold, and compare the amount of lead oxide
manufactured to the 25,000 pound manufacturing threshold. As shown on the threshold determination
worksheet in Table 3-9, the facility exceeds both the manufacturing and processing thresholds, and must submit
a Form R or Form A. The facility must conduct a separate threshold determination (not discussed here) for
elemental lead.
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Table 3-9 Section 313 Reporting Threshold Worksheet
Facility Name:
Toxic Chemical or Chemical Category:
CAS Number:
Reporting Year:
Date Worksheet Prepared:
Prepared By:
Amounts of the toxic chemical manufactured, processed, or otherwise used.
Mixture Name, Waste Name, or
Other Identifier
1.
2.
3.
4.
Subtotal:
Information
Source
Total Weight
(Ib)
Percent TRI
Chemical
by Weight
TRI Chemical
Weight
(in Ibs)
Amount of the Listed Toxic Chemical by Activity (in Ibs.):
Manufactured
(A) Ibs.
Processed
(B) Ibs.
Otherwise Used
(C) Ibs.
Exempt quantity of the toxic chemical that should be excluded.
Mixture Name or Waste Name
as Listed Above
1.
2.
3.
4.
Subtotal:
Applicable Exemption (de
minimis, article, facility,
activity)
Fraction or Percent Exempt
(if Applicable)
Amount of the Toxic Chemical Exempt from Above (in
Ibs.):
Manufactured
(Aj) Ibs.
Processed
(Bj) Ibs.
Otherwise Used
(Cj) Ibs.
Amount subject to threshold:
Ibs.
Ibs.
Ibs.
Compare to threshold for Section 313 reporting. 25.000 Ibs. 25.000 Ibs.
If any threshold is exceeded, reporting is required for all activities. Do not submit this worksheet with Form R, retain it for your records.
10.000 Ibs.
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Table 3-9. Sample Section 313 Reporting Threshold Worksheet
Facility Name: Galena Mine
Toxic Chemical or Chemical Category: Lead Compounds
CAS Number: N420
Reporting Year: 1998
Amounts of the toxic chemical manufactured, processed, or otherwise used.
Date Worksheet Prepared: May 1. 1999
Prepared By:
Mixture Name, Waste Name, or
Other Identifier
1. Galena in ore
2. Lead Oxide from roasting
Subtotal:
Information
Source
Assay, Mine
records
Operating
records
Total Weight
(Ib)
1,000,000 tons
x 2,000 Ib/ton
55,970 tons x
2,0001b/ton
Percent TRI
Chemical
by Weight
6.0%
NA
TRI Chemical
Weight
(in Ibs)
120,000,000
111,940,000
Amount of the Listed Toxic Chemical by Activity (in Ibs.):
Manufactured
—
111,940,000
(A) 111,940,000
Ibs.
Processed
120,000,000
111,940,000
(B) 231,940,000
Ibs.
Otherwise Used
—
—
(C) 0 Ibs.
Exempt quantity of the toxic chemical that should be excluded.
Mixture Name or Waste Name
as Listed Above
1. None
2.
3.
4.
Subtotal:
Applicable Exemption (de
minimis, article, facility,
activity)
Fraction or Percent Exempt
(if Applicable)
Amount of the Toxic Chemical Exempt from Above (in
Ibs.):
Manufactured
(Aj) 0 Ibs.
Processed
(Bj) 0 Ibs.
Otherwise Used
(Cj) 0 Ibs.
Amount subject to threshold:
(A-A,)
111,940,000
25.000 Ibs.
231,940,000
25.000 Ibs.
Compare to threshold for Section 313 reporting.
If any threshold is exceeded, reporting is required for all activities. Do not submit this worksheet with Form R, retain it for your records.
(c-c,)
Olbs
10.000 Ibs.
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Chapter 4 - Estimating Releases and Other Waste Management Quantities
4.0 PURPOSE
Once you have determined which EPCRA Section 313 chemicals have exceeded
thresholds at your facility, as described in Chapter 3, you must then estimate amounts of these
chemicals in waste by particular waste management type (e.g., release to air, transfer off-site,
etc..). To aid your facility in making these calculations, this chapter is intended to help you in
developing a systematic approach for conducting release and other waste management
calculations specific to metal mining facilities. This chapter has been divided into two parts. The
first part provides a general approach to identifying sources of potential releases and other waste
management activities, collecting data, and determining the most appropriate method(s) to
develop estimates. Chapter 4.1 also provides insights into the requirements, recommended
approaches, and other nuances associated with developing comprehensive and accurate estimates
for EPCRA Section 313 chemicals. To illustrate this approach, a diagram of a recommended
steps for estimating quantities of EPCRA Section 313 chemicals released or otherwise managed
as wastes is provided in Figure 4-1.
Chapter 4.2 of this chapter provides a focused discussion with examples of methods and
tools to use in calculating estimates of releases and other waste management activities specific to
many metal mining operations. In particular, Chapter 4.2 provides specific examples and issues
pertaining to extraction activities and common beneficiation methods.
4-1
-------
Step 1: Identify Potential Release
and Other Waste
Management Sources
Prepare Process
Flow Diagram
>3; Identify Release and Other
Waste Management
Activity Types
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Step 4: Review Available
Data & Choose
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Sfep 4: Calculate Amounts of
Releases and Other Waste
Management Activities
Figure 4-1 Release and Other Waste Management Calculation Approach
-------
4.1 General Steps for Determining Releases and Other Waste Management Activities
You can develop release and other waste management estimates by completing these four
basic steps. See Figure 4-1 for illustration of this four-step process.
Step 1) Identify potential sources of chemicals released or otherwise managed as
waste.
Step 2) Prepare a process flow diagram.
Step 3) Identify on-site releases, off-site transfers, and other on-site waste
management activity types.
Step 4) Determine the most appropriate method(s) to develop the estimates for
releases and other waste management activity quantities and calculate the
estimates.
These steps are described in detail in the following sections.
4.1.1 Step 1: Identify Potential Sources of Chemical Release and Other Waste
Management Activities
The first step in release calculations is to identify all areas at your facility that could
potentially release EPCRA Section 313 chemicals. Consider all potential sources at which
EPCRA Section 313 chemicals may be released and otherwise managed from each unit operation
and process. Remember to include upsets and routine maintenance activities. Potential sources
include the following:
• Relief valves;
• Pumps;
• Stacks;
• Volatilization from process or treatment;
• Fittings;
• Transfer operations;
• Flanges;
• Storage tanks;
• Stock pile losses;
• Waste treatment discharges;
• Process discharge stream;
• Container residues;
Recycling and energy recovery byproducts;
Accidental spills and releases;
Storm water runoff;
Clean up and housekeeping practices;
Treatment sludge; and
Combustion byproducts.
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Next, you must identify the EPCRA Section 313 chemicals that are released and otherwise
managed from each source. A thorough knowledge of the facility's operations and processes will
be required to make an accurate determination of which chemicals are involved, including those
EPCRA Section 313 chemicals that are coincidentally manufactured during these processes.
4.1.2 Step 2: Prepare a Process Flow Diagram
Preparing a process flow diagram will help you calculate your releases by illustrating the
life-cycle of the EPCRA Section 313 chemical(s), as well as help you identify any sources of
chemicals that are released and otherwise managed as waste at your facility that you might have
missed in step 1. Depending on the complexity of your facility, you may want to diagram
individual processes or operations rather than the entire facility. The diagram should illustrate
how materials flow through the processes and identify material input, generation, and output
points. By reviewing each operation separately, you can determine where EPCRA Section 313
chemicals are manufactured, processed, or otherwise used and the medium to which they will be
released on-site, transferred off-site for further waste management, or otherwise managed as
wastes on-site.
4.1.3 Step 3: Identify On-Site Releases, Off-Site Transfers and On-Site Waste
Management Activity Types
For each identified source of an EPCRA Section 313 chemical, you must examine all
possible releases and other waste management activities. Figure 4-2 is a schematic of releases and
other waste management activities as they correspond to individual data elements on the Form R.
Remember to include both routine operations and accidents when identifying types of chemical
management activities. This diagram, along with the following descriptions, can be used as a
checklist to make sure all possible types of releases and other waste management activities have
been considered.
a. Fugitive or Non-Point Air Emissions (Part II, Section 5.1 of Form R) -
Emissions to the air that are not released through stacks, vents, ducts, pipes, or
any confined air stream. Examples include:
• Equipment leaks from valves, pump seals, flanges, compressors, sampling
connections, open-ended lines, etc.;
• Releases from building ventilation systems, such as a roof fan in an open
room;
• Evaporative losses from solvent cleaning tanks, surface impoundments, and
spills; and
• Emissions from any other fugitive or non-point sources.
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EPCRA Section 313
Chemical In
Point Sources
A
Fugitive Emissions
A
Operation
(EPCRA Section 313
Chemicals Manufactured
On-Site)
Underground Injection
on-site
Receiving Streams
POTWs
Transfer Off-Site
Recycling
Energy Recovery
Treatment
Disposal
Product Containing
EPCRA Section 313
Chemical
(Not Reported on Form R)
Treatment
On-site Management
Energy Recovery
Recycling
Land on-site (landfill, land
treatment, surface impoundment,
other disposal)
Figure 4-2. Possible Release and Other Waste Management Types
for EPCRA Section 313 Chemicals
4-5
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b. Stack or Point Air Emissions (Part II, Section 5.2 of Form R) - All emissions
to the air which occur through stacks, vents, ducts, pipes, or any confined air
stream, including storage tank emissions and emissions from air pollution control
equipment. Emissions released from general room air through a ventilation system
are not considered stack or point releases for the purpose of EPCRA Section 313
reporting unless they are channeled through an air pollution control device.
Instead, they are considered fugitive releases. You should note that some state air
quality agencies consider ventilation systems without an attached pollution control
device to be a stack or point source, and other agencies consider releases from
storage tanks to be fugitive emissions.
c. Discharges to Receiving Streams or Water Bodies (Part II, Section 5.3 of
Form R) - Direct wastewater discharges to a receiving stream or surface water
body. Discharges usually occur under a National Pollutant Discharge Elimination
System (NPDES) permit.
d. Underground Injection On site to Class I Wells (Part II, Section 5.4.1 of
Form R) and to Class II through V Wells (Part II, Section 5.4.2 of Form R)
Disposal into an underground well at the facility. These wells may be monitored
under an Underground Injection Control (UIC) Program permit. RCRA
Hazardous Waste Generator Reports may be a good source of information for
wastes injected into a Class I well. Injection rate meters combined with waste
profiles may provide the necessary information for all classes of wells.
e. Releases to Land On Site (Part II, Section 5.5 of Form R) - All releases to land
on site, both planned (i.e., disposal) and unplanned (i.e., accidental release or spill).
The four predefined subcategories for reporting quantities released to land within
the boundaries of the facility are:
e(l). Landfill - The landfill may be either a RCRA permitted or a non-hazardous
waste landfill. Both types are included if they are located on site.
e(2). Land treatment/application farming - Land treatment is a disposal
method in which a waste containing an EPCRA Section 313 chemical is
applied to or incorporated into soil. Volatilization of an EPCRA Section
313 chemical due to the disposal operation must be included in the total
fugitive air releases and/or should be excluded from land
treatment/application farming to accurately represent the disposition of the
EPCRA Section 313 chemical and to avoid double counting.
Sludge and/or aqueous solutions that contain biomass and other organic
materials are often collected and applied to farm land. This procedure
supplies a nitrogen source for plants and supplies metabolites for
microorganisms. EPA considers this operation to be land
treatment/farming if it occurs on site. If a facility sends this material off
site for the same purpose, it is considered to be a "transfer to an off site
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location, disposal" and should be reported under Part II, Sections 6.2 and
8.1 of the Form R.
The ultimate disposition of the chemical after application to the land does
not change the required reporting. For example, even if the chemical is
eventually biodegraded by microorganisms or plants, it is not considered
recycled, reused, or treated.
e(3). Surface impoundment - A surface impoundment is a natural topographic
depression, man-made excavation, or diked area formed primarily of
earthen materials that is designed to hold an accumulation of wastes
containing free liquids. Examples include: holding, settling, storage, and
elevation pits; ponds; and lagoons. Ash disposed in excavated areas would
also be reported here.
You do not have to report quantities of an EPCRA Section 313 chemical
that are released to a surface impoundment as part of a wastewater
treatment operation in this section. However, if the sludge from the
surface impoundment contains the EPCRA Section 313 chemical, then the
EPCRA Section 313 chemical in the sludge must be estimated in this
section unless the sludge is removed and subjected to another waste
management activity. In that case, it should be reported for that activity, as
appropriate.
e(4). Other disposal - Releases to land that do not fit the categories of landfills,
land treatment, or surface impoundment are classified as other disposal.
This category also includes any spills or leaks of the EPCRA Section 313
chemical to land.
f. Transfers Off Site to a Publicly Owned Treatment Works (POTW) (Part II,
Section 6.1 of Form R) The amount of EPCRA Section 313 chemical in water
transferred to an off site POTW.
g. Transfers to Other Off-Site Locations (Part II, Section 6.2 of Form R) All
amounts of the EPCRA Section 313 chemical transferred off-site for the purposes
of waste treatment, disposal, recycling, or energy recovery. Be sure to include
quantities of the EPCRA Section 313 chemical in non-hazardous wastes (such as
sanitary waste and facility trash) transferred off-site and metals in waste transferred
off site for recycling.
Any residual chemicals in "empty" containers transferred off-site would also be
reported in Section 6.2. EPA expects that all containers (bags, totes, drums, tank
trucks, etc.) will have a small amount of residual solids and/or liquid. On-site
cleaning of containers must be considered for EPCRA Section 313 reporting. If
the cleaning occurs with a solvent (organic or aqueous), you must report the
disposition of the waste solvent as appropriate. If the containers are sent off site
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for disposal or reclamation, you should report the EPCRA Section 313 chemical in
this section.
h. On-Site Waste Treatment (Part II, Section 7A of Form R) All on-site waste
treatment of reported EPCRA Section 313 chemicals. The information reported in
Section 7A focuses on the treatment of the waste stream. The information
includes: type of waste stream (gaseous, aqueous or non-aqueous liquid, or solid);
treatment methods or sequence; influent concentrations of the EPCRA Section 313
chemical; treatment efficiency of each method or sequence; and whether efficiency
data are based on actual operating data. Metal compounds in waste subjected to a
combustion process are not destroyed but should still be reported as going through
the treatment process, with a treatment efficiency of zero.
Example - On-Site Waste Treatment
A process at the facility generates a wastewater stream containing an EPCRA Section 313
chemical (chemical A). A second process generates a wastewater stream containing two
EPCRA Section 313 chemicals, a metal (chemical B) and a mineral acid (chemical C).
Thresholds for all three EPCRA Section 313 chemicals have been exceeded and you are in
the process of completing separate Form Rs for each chemical.
All wastewater streams are combined and sent to an on-site wastewater treatment system
before being released to a POTW. This system consists of an oil/water separator which
removes 99% of chemical A; a neutralization tank where the pH is adjusted to 7.5, thereby
destroying 100% of the mineral acid (chemical C), and a settling tank where 95% of the
metal (chemical B) is removed from the water (and eventually landfilled off site).
Section 7A should be completed slightly differently for each chemical for which a Form R
must be filed. The table accompanying this example shows how Section 7A should be
completed for each chemical. First, on each Form R you should identify the type of waste
stream in Section 7A. la as wastewater (aqueous waste, code W). Next, on each Form R you
should list the code for each of the treatment steps that are applied to the entire waste
stream, regardless of whether the operation affects the chemical for which you are
completing the Form R (for instance, the first four blocks of Section 7A. Ib of all three Form
Rs should show: P19 (liquid phase separation), Cll (neutralization), Pll
(settling/clarification), and NA (to signify the end of the treatment system). Note that
Section 7A.lb is the only section of the Form R that is not chemical specific. It applies to
the entire waste stream being treated. Section 7A. Ic of each Form R should show the
concentration of the specific chemical in the influent to the first step of the process
(oil/water separation). For this example, assume chemicals A, B, and C are all present at
concentrations greater than 1%. Therefore, code " 1" should be entered. Section 7A. Id is
also chemical specific. It applies to the efficiency of the entire system in destroying and/or
removing the chemical for the Form R you are currently completing. 99% should be
entered when filing for chemical A, 95% for chemical B, and 100% for chemical C.
Finally, you should report whether the influent concentration and efficiency estimates are
based on operating data for each chemical, as appropriate.
Chemical A
7A.la
7A.lb
1. P19 2. Cll
7A.lc
7A.ld
7A.le
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w
3. Pll 4. NA
6.
7.
99 %
Yes No
X
Chemical B
7A.la
W
7A.lb
1. P19
2. Cll
3. Pll 4. NA
6.
7.
7A.lc
7A.ld
95 %
7A.le
Yes No
X
Chemical C
7A.la
W
7A.lb
1. P19
2. Cll
3. NA
6.
7.
7A.lc
7A.ld
100 %
7A.le
Yes No
X
Note that the quantity removed and/or destroyed is not reported in Section 7 and that the
efficiency reported in Section 7A.ld refers to the amount of EPCRA Section 313 chemical
destroyed and/or removed from the applicable waste stream. The amount actually destroyed
should be reported in Section 8.6 (quantity treated on site). For example, when completing
the Form R for chemical B you should report "0" pounds in Section 8.6 because the metal
has been removed from the wastewater stream, but not actually destroyed. The quantity of
chemical B that is ultimately land filled off site should be reported in Section 6.2 and 8.1.
However, when completing the Form R for chemical C you should report the entire quantity
in Section 8.6 because raising the pH to 7.5 will completely destroy the mineral acid.
On-Site Energy Recovery (Part II, Section 7B of Form R) All on-site energy
recovery of reported EPCRA Section 313 chemicals must be reported. EPA's
view is that chemicals that do not contribute significant heat energy during
combustion processes should not be considered for energy recovery. Therefore,
only chemicals with a significant heating value (e.g., heating value high enough to
sustain combustion) that are combusted in an energy recovery unit, such as an
industrial furnace, kiln, or boiler can be reported for energy recovery. If an
EPCRA Section 313 chemical is incinerated on-site but does not significantly
contribute energy to the process (e.g., chlorofluorocarbons), it must be considered
on-site waste treatment (see Chapter 4.1.3, h. above). Metal and metal
compounds in a waste that is combusted cannot be considered combusted for
energy recovery because metals do not have any heat value.
On-Site Recycling (Part II, Section 7C of Form R) All on-site recycling
methods used on EPCRA Section 313 chemicals must be reported.
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k. Source Reduction and Recycling Activities (Part II, Section 8 of Form R)1
Provide information about source reduction and recycling activities related to the
EPCRA Section 313 chemical for which releases and other waste management
activities are being reported. Section 8 uses some data collected to complete Part
II, Sections 5 through 7. For this reason, Section 8 should be completed last. The
relationship between Sections 5, 6, and 8.8 to Sections 8.1, 8.3, 8.5, and 8.7 are
provided in equation forms below.
k(l). Quantity Released (Part II, Section 8.1 of Form R) - The quantity
reported in Section 8.1 is the quantity reported in all of Section 5 plus the
quantity of metals and metal compounds reported as discharged off site to
POTWs in Section 6.1 plus the quantity reported as sent off site for
disposal in Section 6.2 minus the quantity reported in Section 8.8 that was
released on-site or transferred off-site for disposal:
Section 8.1 = Section 5 + Section 6.1 (metals and metal compounds) +
Section 6.2 (disposal only) - Section 8.8 (release or off-site disposal only)
k(2). Quantity Used for Energy Recovery On-Site (Part II, Section 8.2 of
Form R) - Estimate a quantity of the EPCRA Section 313 chemical in
wastes combusted for energy recovery on-site. This estimate should be the
quantity of the chemical combusted in the process for which codes were
reported in Section 7B (unless the 7B code is related to a Section 8.8
activity). Test data from trial burns or other monitoring data may be used
to estimate the quantity of the EPCRA Section 313 chemical combusted
for energy recovery purposes. If monitoring data are not available, vendor
specifications regarding combustion efficiency may be used as they relate to
the EPCRA Section 313 chemical. A quantity should be reported in
Section 8.2 when a method is reported in Section 7B (unless the 7B code is
related to a Section 8.8 activity). Combustion for energy recovery is
interpreted by EPA to include the combustion of an EPCRA Section 313
chemical that is (1) (a) a RCRA hazardous waste or waste fuel, (b) a
constituent of a RCRA hazardous waste or waste fuel, or (c) a spent or
contaminated "otherwise used" material; and that (2) has a significant
heating value and is combusted in an energy or materials recovery device.
Energy or materials recovery devices are boilers and industrial furnaces as
defined in 40 CFR 372.3 (see 62 FR 23891, May 1, 1997). If a reported
EPCRA Section 313 chemical is incinerated but does not contribute energy
to the process (e.g., metal, metal compounds, and chlorofluorocarbons), it
must be considered treatment for destruction. In determining whether an
EPCRA Section 313 listed chemical is combusted for energy recovery, the
facility should consider the heating value of the EPCRA Section 313
chemical and not of the chemical stream. Note that "NA" should be
The subsection 8.1 through 8.8 designation are those for the 1997 Form R. Please refer to the
current reporting year's TRI Forms and Instructions for any changes.
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reported for EPCRA Section 313 chemicals which are halogens, CFCs,
halons, and metals.
k(3). Quantity Used for Energy Recovery Off-Site (Part II, Section 8.3 of
Form R) - The quantity reported in Section 8.3 is the quantity reported in
Section 6.2 for which energy recovery codes are reported. If a quantity is
reported in Section 8.8, subtract any associated off-site transfers for energy
recovery:
Section 8.3 = Section 6.2 (energy recovery) - Section 8.8 (off-site energy
recovery)
Combustion for energy recovery is interpreted by EPA to include the
combustion of an EPCRA Section 313 chemical that is (1) (a) a RCRA
hazardous waste or waste fuel, (b) a constituent of a RCRA hazardous
waste or waste fuel, or (c) a spent or contaminated "otherwise used"
material; and that (2) has a significant heating value and is combusted in an
energy or materials recovery device. Energy or materials recovery devices
are boilers and industrial furnaces as defined in 40 CFR 372.3 (see 62 FR
23891, May 1, 1997). If a reported EPCRA Section 313 chemical is
incinerated but does not contribute energy to the process (e.g., metal, metal
compounds, and chlorofluorocarbons), it must be considered treatment for
destruction. In determining whether an EPCRA Section 313 listed
chemical is combusted for energy recovery, the facility should consider the
heating value of the EPCRA Section 313 chemical and not of the chemical
stream. "NA" should be reported for EPCRA Section 313 chemicals which
are halogens, CFCs, halons, and metals.
k(4). Quantity Recycled On-Site (Part II, Section 8.4 of Form R) - Estimate
a quantity of the EPCRA Section 313 chemical recycled in wastes on-site.
This estimate should be the quantity of the chemical recycled in the
operation for which codes were reported in Section 7C (unless the 7C code
is related to a Section 8.8 activity). A quantity should be reported in
Section 8.4 when a method of on-site recycling is reported in Section 7C
(unless the 7C code is related to a Section 8.8 activity). To estimate this
quantity, you should determine if operating data exist which indicate a
recovery efficiency and use that efficiency value combined with throughput
data to calculate an estimate. If operating data are unavailable, use
available vendor specifications.
k(5). Quantity Recycled Off-Site (Part II, Section 8.5 of Form R) - The
quantity reported in Section 8.5 will generally be the same as the quantity
reported in Section 6.2 for which recycling codes are reported. If a
quantity is reported in Section 8.8, subtract any associated off-site transfers
for recycling:
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§8.5 = §6.2 (recycling) - §8.8 (off-site recycling)
k(6). Quantity Treated On-Site (Part II, Section 8.6 of Form R) - Waste
treatment in Section 8 is limited to the destruction or chemical conversion
of the EPCRA Section 313 chemical in wastes. The quantities reported in
Section 8.6 will be those treated in a subset of the operations for which
codes were reported in Section 7 A, where treatment can include physical
removal of the EPCRA Section 313 chemical(s) from a waste stream. To
estimate the quantity, you should determine if operating data exist which
indicate a treatment (e.g., destruction or chemical conversion of EPCRA
Section 313 chemical) efficiency and use that efficiency value combined
with throughput data to calculate an estimate. Because metals cannot be
destroyed or chemically converted into something other than the metal or
metal compound, metals cannot be reported as treated in Sections 8.6 or
8.7. Note that conversion of a metal from one oxidation state to another
(e.g., Cr(VI) to Cr(III) is not considered treatment in Section 8.6. If
operating data are unavailable, use available vendor specifications. Section
7A must be completed if a quantity is entered into Section 8.6.
k(7). Quantity Treated Off-Site (Part II, Section 8.7 of Form R) - This
quantity reported in Section 8.7 must be the same as the quantity reported
in Section 6.2 for which treatment codes are reported and quantities sent to
a POTW as reported in Section 6.1 except for metal and metal compounds.
If a quantity is reported in Section 8.8, subtract any associated off-site
transfers for treatment:
Section 8.7 = Section 6.1 (except metals and metal compounds) + Section
6.2 (treatment) - Section 8.8 (off-site treatment)
Because metals cannot be destroyed or chemically converted into
something other than the metal or metal compound, metals cannot be
reported as treated in Sections 8.6 or 8.7. Quantities of metals reported in
Section 6.1 and 6.2 as being treated should be reported in Section 8.1
(Quantity Released) unless the facility has knowledge that the metal is
being recovered.
k(8). Quantity Released to the Environment as a Result of Remedial
Actions, Catastrophic Events, or One-Time Events Not Associated
with Production Processes (Part II, Section 8.8 of Form R) - The
purpose of this section is to separate quantities recycled, used for energy
recovery, treated, or released (including disposal) that are associated with
normal or routine production from those that are not. The quantity
reported in Section 8.8 is the quantity of the EPCRA Section 313 chemical
released directly into the environment or sent off-site for recycling, waste
treatment, energy recovery, or disposal during the reporting year due to
any of the following events:
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(1) Remedial actions;
(2) Catastrophic events such as earthquakes, fires, or floods; or
(3) One-time events not associated with normal or routine production
processes.
The quantity reported in Section 8.8 should not be included with quantities
reported in Part II, Sections 8.1 through 8.7 of Form R, but should be
included in Part II, Sections 5 and 6 of Form R as appropriate. The on-site
waste management activities should also be reported in Section 7.
Spills that occur as a routine part of production operations and could be
reduced or eliminated by improved handling, loading, or unloading
procedures are included in the quantities reported in Sections 8.1 through
8.7 as appropriate. On-site releases and off-site transfers for further waste
management resulting from remediation of an EPCRA Section 313
chemical or an unpreventable accident unrelated to production (such as a
hurricane) are reportable in Section 8.8.
On-site treatment, energy recovery, or recycling of EPCRA Section 313
chemicals in wastes generated as a result of remedial actions, catastrophic
events, or one-time events not associated with production processes are
not reported in Part II, Section 8.8 nor Sections 8.1 through 8.7 of Form
R.
k(9) Prior Year Estimates (for Part II, Sections 8.1 - 8.7 of Form R) - In
several instances, the Form R prompts the facility for information from
prior reporting years. In Section 8, Source Reduction and Recycling
Activities, Column A of Sections 8.1-8.7 requests release and other waste
management information from the prior reporting year. Because 1998 is
the first year that metal mining facilities were required to collect data for
EPCRA Section 313 reporting, you may enter "NA" in column A for Form
Rs for RY 1998 only. In Section 8.9, you are required to provide a
production ratio or activity index to reflect either the ratio of current year's
production to prior year's production or an index of the current year's
activity to prior year's activity with respect to the EPCRA Section 313
chemical. Because you were not required to collect data prior to 1998,
recently added facilities as a result of the industry expansion rulemaking
may also enter "NA" in Section 8.9 for Form Rs for RY 1998 only.
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POSSIBLE ERROR - Double Counting
Releases and other waste management activities should not be inadvertently "double counted." A single
wastewater discharge should not be listed as both a release to water (on site) and a discharge to POTW (off site).
Similarly, a release to land should not be listed as both a release to land (on site) and a transfer to an off-site
landfill. Estimates of releases and other waste management activities should be prepared for Sections 5 through
7 of the Form R. For the most part, Section 8 relies on the data collected to complete these previous sections.
Therefore, Section 8 should be completed last. However, the data elements of Section 8 (8.1 through 8.7) are
mutually exclusive and care should be taken to avoid double counting.
4.1.4 Step 4: Determine the Most Appropriate Method(s) to Develop the Estimates for
Releases and Other Waste Management Activity Quantities and Calculate the
Estimates
After you have identified all of the potential sources for release and other waste
management activity types, you must next estimate the quantities of each EPCRA Section 313
chemical released and otherwise managed as waste. EPA has identified four basic methods that
may be used to develop estimates (each estimate has been assigned a code that must be identified
when reporting). The methods and corresponding codes are:
• Monitoring Data or Direct Measurement (M);
• Mass Balance (C);
• Emission Factors (E); and,
• Engineering Calculations (O).
Descriptions of these techniques are provided in Estimating Releases and Waste
Treatment Efficiencies for the Toxic Chemical Release Inventory Form. They are also briefly
described below. EPA does not require you to conduct additional sampling or testing for
Section 313 reporting; however, you are required to use the best "readily available data" or
prepare "reasonable estimates". For example, emission factors or engineering calculations may
not be the best "readily available data" when other data, such as stack testing, are available. For
each reported amount, you are required to identify only the primary method used for each
estimate.
Based on site-specific knowledge and potential data sources available, you should be able
to determine the best method for calculating quantities for each release and other waste
management activity. Many potential sources of data exist for these (and other) methods of
developing estimates. Table 4-2 presents potential data sources and the estimation methodology in
which they are most likely to be used.
Table 4-2
Potential Data Sources for Release and Other Waste Management Calculations
|| DATA SOURCES |
Monitoring Data (M) Mass Balance (C)
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• Stack monitoring data
• Outfall monitoring data
• Air permits
• Industrial hygiene monitoring data
• NPDES permits
• POTW pretreatment standards
• Effluent limitations
• RCRA permit
• Hazardous waste analysis
• pH for acids
• Continuous emission monitoring
Emission Factors (E)
Supply records
Hazardous material inventory
Air emissions inventory
Pollution prevention reports
Hazardous waste manifests
Spill event records
AP-42 or other EPA emission factors
Published facility or trade association chemical-
specific emission factors
Engineering Calculations (O)
• Volatilization rates
• Raoult's Law
• Henry's Law
• Solubilities
• Non-published emission factors
• Facility or trade association non chemical specific
emission factors (e.g., SOCMI factors)
Once estimation methods have been determined for all potential sources, releases and
other waste management activities, an estimate for each EPCRA Section 313 chemical can be
developed corresponding to the data elements on Form R.
4.1.4.1 Monitoring Data or Direct Measurement (code M)
Using monitoring data or direct measurements is usually the best method for developing
estimates for chemical releases and other waste management activity quantities estimates. Your
facility may be required to perform monitoring under provisions of the Clean Air Act (CAA),
Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), or other
regulations. If so, these data should be available for developing estimates. Data may have also
been collected for your facility through an occupational health and safety assessment. If only a
small amount of direct measurement data are available or if you believe the monitoring data are
not representative, you must determine if another estimation method would give a more accurate
result.
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Example - Monitoring Data
Data from the on-site wastewater treatment facility indicate that the annual average concentration of copper in
the POTW discharge is 2 mg/L. The wastewater treatment facility processed 1.5 million gallons of water in
1998. The treated wastewater is discharged to an off-site POTW. The amount of copper transferred off site to
the POTW (for Part II, Section 6.1 of the Form R) is estimated as follows:
Amount of copper transferred
Ig } ( lib } ( 1L
° :fc :fc
45359g .2642g«/
= 25lbs/yr
POSSIBLE ERROR - Treatment Efficiencies
Vendor data on treatment efficiencies often represent ideal operating conditions. Thus, you should adjust such
data to account for downtime and process upsets during the actual reporting year that would result in lower
efficiencies. Remember that efficiencies reported by vendors are often general and may not apply to specific
chemicals or uses of the equipment. For example, an incinerator or flare may be 99.99% efficient in
combusting organic chemicals, but will have a zero percent efficiency in combusting metals.
4.1.4.2 Mass Balance (code C)
A mass balance involves determining the amount of an EPCRA Section 313 chemical
entering and leaving an operation. The mass balance is written as follows:
Input + Generation = Output + Consumption
where:
• Input refers to the materials (chemicals) entering an operation. For example,
chlorine added to process water as a disinfectant would be considered an input to
the water treatment operation.
• Generation identifies those chemicals that are created during an operation
(manufactured, including coincidental manufacturing). For example, additional
ammonia, sodium nitrite, or nitrate compounds may be coincidentally
manufactured in biological wastewater treatment systems.
• Output means any avenue by which the EPCRA Section 313 chemical leaves the
operation. Output may include on-site releases and other on-site waste
management activities; transfers for treatment, disposal, energy recovery, or
recycling; or the amount of chemical that leaves with the final product. In a
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solvent recovery operation, for example, the recovered solvent product and wastes
generated from the process are outputs.
Consumption refers to the amount of chemical that is converted to another
substance during the operation (i.e., reacted). For example, phosphoric acid would
be consumed by neutralization during wastewater treatment.
The mass balance technique may be used for manufactured, processed, or otherwise used
chemicals. It is typically useful for chemicals that are "otherwise used" and do not become part of
the final product, such as catalysts, solvents, acids, and bases. For large inputs and outputs, a
mass balance may not be the best estimation method, because slight uncertainties in mass
calculations can yield significant errors in the release and other waste management estimates.
Example - Estimating Releases to Air Using Mass Balance
A facility uses an EPCRA Section 313 chemical as a refrigerant in condensers to control air emissions and adds
20,000 pounds to the refrigeration system in 1998 (to make up for system losses). The chemical is released to
the air from relief vents, during system filling operations and from leaks in valves and fittings. During system
maintenance, the lines are bled directly into water and the system is vented to the air. Monitoring data of the
wastewater, including chemical concentrations and wastewater throughput, indicate that 1,200 pounds of the
chemical were discharged to the wastewater in 1998. The remaining losses are assumed to be fugitive air
releases and are estimated as follows:
Fugitive air releases of the EPCRA Section 313 chemical
= Amount input (Ibs/yr) - Amount released to wastewater (Ibs/yr)
= 20,000 Ibs/yr - 1,200 Ibs/yr
= 18,800 Ibs/yr
POSSIBLE ERROR - Mass Balances for Otherwise Used Chemicals
If you are performing mass balance to estimate the quantity for a particular data element, make sure you include
all inputs and outputs as precisely as possible. If, for example, you identify all inputs properly, but you fail to
include all outputs, your estimate could be inaccurately inflated. Furthermore, if all inputs and outputs are
identified, but are not precise, the estimate of the release in question could also be inaccurate.
4.1.4.3 Emissions Factors (code E)
An emission factor is a representative value that attempts to relate the quantity of a
chemical released with an associated activity. These factors are usually expressed as the weight of
chemical released divided by a unit weight, volume, distance, or duration of the activity releasing
the chemical (e.g., pounds of chemical released per pounds of product produced). Emission
factors, commonly used to estimate air emissions, have been developed for many different
industries and activities. You should carefully evaluate the source of the emission factor and the
conditions for its use to determine if it is applicable to the situation at your facility.
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Many emission factors are available in EPA's Compilation of Air Pollutant Emission
Factors (AP-42). The use of AP-42 emission factors is appropriate in developing estimates for
emissions from boilers and process heaters. Equations are presented in AP-42 to calculate
chemical specific emission factors for liquid material loading/unloading of transportation vehicles
and storage tanks. AP-42 can be accessed at EPA's Technology Transfer Network (TTN)
web site: http ://www. epa.gov/ttn/chief/ap42. html.
It should be noted that, for purposes of EPCRA Section 313 reporting, the only estimates
that can be reported as "emission factors (code E)" are published chemical-specific emission
factors.
Example - Emission Factors
Emission factors have been developed for air releases of fuel constituents and combustion products from boiler
operations. AP-42 lists a range of formaldehyde emission factors when No. 6 fuel oil is consumed:
0.024 to 0.061 Ibs formaldehyde generated/103 gallons No. 6 fuel oil fired.
A facility operating a boiler using No. 6 fuel oil could use the above emission factor to determine the amount of
formaldehyde generated and subsequently released to the air. If 1,000,000 gallons of No. 6 fuel oil is used
during a reporting year, the amount of formaldehyde generated would be between:
(0.024 lbs/103 gal) x (1,000,000 gallons) and (0.061 lbs/103 gal) x (1,000,000 gallons) = 24 and 61 Ibs
of formaldehyde
The mid-point of these two values, 42.5 pounds, should be use in developing release estimates assuming that a
threshold has been exceeded for formaldehyde.
NOTE: In addition to combustion by-products, there are other EPCRA Section 313 chemicals in No. 6 fuel oil
that should be considered for EPCRA Section 313 reporting.
4.1.4.4 Engineering Calculations (code O)
Engineering calculations are assumptions and/or judgements used to estimate quantities of
EPCRA Section 313 chemicals released or otherwise managed. The quantities are estimated by
using physical and chemical properties and relationships (e.g., ideal gas law, Raoult's law) or by
modifying an emission factor to reflect the chemical properties of the EPCRA Section 313
chemical in question. Engineering calculations rely on the process parameters; you must have a
thorough knowledge of the processes at your facility to complete these calculations.
Engineering calculations can also include computer models. Several computer models are
available for estimating emissions from landfills, wastewater treatment, water treatment, and other
processes.
Non-chemical-specific emission factors (e.g., SOCMI emission factors) and non-published
emission factors also can be used as discussed in Section 4.1.4.3, but must be classified as
"engineering calculations" for EPCRA Section 313 reporting.
4-18
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Example - Engineering Calculations
A copper mine exceeds an activity threshold for copper compounds, and is filing a Form R for copper
compounds. Secondary crushing of ore generates stack emissions of copper. Mining records show that the
concentration of copper in the ore is 0.5% by weight, and that the mine crushes 5,200,000 tons of ore during the
reporting year. The facility has emission factors for stack emissions of paniculate generated from secondary
crushing, but does not have copper-specific emission factors. The paniculate emission factor for secondary
crushing of ore is 60 pounds of paniculate released per 1,000 tons of ore crushed. The facility can estimate the
stack emissions of copper by assuming that the concentration of copper in the paniculate is the same as the
concentration of copper in the ore. The copper mine uses the following engineering calculation to estimate the
amount of copper released as a stack emission from secondary crushing:
60 pounds/1,000 tons ore x 5,200,000 tons/year x 0.5% = 1,560 pounds/year
4.1.4.5 Estimating Releases and Other Waste Management Quantities
Once all sources, types, and appropriate estimation methodologies have been identified,
you can estimate the release and other waste management activity quantities for each data element
of the Form R. The recommended approach is that you estimate the amounts released from all
sources at your facility by the data element on the form R (i.e., first estimate all fugitive emissions
for an EPCRA Section 313 chemical (Part II, Section 5.1), then estimate all stack air releases for
an EPCRA Section 313 chemical (Part II, Section 5.2), etc.). Table 4-3 presents a work sheet
that may be helpful in compiling this information.
If you submit a Form R, you must also enter on-site waste treatment information in
Section 7 A, including the code for each treatment method used, the treatment efficiency for the
chemical in the treated waste stream, and the concentration of the chemical in the influent sent to
treatment. You should report treatment methods that do not actually destroy or remove the
chemical by entering "0" for removal efficiency. Similarly, on-site energy recovery methods and
on-site recycling methods must be reported in Section 7B and 7C, respectively.
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Table 4-3
Release and Other Waste Management
Quantity Estimation Worksheet
Facility Name:
Toxic Chemical or Chemical Category:
CAS Number:
Reporting Year:
Date Worksheet Prepared:
Prepared by:
ON-SITE
Release or Other Waste Management
Activity Type
Amount (Ibs)
Basis of
Estimate
Form R Element
FUGITIVE AIR
Equipment Leaks
Process Areas
Evaporative Losses (spills, surface
impoundments)
Total =
5.1, (8.1 or 8. 8)
5.1, (8.1 or 8. 8)
5.1, (8.1 or 8. 8)
5.1, (8.1 or 8. 8)
STACK AIR
Process Vents
Storage Tanks
Control Device Stacks
Other
Total =
5.2, (8.1 or 8. 8)
5.2, (8.1 or 8. 8)
5.2, (8.1 or 8. 8)
5.2, (8.1 or 8. 8)
5.2, (8.1 or 8. 8)
RECEIVING STREAM/WATER BODY DISCHARGE
Stormwater Discharge
On-Site Treatment Plant Discharge
Total =
5.3, (8.1 or 8. 8)
ON-SITE UNDERGROUND INJECTION
Underground Injection to Class I Wells
Underground Injection to Class II -V Wells
ON-SITE LAND
Landfill
Land Treatment/Application Farming
Surface Impoundment
Other
Total =
ON-SITE ENERGY RECOVERY
ON-SITE RECYCLING
ON-SITE TREATMENT
5.4, (8.1 or 8.8)
5.4, (8.1 or 8. 8)
5.5, (8.1 or 8. 8)
5.5,(8.1,8.6, or
8.8)
5.5,(8.1 or 8. 8)
5.5,(8.1 or 8. 8)
8.2
8.4
8.6
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OFF-SITE
Release or Other Waste
Management
Activity Type
Amount (Ibs)
Basis of
Estimate
Form R Data
Element
Off-Site Location
(name)
OFF-SITE DISPOSAL
Solidification/Stabilization
(metals and metal
compounds only)
Amount of metal and metal
compounds to POTW
Wastewater Treatment
(excluding POTWs) metals
and metal compounds only
Underground Injection
Landfill/Surface
Impoundment
Land Treatment
Other Land Disposal
Other Off-site Management
OTHER AMOUNTS SENT OFF-SITE
Amounts sent for storage
Amounts sent for unknown
waste management practice
6.2, (8.1 or 8. 8)
6.1, (8.1 or 8. 8)
6.2, (8.1 or 8. 8)
6.2, (8.1 or 8. 8)
6.2, (8.1 or 8. 8)
6.2, (8.1 or 8. 8)
6.2, (8.1 or 8. 8)
6.2, (8.1 or 8. 8)
6.2, (8.1 or 8. 8)
6.2, (8.1 or 8. 8)
OFF-SITE TREATMENT
Solidification/Stabilization
Incineration/Thermal
Treatment
Incineration/Insignificant
Fuel Value
Wastewater Treatment (to
POTW excluding metals and
metal compounds)
Wastewater Treatment
(Excluding POTW and metal
and metal compounds)
Transfer to Waste Treatment
Broker
6.2,(8.7or8.8)
6.2, (8.7 or 8. 8)
6.2, (8.7 or 8. 8)
6.1, (8.7 or 8. 8)
6.2, (8.7 or 8. 8)
6.2, (8.7 or 8. 8)
OFF-SITE ENERGY RECOVERY
Off-site Energy Recovery
Transfer to Energy Recovery
Broker
OFF-SITE RECYCLING
Solvents/Organics Recovery
Metals Recovery
Other Reuse or Recovery
Acid Regeneration
Transfer to Recycling Waste
Broker
6.2, (8. 3 or 8. 8)
6.2, (8. 3 or 8. 8)
6.2, (8. 5 or 8. 8)
6.2, (8. 5 or 8. 8)
6.2, (8. 5 or 8. 8)
6.2, (8. 5 or 8. 8)
6.2, (8. 5 or 8. 8)
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4.1.5 Other Form R Elements
4.1.5.1 Maximum Amount On-Site (Part II, Section 4.1 of Form R)
In this section of the Form R, you are required to report the code that indicates the
maximum quantity of the EPCRA Section 313 chemical present at your facility at any time during
the reporting year. This estimate includes any amount of the chemical on-site in storage, in
process vessels, in treatment units, and in shipping containers. This calculation includes quantities
of the EPCRA Section 313 chemical present in purchased chemicals and in wastes. When
performing the calculation, use only the total amount of the chemical present at your site at any
one time. For example, assume you have a facility that incinerates waste and sends the remaining
ash to an off-site landfill. In February, you receive waste with 500 pounds of benzene which you
process completely within the month. In September, you receive waste with 600 pounds of
benzene which you also process in a similar time frame. If you have no other sources of benzene
on-site, your maximum amount estimation would be 600 pounds (range code 02). These codes
are provided in the TRI Forms and Instructions document.
Example - Maximum Amount On-Site for Landfills
How do facilities that operate landfills report the maximum amount of an EPCRA Section 313 chemical
on-site? Does this data element take into account amounts of a chemical that have been disposed of in
prior years.
No. Facilities do not have to count amounts of the EPCRA Section 313 chemical that it disposed of on-site in
previous years. Wastes that are released to such management units as surface impoundments and landfills
should be counted for the purposes of data element 4.1, Part II, of the Form R during the reporting year that they
are disposed.
4.1.5.2 Production Ratio or Activity Index (Part II, Section 8.9 of Form R)
For this data element, you are required to provide a ratio of reporting year production to
prior year production or provide an "activity index" based on a variable other than production that
is the primary influence on the quantity of the reported EPCRA Section 313 chemical recycled,
used for energy recovery, treated, or disposed. The ratio or index must be reported to the nearest
tenths or hundredth place (e.g., one or two digits to the right of the decimal point). Because the
facilities added by the facility expansion rulemaking were not required to collect data until RY
1998, these facilities may enter "NA" in this data element regardless of whether the chemical
existed at your facility in the previous year (i.e., RY 1997). In future years, however, Metal
Mining facilities may only enter "NA" in the production ratio or activity index data element if the
EPCRA Section 313 chemical was not manufactured, processed, or otherwise used in the year
prior to the reporting year for which a Form R is being submitted.
You may choose either the production ratio or activity index depending on the chemical
and how the chemical is used at your facility. The major factor in selecting whether to use a
production ratio or activity index is typically a measure of which threshold activity applies.
Typically, production ratio would apply to EPCRA Section 313 chemicals manufactured and
processed by a facility, while otherwise use activities would be best measured using an activity
4-22
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index. A key consideration in developing a methodology for determining a production
ratio/activity index is that you should choose a methodology that will be least likely to be affected
by potential source reduction activities. In most cases, the production ratio or activity index
should be based on some variable of production or activity rather than on toxic chemical or
material usage.
For example, suppose you use an EPCRA Section 313 chemical as a cleaning solvent to
perform tank washouts. Using a production ratio based on the amount of the product produced
in the tanks between the prior and current reporting years may seem logical but may not take
into consideration potential source reduction activities. As a result, an activity index may be
more appropriate. In this instance, an activity index based on the number of tank washouts
conducted would be more accurate in reflecting the potential source reduction activities that
could be implemented for that chemical and/or activity. For example, a source reduction activity
might include the facility deciding to modify the production process such that they would need
to clean the tanks less often and, therefore, use less cleaning solvent. The use of an activity
index based on tank washouts would better reflect the factors that influence the amount of
solvent managed as a waste than would a production ratio based on the amount of product
produced in the tanks.
Example - Production Ratio
A zinc mine extracts 1,000,000 tons of ore during the reporting year, and exceeds the processing threshold for
zinc compounds. The previous year, the facility extracted 900,000 tons of ore. As a result, the production ratio
for the zinc compounds would be calculated by dividing the amount of ore extracted this year, by the amount
extracted last year.
1,000,000 tons ore (current reporting year)
900,000 tons ore (previous reporting year
Production Ratio =1.11
4.1.5.3 Source Reduction (Part II, Sections 8.10 and 8.11 of Form R)
The final two sections of the Form R are used for reporting any source reduction activities
conducted at the facility. Section 8.10 asks whether there has been any source reduction at the
facility during the current reporting year. If so, TRIForms and Instructions provides a list of
three-digit codes that the facility must choose from to describe these source reduction activities.
Source reduction activities do not include recycling, treating, using for energy recovery, or
disposing of an EPCRA Section 313 chemical. Report in this section only the source reduction
activities implemented to reduce or eliminate the quantities reported in Section 8.1 through 8.7.
Under Section 8.11, check "yes" if you would like to attach any optional information on
source reduction, recycling, or pollution control activities for the EPCRA Section 313 chemical at
your facility. This information can be reported for the current reporting year, or for prior year
activities. The Agency asks that you limit this information to one page that summarizes the
source reduction, recycling, or pollution control activities implemented by your facility.
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4.2 Calculating Release and Other Waste Management Estimates at Metal Mining
Facilities
This section discusses the most common releases and other waste management activities at
metal mining facilities, and provides guidance for estimating quantities. The discussion is
organized by release or other waste management type, as follows:
• Fugitive Air Emissions
• Stack or Point Source Air Emissions
• Water Discharges
Releases to Land
• Transfers Off-Site
• Pollution Prevention Data
For each type of release or other waste management activity, there is a discussion about
particular metal mining activities that commonly generate various types of waste, data sources
available to estimate certain quantities, and example scenarios and calculations to clarify concepts
and illustrate estimation methods.
Activities at metal mining facilities can vary greatly from mine to mine, depending on
target mineral(s), extraction method, beneficiation techniques, and other factors. However, metal
mining facilities will generally conduct one or more of the following types of activities: extraction,
physical beneficiation (including comminution), and chemical beneficiation. Within each of these
three threshold activities, releases and other waste management activities are similar. Throughout
this chapter, each of the release types listed above is frequently discussed separately for
extraction, physical beneficiation, and chemical beneficiation. A brief description of each of these
activities is given below:
• Extraction of ore - The extraction of ore involves removing any overburden,
drilling, blasting, and mucking the broken ore and waste rock.
• Physical beneficiation - Physical beneficiation includes comminution (the size
reduction of ore), which is often the first step in most mineral processing
operations. Facilities reduce the size of ore to liberate the valuable components for
further recovery, and to make bulk materials easier to handle. Comminution can
include crushing, grinding, sorting, sizing, and washing. Following comminution,
facilities may use other physical beneficiation techniques, including gravity
concentration, magnetic separation, electrostatic separation, and filtration. Metal
mining facilities generally do not add EPCRA Section 313 chemicals to physical
beneficiation operations; therefore, any potential reporting of releases and other
waste management activities associated with physical beneficiation activities is
generally limited to reporting of EPCRA Section 313 chemicals originating in ore.
Therefore, in addition to the data sources mentioned throughout the remainder of
this section, mineral assays of ore and operating records indicating changing
concentrations during beneficiation will be extremely useful in estimating quantities
4-24
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of releases and other waste management activities associated with physical
beneficiation techniques.
• Chemical beneficiation techniques include leaching, flotation, solvent extraction,
electrowinning precipitation, amalgamation, carbon adsorption, and ion exchange.
Metal mining facilities that are subject to EPCRA Section 313 and have operations not
described in this document may find the release and other waste management reporting issues
discussed here still relevant to their activities, however, they may need to also consider additional
issues not discussed.
4.2.1 Air Emissions
Air emissions at metal mining facilities can occur from a number of sources. The primary
fugitive emissions sources of EPCRA Section 313 chemicals for these facilities are likely to be:
• Extraction of ores and waste rock containing EPCRA Section 313 chemicals
• Physical beneficiation activities
• Chemical beneficiation activities
• Acid aerosols generated during leaching operations (e.g., heap leaching, etc.);
• Wastewater treatment and other sources, including cleaning operations and spills,
containing EPCRA Section 313 chemicals
In particular extraction and beneficiation activities may result in large amounts of particulate air
emissions. Air emissions from each of these activities and useful data sources and estimation
techniques are discussed below. Also, it is important to recognize that similar information may
have been estimated by your facility as a result of separate requirements under the Clean Air
Act, particularly the Title V requirements.
Extraction. Metal mining facilities are likely to release particulate matter of ore and waste
rock to the air during extraction activities. Most of these air emissions tend to be uncontrolled and
may need to be reported in Section 5.1, Fugitive Air Emissions of Form R provided thresholds
have been exceeded. Several factors may affect the amount of fugitive air emissions from
extraction, including rock characteristics such as hardness, crystal and grain structure, friability
and moisture level; the type of mine (e.g., underground or open pit); equipment used; and climate.
Sources of data for calculating air emissions from extraction include monitoring data, data
Releases During Transportation
If you transport ore at your facility, for example from the mine to the comminution site which is not part of your
facility, you must report releases and other waste management activities for any EPCRA Section 313 chemical
in the ore (or other materials, except overburden) provided an activity threshold has been exceeded for that
chemical. Releases and other waste management activities for EPCRA Section 313 chemicals used to maintain
motor vehicles operated by the facility are currently exempt under the motor vehicle exemption. However, this
exemption does not apply to EPCRA Section 313 chemicals in materials being transported, only to chemicals
used to maintain motor vehicles.
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collected for air permit applications, data collected for assurance of worker safety; facility-specific
particulate emission factors, and published emission factors. If only particulate emission factors
(i.e., you don not have chemical-specific emission factors) are available, these should be combined
with data indicating the concentration of EPCRA Section 313 chemicals in the particulate. This
may be actual measurements from samples of particulate, or estimates of the composition of waste
rock or ore.
Physical Beneficiation Comminution activities such as crushing, grinding, sorting, sizing,
drying, handling and storage of ore may create fugitive and/or point source (stack) air emissions
of particulate matter dependent on control systems at your facility. Air emissions of metals and
metal compounds in particulate emissions from ore must be reported on the Form R in Section
5.1, Fugitive Emissions, or 5.2, Stack Emissions, provided an activity threshold is exceeded for
that chemical. Several factors may affect the amount of emissions from a particular comminution
process. These include ore characteristics such as hardness, crystal and grain structure, and
friability; equipment design characteristics (such as crusher type); and control equipment. Sources
of data for calculating air emissions from comminution include monitoring data, data collected for
air permits, industrial hygiene monitoring data, facility-specific particulate emission factors, and
published emission factors. If you do not have better "readily available data," you may use AP-42
particulate emission factors for crushing, grinding and handling, provided in Table 4-4. Most of
these factors are for uncontrolled emissions. Some general information about using these factors
is given below, followed by specific guidance on using emission factors for crushing, grinding, and
storage and handling.
Test data collected in the mineral processing industries indicate that the moisture content
of ore can have a significant effect on emissions from several process operations. High moisture
generally reduces the uncontrolled emission rates, and separate emission rates are provided for
primary crushers, secondary crushers, tertiary
crushers, and material handling and transfer
operations that process high-moisture ore. Dry
grinding operations are assumed to produce or to
involve only low-moisture material. For most
metallic minerals addressed in Table 4-4, high-
moisture ore is defined as ore whose moisture
content, as measured at the primary crusher inlet
or at the mine, is 4 weight percent or greater. Ore
defined as high-moisture at the primary crusher is
presumed to be high-moisture ore at any
subsequent operation for which high-moisture
factors are provided unless a drying operation
precedes the operation under consideration. Ore
is defined as low-moisture when a dryer precedes
the operation under consideration or when the ore
moisture at the mine or primary crusher is less
than 4 weight percent.
Air Emissions from Comminution:
Sources of Data
Under section 111 of the Clean Air Act (CAA),
New Source Performance Standards (NSPS) (40
CFR 60 Subpart LL) regulate emissions of
particulate matter in metal mining operations in
crushers, conveyor belt transfer points, thermal
dryers, product packaging stations, storage bins,
truck loading and unloading stations, and rail
car loading and unloading. Information
collected to meet these standards can be used to
help estimate air emissions for EPCRA Section
313. Although all underground mining
facilities are exempt from these provisions,
fugitive dust emissions from underground
mining activities may be regulated (usually by
requiring dust suppression management
activities) through State permit programs
established to meet Federal National Ambient
Air Quality Standards (NAAQSs).
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Table 4-4. Emission Factors for Crushing and Grinding
Source
Filterable"0
PMa
Ib/ton
Rating
PM-10
Ib/ton
Rating
Low-moisture orec
Primary crushing (SCC 3-03-024-01)d
Secondary crushing (SCC 303-024-02)d
Tertiary crushing (SCC 3-03-024-03)d
Wet grinding
Dry grinding with air conveying and/or air classification
(SCC 3-03-024-09)6
Dry grinding without air conveying and/or air classification
(SCC 3-03-024-10)6
0.5
1.2
2.7
Neg
28.8
2.4
C
D
E
C
D
0.05
ND
0.16
Neg
26
0.31
C
E
C
D
High-moisture orec
Primary crushing (SCC 3-03-024-05)d
Secondary crushing (SCC 3-03-024-06)d
Tertiary crushing (SCC 3-03-024-07)d
Wet grinding
Dry grinding with air conveying and/or air classification
(SCC 3-03-024-09)e
Dry grinding without air conveying and/or air classification
(SCC 3-03-024-10)6
0.02
0.05
0.06
Neg
28.8
2.4
C
D
E
C
D
0.01
0.02
0.02
Neg
26
0.31
C
D
E
C
D
Handling and Transfer
Material handling and transfer-all minerals except bauxite
(SCC 3-03-024-04)g
Material handling and transfer-bauxite/alumina
(SCC 3-03-024-04)&h
Material handling and transfer-bauxite/alumina
(SCC 3-03-024-08)&h
Material handling and transfer-all minerals except bauxite
(SCC 3-03-024-08)g
0.12
1.1
ND
0.01
C
C
C
0.06
ND
ND
0
C
C
Drying
Drying-all minerals except titanium/zirconium sands
(SCC 3-03-024-1 l)f
Drying-all minerals except titanium/zirconium sands
(SCC 3-03-024-1 l)f
Drying-titanium/zirconium with cyclones (SCC 3-03-024-1 l)f
Drying— titanium/zirconium with cyclones
(SCC 3-03-024-1 l)f
19.7
19.7
0.5
0.5
C
C
C
C
12
12
ND
ND
C
C
C
Notes for Table 4-4:
Factors represent uncontrolled emissions unless otherwise noted; controlled emission factors are also discussed in this section.
All emission factors are in Ib/ton of material processed unless noted. SCC = Source Classification Code. Neg = negligible.
ND = no data.
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a PM emissions do not equate to quantity of listed chemical. Such determinations require knowledge of the percent
concentration of the target chemical in the ore.
b Filterable PM is that PM collected on or prior to the filter of an EPA Method 5 (or equivalent) sampling train.
Defined in Section 11.24.2.
d Based on weight of material entering primary crusher.
e Based on weight of material entering grinder; emission factors are the same for both low-moisture and high-moisture
ore because material is usually dried before entering grinder.
f Based on weight of material exiting dryer; emission factors are the same for both high-moisture and low-moisture
ores; SO,, emissions are fuel dependent (see Chapter 1); NOX emissions depend on burner design and combustion
temperature (see Chapter 1).
g Based on weight of material transferred; applies to each loading or unloading operation and conveyor belt transfer
point.
h Bauxite with moisture content as high as 15 to 18% can exhibit the emission characteristics of low- moisture ore; use
low-moisture ore emission factor for bauxite unless material exhibits obvious sticky, nondusting characteristics.
Source: AP-42.
"Emission Factor Quality Ratings for Table 4-4 are as follows:
A Excellent. Factor is developed from A- and B-rated source test data taken from many randomly chosen facilities in the
industry population. The source category population is sufficiently specific to minimize variability.
B Above average. Factor is developed from A- or B-rated test data from a "reasonable number" of facilities. Although no
specific bias is evident, it is not clear if the facilities tested represent a random sample of the industry. As with an A rating, the
source category population is sufficiently specific to minimize variability.
C Average. Factor is developed from A-, B-, and/or C-rated test data from a reasonable number of facilities. Although no
specific bias is evident, it is not clear if the facilities tested represent a random sample of the industry. As with the A rating,
the source category population is sufficiently specific to minimize variability.
D Below average. Factor is developed from A-, B- and/or C-rated test data from a small number of facilities, and there may
be reason to suspect that these facilities do not represent a random sample of the industry. There also may be evidence of
variability within the source population.
E Poor. Factor is developed from C- and D-rated test data, and there may be reason to suspect that the facilities tested do not
represent a random sample of the industry. There also may be evidence of variability within the source category population.
The emission factors in Tables 4-4 are for the process operations as a whole. At most
metallic mineral processing plants, each process operation requires several types of equipment. A
single crushing operation is likely to include a hopper or ore dump, screen(s), crusher, surge bin,
apron feeder, and conveyor belt transfer points. Emissions from these various pieces of
equipment are often ducted to a single control device and, therefore, considered stack air emission
sources. The emission factors provided in Table 4-4 are for primary, secondary, and tertiary
crushing process units that are in this type of arrangement.
Emission factors provided in Table 4-4 are for two types of dry grinding operations: those
that involve air conveying and/or air classification of material and those that involve screening of
material without air conveying. Grinding operations that involve air conveying and air
classification usually require dry cyclones for efficient product recovery. The factors in Tables 4-
4 are for emissions after product recovery cyclones. Grinders in closed circuit with screens
usually do not require cyclones. Emission factors are not provided for wet grinders because the
high-moisture content in these operations can reduce emissions to negligible levels.
At some metallic mineral processing plants, material is stored in enclosed bins between
process operations. The emission factors provided in Table 4-4 for the handling and transfer of
material should be applied to the loading of material into storage bins and the transferring of
material from the bin. The emission factor will usually be applied twice to a storage operation:
once for the loading operation and once for the reclaiming operation. If material is stored at
multiple points in the plant, the emission factor should be applied to each operation and should
apply to the material being stored at each bin. The material handling and transfer factors do not
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apply to small hoppers, surge bins, or transfer points that are integral with crushing, drying, or
grinding operations.
At some large metallic mineral processing plants, extensive material transfer operations
with numerous conveyor belt transfer points may be required. The emission factors for material
handling and transfer should be applied to each transfer point that is not an integral part of
another process unit. These emission factors should be applied to each such conveyor transfer
point and should be based on the amount of material transferred through that point.
The emission factors for material handling can also be applied to final product loading for
shipment. Again, these factors should be applied to each transfer point, ore dump, or other point
where material is allowed to fall freely.
The emission factors for dryers in Table 4-4 include transfer points integral to the drying
operation. A separate emission factor is provided for dryers at titanium/zirconium plants that use
dry cyclones for product recovery and for emission control. Titanium/zirconium sand-type ores
do not require crushing or grinding, and the ore is normally washed to remove humic and clay
material before concentration and drying operations. Drying and dry grinding operations are
assumed to produce or to involve only low-moisture material.
Emissions from metallic mineral processing plants are usually controlled with wet
scrubbers or baghouses. For moderate to heavy uncontrolled emission rates from typical dry ore
operations, dryers, and dry grinders, a wet scrubber with pressure drops ranging from 1.5 to 2.5
kilopascals (kPa) (6 to 10 inches of water) will reduce emissions by approximately 95 percent.
With very low uncontrolled emission rates typical of high-moisture conditions, the percentage
reduction will be lower (approximately 70 percent). The amounts not captured by this type of
equipment will need to be considered toward stack or fugitive emissions depending on how the
equipment is designed, if thresholds for the chemicals have been exceeded elsewhere at the
facility.
Over a wide range of inlet mass loadings, a well-designed and maintained baghouse will
reduce emissions to a relatively constant outlet concentration. Such baghouses tested in the
mineral processing industry consistently reduce emissions to less than 0.05 gram per dry standard
cubic meter (g/dscm) (0.02 grains per dry standard cubic foot [gr/dscf]), with an average
concentration of 0.015 g/dscm (0.006 gr/dscf). Under conditions of moderate to high
uncontrolled emission rates at typical dry ore facilities, this level of controlled emissions
represents greater than 99 percent removal of PM emissions. Because baghouses reduce
emissions to a relatively constant outlet concentration, percentage emission reductions would be
less for baghouses on facilities with a low level of uncontrolled emissions.
Many physical beneficiation processes are wet and fugitive air emissions are expected to
be minimal. Industrial hygiene monitoring may be a useful source of information for estimating
any fugitive emissions from wet physical beneficiation. Facilities using dry processes may have
paniculate emissions of ore or concentrate and can refer to emission factors, monitoring data, and
permit information. Fugitive emissions may occur during transfer and handling of ore and
concentrate. In the absence of better facility-specific data, the emission factors in Table 4-4 may
be used to estimate amounts of fugitive emissions from storage and handling. Facilities that use
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heat processes such as calcining and sintering may use monitoring data, facility-specific emission
factors, and other sources of data to determine quantities of EPCRA Section 313 chemicals
released to air during heat processes. In the absence of better facility specific data, facilities may
use the emission factors for drying in Table 4-4.
Chemical Beneficiation Air emissions of EPCRA Section 313 chemicals can also occur
during many chemical beneficiation techniques, including air emissions from the following
sources:
• Tanks
• Waste management units
• Other Sources of Air Emissions
These air releases and methods for estimating their quantities are discussed below.
Air Releases From Tanks
Compilation of Air Pollutant Emission Factors (AP-42) provides detailed information on
the calculation of stack air emissions during the storage and transfer of liquids. A number of
equations used to calculate air emissions from storage tanks can be found in AP-42, Chapter 7.
Total air emissions from storage tanks are equal to the sum of the standing storage loss and
working loss. Variables such as tank
design, liquid temperature, and wind
velocity are taken into account when
determining standing storage loss and
working loss. The emission equations for
fixed-roof tanks in AP-42 were developed
for vertical tanks; however, the equations
can also be used for horizontal tanks by
modifying the tank parameters as specified
in AP-42. Many of these equations have
been incorporated into computer models
such as TANKS3 (See box on TANKS3 for
more information).
Once the total volatile organic
compound (VOC) loss is calculated, the
emission rate of each constituent in the
vapor can then be determined. In general,
the emission rate for individual components
can be estimated by multiplying the weight
fraction of the constituent in the vapor by
the amount of total VOC loss. The weight
fraction of the constituent in the vapor can
be calculated using the mole fraction and the
vapor pressure of the constituent (equations found in AP-42). The weight percent can also be
Stack Emissions from Storage Tanks
The TANKS3 program is designed to estimate emissions
of organic chemicals from several types of storage tanks.
The calculations are performed according to EPA's AP-42,
Chapter 7. After the user provides specific information
concerning a storage tank and its liquid contents, the
system produces a report which estimates the chemical
emissions for the tank on an annual or partial year basis.
The user can also determine individual component losses
by using one of the specification options available in the
program.
The TANKS3 program relies on a chemical database of
over 100 organic liquids and a meteorological database
which includes over 250 cities in the United States; users
may add new chemicals and cities to these databases by
providing specific information through system utilities.
On-line help provides documentation and user assistance
for each screen of the program. The TANKS 3 program
and manual can be downloaded from the world wide web
at http://www.epa.gov/ttn/chief/tanks.html.
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obtained from the SPECIATE database. The SPECIATE database contains organic compound
and particulate matter speciation profiles for more than 300 source types. The profiles attempt to
break down the total VOC or particulate emissions from a particular source into the individual
compounds. The SPECIATE database can be downloaded from the Internet at
http://www.epa.gov/ttn/chief/software.html#speciate.
Equipment Leaks
In general, equipment such as valves and flanges leak. These leaks tend to be so small and
slow that they are unnoticeable to a casual observer. When considered on a facility-wide basis,
however, these leaks can account for a significant quantity of fugitive air emissions. These fugitive
air emissions occur whenever the equipment contains chemical product waste or other materials
(e.g., even though materials may no longer be flowing through a pipe, the valves and flanges
associated with the pipe will still produce emissions unless the pipe has been drained and cleaned).
Protocol For Equipment Leak Emission Estimates (EPA-453/R-95-017) presents a
comprehensive discussion of how to estimate equipment leaks. This document is available at
http://www.epa.gov/ttn/chief/fyi.html. Four approaches for estimating equipment leak emissions
are presented below in order of increasing refinement.
• Average emission factor approach;
• Screening ranges approach;
• EPA correlation approach; and
• Unit-specific correlation approach.
In general, the more refined approaches require more data and provide more accurate emission
estimates for a process unit.
Both the average emission factor and screening ranges approaches, emission factors are
combined with equipment counts to estimate emissions.
The average emissions factor approach allows the use of average emission factors
developed by EPA, as shown in Table 4-5, SOCMI Average Emission Factors. These average
factors must be multiplied by the number of pieces of equipment being considered and the length
of time each piece of equipment is in service. The average emission factors vary depending on the
service category (e.g., gas, light liquid, or heavy liquid), and the total organic compound (TOC)
concentration of the stream. To estimate emissions with the EPA correlation approach, measured
concentrations (screening values) for all equipment are individually entered into general
correlations developed by the EPA. In the unit-specific correlation approach, screening and leak
rate data are measured for a select set of individual equipment components and then used to
develop unit-specific correlations. Screening values for all components are then entered into these
unit-specific correlations to estimate emissions.
Table 4-5
SOCMI AVERAGE EMISSION FACTORS*
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Equipment type
Valves
Pump sealsb
Compressor seals
Pressure relief valves
Connectors
Open-ended lines
Sampling connections
Service
Gas
Light liquid
Heavy liquid
Light liquid
Heavy liquid
Gas
Gas
All
All
All
Emission factors" (Ibs/hr/source)
0.0132
0.00888
0.00051
0.0439
0.0190
0.503
0.229
0.00403
0.0037
0.0331
*Protocolfor Equipment Leak Emission Estimates (EPA, EPA-453/R-95-017)
a These factors are for total organic compound emissions
b The light liquid pump seal factor can be used to estimate the leak rate from agitator seals
The general equation for estimating TOC mass emissions from an equipment leak using
average emission factors is:
= TT * WTT * XT
rA vvrTOC 1N
where:
TOC
N
emission range of TOC from all equipment in the stream of a given
equipment type (Ib/hr)
average emission factor for the equipment type (Ib/hr/source)
average weight fraction of TOC in the stream
number of pieces of equipment
And the equation for determining the emissions of a specific VOC in a mixture or other trade
name product from equipment is:
where:
* (WPX/WPTOC)
E
WP =
WPTOC =
The mass emissions of organic chemical "x" (Ib/hr)
The TOC mass emissions from the equipment (Ib/hr)
The concentration of organic chemical "x" in the equipment in
weight percent
The TOC concentration in the equipment in weight percent.
This average emission factor approach is presented as an option for facilities with no data
concerning equipment leaks. It is the facility's responsibility to choose the best method for
estimating releases from equipment leaks.
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Waste Management Units
Air emissions from wastewater treatment plants can be estimated using one of several
programs. One program is WATERS (described in the box). Other programs are available
commercially. Some wastewater treatment may take place in covered tanks. If this is the case, the
TANKS3 program may be appropriate to use.
Metal mining facilities should also consider air emissions from any on-site tailings piles.
Facilities can use EPA's TSCREEN model to analyze air emissions from different types of
sources, including tailings piles. The computer program TSCREEN, A Model for Screening
Toxic Air Pollutant Concentrations, should be used in conjunction with the "Workbook of
Screening Techniques for Assessing Impacts of Toxic Air Pollutants (Revised)" (EPA, 1992a).
WATERS
A computer program, WATERS, is available for estimating the fate of organic compounds in various wastewater
treatment units, including collection systems, aerated basins, and other units. WATERS is written to run under DOS
without the need to purchase other programs. WATERS contains useful features such as the ability to link treatment
units to form a treatment system, the ability to recycle among units, and the ability to generate and save site-specific
compound properties. The WATERS program and users manual can be downloaded from the world wide web at
http://www.epa.gov/ttn/chief/software.html#water8.
With the use of these tools one can determine the type of release and the steps to be followed to
simulate the release. TSCREEN can be downloaded at http://www.epa.gov/scram001.
Volatile chemicals can evaporate from solid waste and non-volatile chemicals can be released to
the air via paniculate emissions. One tool that can be used to estimate air emissions is
CHEMDAT8.
CHEMDAT8
Analytical models have been developed to estimate emissions of organic compounds via various pathways from
wastewater and waste management units. Some of these models have been assembled into a spreadsheet called
CHEMDAT8 for use on a PC. A user's guide for CHEMDAT8 is also available. Area emission sources for which
models are included in the spreadsheet are as follows: nonaerated impoundments, which include surface
impoundments and open top wastewater treatment tanks; aerated impoundments, which include aerated surface
impoundments and aerated WWT tanks; disposal impoundments, which include nonaerated disposal
impoundments; land treatment; and landfills. These models can be used to estimate the magnitude of site air
emissions for regulatory purposes. The CHEMDAT8 program and manual canbe downloaded from the world wide
web at http://www.epa.gov/ttn/chief/software.html#water8.
Other Sources of Air Emissions
Metal mining facilities may have air emissions from a variety of other sources, depending
on the chemical beneficiation technique used. Data sources and calculation methods for
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estimating fugitive and stack emissions from chemical beneficiation methods include the
following:
• Industrial hygiene monitoring data
• AP-42 emissions factors
• Facility-specific emission factors and models
Mass balance (for volatile solvents)
• EPA and industry association models
Data from a leak detection and repair (LDAR) program
• Engineering calculations
• Air emission inventories
• Air permit applications
Process and production data
• Emission factors from EPA and commercial models
Engineering calculations
Facilities that do not have such data may use other sources, including engineering
judgement to estimate fugitive emissions.
4.2.2 Wastewater
Numerous activities at metal mines may create wastewaters containing EPCRA Section
313 chemicals. Facilities can estimate quantities of EPCRA Section 313 chemicals in wastewater
from various mining activities using similar sources of data and estimation techniques. Therefore,
this section begins with a general discussion about estimating quantities of EPCRA Section 313
chemicals in wastewater from many metal mining activities. This is followed by a discussion
about issues specific to extraction, physical beneficiation, and chemical beneficiation.
A facility that discharges or has the potential to discharge water containing regulated
wastes must operate under the terms of Federal, State, and/or local permits, such as a NPDES
direct discharge permit, or a POTW indirect discharge agreement. The permit(s) or agreement
usually require measurements of the water volume and monitoring of some generalized
wastewater parameters including concentrations of various constituents. In some cases, the
constituent analyses required for permit compliance includes EPCRA Section 313 chemicals. In
other cases, facilities may have conducted more detailed analysis of specific constituents in its
wastewaters as part of its NPDES or POTW discharge applications. In these instances, releases
can be calculated by multiplying the volume of wastewater released by the concentration of the
chemical released. See box for an example calculation.
Based on the concentration and wastewater flow data available, an estimate of discharges
to water can be calculated. Facilities should calculate the daily average discharges of a reportable
EPCRA Section 313 chemical in pounds and use those estimates to determine the annual
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Example Calculation of Yearly Wastewater
Discharge
A facility has monitoring data on discharges to water of xylene, an
EPCRA Section 313 chemical, and a Form R report is required.
In this example, monitoring data on this chemical are only
available for two days in the year. The daily quantities of pounds
of xylene released for those two dates would then be divided by the
number of sample dates to determine the daily average for the
whole reporting year, which would be used to estimate the annual
discharge of xylene in wastewater:
Date
3/1
9/8
Concentration
(mg/1)
1.0
0.2
Flow
(MGD)
1.0
0.2
Daily
Discharge
8.33 Ibs.
0.332 Ibs.
Annual Calculation:
(8.33 Ibs. + 0.332 lbs.)/2 days x 365 days/year = 1580.82 Ibs/yr
discharge in pounds per year.
Using the daily concentration
data available for the reportable
chemical combined with the
wastewater flow data for each of
the sampling dates, calculate an
estimate of pounds per day for
each sampling date. After the
calculations are made for each
monitoring point (e.g., daily,
monthly), the pounds discharged
are averaged to determine an
average daily discharge amount
which would be multiplied by the
number of days discharges were
possible (e.g., 365 days a year).
If no chemical-specific
monitoring data exist, process
knowledge (or in some cases,
mass balance) may be used to
develop an estimate.
Discharges of listed acids may be reported as zero if all discharges have been neutralized
to pH 6 or above. If wastewater containing a listed acid is discharged below pH 6, then releases
of the acid must be calculated and reported, except for hydrochloric and sulfuric acid (acid
aerosols), which are only reportable in aerosol form. For more information on calculating such
discharges of acids, see EP'A''s Estimating Releases of Mineral Acid Discharges Using pH
Measurements (EPA 745/F-97-003, June 1991).
Section 313 chemicals contained in discharges to surface water would be reported as a
discharge to a receiving stream or water body in Part II, Section 5.3 of Form R. Even those
facilities subject to "zero discharge" requirements of 40 CFR Part 440, Subpart J may have
authorized discharges due to the storm water exemption, and these would be reportable as well.
Section 313 chemicals contained in discharges to publicly owned treatment works (POTWs)
would be reported in Part II, Section 6.1 of Form R. Section 313 chemicals contained in
discharges to land on-site would be reported in Part II, Section 5.5 of Form R (and are discussed
further in the next section).
Metal mining facilities can use the data sources and estimation techniques outlined above
to calculate quantities of EPCRA Section 313 chemicals in waste water discharges from many
activities at their facilities. Additional information on estimating waste water discharges from
extraction is given below:
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Extraction Metal mining facilities may release or transfer to a POTW EPCRA Section
313 chemicals in wastewater resulting from extraction activities. In particular, facilities may
discharge mine water and acid mine drainage containing EPCRA Section 313 chemicals.
Mine Water
Facilities may continuously pump enormous quantities of water during extraction.
EPCRA Section 313 chemicals in mine water that is discharged into surface waters, on-site water
bodies, or POTWs must be reported on the Form R, provided thresholds have been exceeded.
Operating data on flow rates of discharged mine water, combined with monitoring data on
chemical concentrations can be used to calculate discharges of EPCRA Section 313 chemicals in
mine water.
Acid Mine Drainage
Facilities may discharge EPCRA Section 313 chemicals in acid mine drainage to surface
water or on-site water bodies. Acid mine drainage occurs when sulfides in waste rock, tailings,
spent ore from heap leach operations, and mine structures such as pits and underground workings,
are exposed to oxygen and water in the presence of bacteria2. Acid mine drainage is primarily a
function of the mineralogy of the rock material and the availability of water and oxygen. Acid
mine drainage generation can be seasonal and is sometimes accelerated during periods of heavy
rainfall. Because remediating acid mine drainage can be damaging and costly, predictive tools and
models, design performance, financial assurance, and monitoring have become increasingly
important. Data collected for these purposes can be used to calculate quantities of EPCRA
Section 313 chemicals in acid mine drainage for EPCRA Section 313 reporting purposes, when
this activity takes place at a covered facility and thresholds have been exceeded. Facilities may
also have data on amounts and concentrations of EPCRA Section 313 chemicals in acid mine
drainage to meet regulatory requirements
Physical Beneficiation. Many physical beneficiation methods require facilities to mix ore
particles with water, creating a slurry. These processes may result in wastewater discharges,
particularly if the facility dewaters the slurry
to further concentrate the product.
Monitoring data, and operating records are
potential sources of data for calculating
quantities of EPCRA Section 313 chemicals
released to water.
Chemical Beneficiation. Many
chemical beneficiation techniques produce
wastewater streams that may be discharged to
on-site water bodies or POTWs. For
2
When this reaction occurs within a mine ii
rock and tailings piles it is often known as acid rock drainage
For purposes of this document, AMD is used to describe both A
Water Releases from Leaching Dumps
Facilities that use heap and dump leaching techniques
should consider releases of EPCRA Section 313
chemicals that may wash from the dumps into surface
waters. The facility water balance and pregnant
leachate solution (PLS) characterization can be used
to estimate these releases. Releases to water from
leach dumps can also occur during large storm events.
Some of the PLS may also be lost to a nearby water
body through drainage or storm water. Monitoring
required by NPDES permits may provide useful data
to estimate these releases. Report water discharges
from leaching dumps in Section 5.3 of Form R,
discharged to a receiving stream or water body.
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example, electro winning processes can produce a small amount of wastewater that may be
discharged as a bleed stream to surface water. In carbon adsorption processes that use nitric acid
to regenerate carbon beds, a spent acid wash solution containing nitric acid and nitrate
compounds may be discharged. In most cases, facilities can use the data sources and estimation
techniques outlined earlier in this section to estimate quantities of EPCRA Section 313 chemicals
in wastewaters from chemical beneficiation activities. Facilities that use heap and dump leaching
techniques may have additional considerations, as outlined in the box.
4.2.3 Land
Metal mining facilities may dispose EPCRA Section 313 chemicals in wastes generated
from numerous on-site activities. Sources of data, estimation techniques, and reporting issues
related to the disposal of wastes generated from extraction, physical beneficiation and chemical
beneficiation are discussed below.
Extraction Metal mining facilities may release large amounts of waste rock to land
during extraction. Mine operating records should indicate the amounts of waste rock disposed to
land during the year. Concentrations of EPCRA Section 313 chemicals in waste rock can be
obtained from mineral assays, metal analyses, historical mine records, financial information, and
other sources.
During extraction, many metal mining facilities remove overburden to access an ore body.
Overburden is the unconsolidated material that overlies a deposit of useful materials or ores, and
does not include any portion of ore or waste rock (40 CFR 327.3). Chemicals in overburden are
exempt from EPCRA Section 313 reporting and you are not required to report on or consider
toward thresholds any quantities of chemicals in overburden released as particulate, disposed to
land, transferred off-site or otherwise managed as waste.
As discussed in Chapter 3 of this document, displacement of waste rock to gain access to
ore is not considered an EPCRA Section 313 threshold activity (i.e., waste rock is not
manufactured, processed, or otherwise used) and therefore amounts of EPCRA Section 313
chemicals in waste rock are not required to be applied towards activity thresholds. However, this
does not mean that releases and other waste management activities associated with waste rock are
exempt from EPCRA Section 313 reporting. If you exceed an activity threshold for an EPCRA
Section 313 chemical elsewhere at the facility that is also contained in waste rock regardless of its
concentration, you must report releases and other waste management activities of that chemical.
Because waste rock has not undergone a threshold activity, amounts of EPCRA Section 313
chemicals in waste rock are not eligible for the de minimis exemption. Therefore, releases and
other waste management activities of EPCRA Section 313 chemicals in waste rock must be
reported, regardless of their concentration if thresholds for those chemicals have been exceeded.
If you decide to beneficiate waste rock disposed in a previous year, and you displace some
of the waste rock, you are not required to report EPCRA Section 313 chemicals in the waste rock
as a release to land in the year that you displaced it. For example, a facility reports the on-site
disposal of an EPCRA Section 313 chemical in waste rock in reporting year A. In reporting year
A+l, the facility decides to beneficiate a portion of the waste rock that was disposed the previous
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year. To access this portion, the facility moves some of the waste rock disposed in reporting year
A to a different location. In reporting year A+l, the facility is not required to report the waste
rock moved as a release to land.
Example - Waste Rock Calculation
A nickel mine processed more than 25,000 pounds of nickel compounds during the reporting year, and must
file a Form R for nickel compounds (the facility does not meet the criteria for filing a Form A). The facility
has data indicating that the waste rock contains less than 0.05 percent by weight nickel. Operating records
indicate that the mine disposed 2.5 million tons of waste rock during the reporting year.
Amount of nickel disposed to land = Amount of waste rock x concentration of nickel in waste rock
= 2,500,000 tons x 2,000 Ibs/ton x 0.05%
= 2,500,000 pounds of nickel
Therefore, the facility must report (assuming the facility has no other releases of nickel to land) 2,500,000
pounds in Section 5.5, Disposal to Land On-site, of the Form R.
Physical Beneficiation. Physical beneficiation techniques may produce solid wastes, which
may be disposed of on-site. If this waste is disposed on-site, it must reported in Section 5.5 of
Form R. Air control devices (e.g., baghouses) used in comminution equipment may collect solid
waste containing EPCRA Section 313 chemicals. Sources of data to estimate the quantity of an
EPCRA Section 313 chemical in solid matter collected in air control equipment include waste
analyses, operating records, treatment equipment specifications, and mass balance. For example,
filtration typically produces filter cake, filtrate, and/or spent filter cloths. Other physical
beneficiation processes may produce various types of sludges and tailings. Waste analyses for
these wastes can be used to estimate quantities of EPCRA Section 313 chemicals in the solid
wastes.
Example - Baghouse
Your facility uses a baghouse to reduce paniculate air emissions from ore grinding activities, and disposes the
material caught in the baghouse on-site. Using emission factors (previously discussed), you calculate that you
released 100 tons of paniculate to air from grinding conducted during the reporting year. Your treatment
equipment has a capture efficiency of 85%. Waste analyses of the paniculate caught in the baghouse indicate
that there is 1.6% nickel in the material. By combining these data, you can calculate the amount of nickel
disposed on-site during the year:
Amount disposed on-site = Amount of paniculate caught in baghouse x concentration of nickel
= (100 tons x 2,000 pounds/ton) x 85/15 x 1.6%
= 1,813.3 pounds of nickel released to air from grinding activities.
Thus, you would add 1,813.3 pounds of nickel to any other amounts of nickel disposed on-site during the year,
and report the total amount disposed in Section 5.5 of Form R.
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Chemical Beneficiatioa Metal mines must report the on-site disposal of EPCRA Section
313 chemicals in tailings, and spills to land. Facilities that use leaching processes may also
dispose spent ore. Finally, metal mining facilities may dispose wastes from beneficiation activities
that are not directly related to mineral processing, such as wastes from equipment maintenance.
These four types of wastes are discussed below.
Tailings
Metal mining facilities may create tailings from a variety of beneficiation activities.
Examples include the following:
• Solvent Extraction - Sludge can accumulate in solvent extraction/electrowinning
systems and facilities may periodically dispose this waste.
• Ion Exchange - The ion exchange process may generate loaded resins containing
EPCRA Section 313 chemicals. Facilities may dispose the loaded resin to land.
• Electrowinning - Spent electrolyte may be generated during electrowinning
activities, sent through a stripping step and subsequently discharged to a tailings
pond.
Report the Final Disposition of a Waste
Facilities must report the final disposition of chemicals released during the reporting year. For example, your
facility sends 1,000 pounds of an EPCRA Section 313 chemical to a surface impoundment during the reporting
year. During the same reporting year, five hundred pounds of the amount disposed to the surface
impoundment is discharged to an on-site water body, 100 pounds volatilizes as a fugitive air emissions, and the
remainder accumulates as a sludge at the bottom of the impoundment. Assuming your facility exceeds an
activity threshold for that chemical, you would report releases as follows:
100 pounds in Section 5.1, Fugitive Emissions
500 pounds in Section 5.3, Discharges to Receiving Streams or Water Bodies
400 pounds in Section 5.5, Releases to Land.
The facility does not, however, report amounts that are emitted or migrate from one media to another in
subsequent years. For example, if a facility disposes 1,000 pounds of a Section 313 chemical to land in 1998,
and 500 pounds of this is discharged to water in 1999, the facility reports 1,000 pounds released to land in
1998, and does not report the 500 pounds discharged to water in 1999 on the Form R.
Also, you are not required to report migrations of an EPCRA Section 313 chemical within the same media.
For example, a facility places 500 pounds of a chemical into a landfill during the reporting year, of which fifty
pounds seep into the ground below the landfill. You would report all 500 pounds in Section 5.5. IB, Other
Landfills.
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These and other wastes resulting from chemical beneficiation techniques may contain a
mixture of extracted metals and chemicals added to the beneficiation process. Metal mining
facilities commonly dispose tailings in on-site surface impoundments and occasionally in landfills
or underground mines as backfill to provide ground or wall support. Disposal to surface
impoundments, landfills, and underground mines is reported in Section 5.5 of Form R. Facilities
using certain beneficiation methods may closely monitor the quantity and composition of tailings
monitored to ensure the efficiency of the beneficiation process. Facilities can use these data to
estimate the quantity of Section 313 chemicals discharged to land on site. Facilities may also have
waste analyses that they can use to estimate quantities disposed to land.
Spent Ore
Some metal mining facilities use
leaching processes to remove valuable
metals from ores. In particular, gold
mines commonly use heap leaching and
copper mines often use dump leaching.
Other leaching methods include tank/vat
leaching, in situ leaching, and
bioleaching. Facilities that conduct
heap and dump leaching activities
should consider EPCRA Section 313
chemicals in spent ore that is left in
place, or moved elsewhere for disposal,
after leaching is complete. During
leaching, the ore pile is considered part
of the facility's process, and EPCRA
Section 313 chemicals in the pile would
not be considered releases to land while
the leaching process is active.
However, EPCRA Section 313
chemicals that may accidentally seep
into the ground below the
pile during active leaching, must be
reported on the Form R as land and
water releases. Once the leaching
activity is complete, amounts of
EPCRA Section 313 chemicals
remaining must be considered as
released provided thresholds have been
exceeded.
Example - Estimating Releases for
Accidental Losses
A metal mining facility uses a glycol ether in a
beneficiation process. While unloading on a windless
overcast day, a 55 gallon drum containing glycol ether is
spilled. Most of the spill remains on the pad, however, an
estimated ten percent flows off the pad and onto the soil.
Absorbent material used to remove the glycol ether from the
concrete pad is subsequently incinerated. How would these
releases be reported on the Form R? The density of glycol
ether is 8.6 pounds per gallon, and the vapor pressure is
0.10mmHgat68°F.
Quantity spilled = 55 gal x 8.6 Ibs./gal = 473 Ibs.
Quantity spilled onto pad = 473 x 90% = 425.7 Ibs.
Quantity spilled onto soil = 473 x 10% = 47.3 Ibs.
Air emissions of glycol ether are expected to be negligible
due to the low vapor pressure and environmental conditions,
provided response and cleanup are immediate. Therefore,
the quantity spilled onto the soil (50 pounds) should be
reported in Section 5.5.4, other disposal. The quantity
spilled onto the concrete pad (430 pounds) will need to be
added to the quantity of glycol ether directly fed to the
incinerator. After accounting for releases of glycol ether to
the air from the incinerator (as well as other potential
releases - some may be released to water if the facility
operates a wet scrubber), the remainder would be reported
as treated on site (Section 8.6).
Spills
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Spills are another pathway for EPCRA Section 313 chemicals to result in reportable
releases and other waste management quantities. The total amount of the listed EPCRA Section
313 chemical that leaks or spills should not automatically be reported as released to land.
Amounts that may volatilize should be considered a release to air, as well as amounts cleaned up
and disposed also need to be considered. However, amounts spilled into containment areas that
are directly reused within the same reporting year without requiring treatment prior to reuse are
not subject to release reporting. More guidance on calculating releases from spills can be found in
EPA''s Estimating Releases and Waste Treatment
In-Situ Leaching
Less commonly used, in situ leaching involves the injection of solutions of chemicals into wells to remove
target metals directly from deep-lying deposits of undisturbed ore. Facilities are not required to report as
releases to land any EPCRA Section 313 chemicals in the leaching solution that are injected as part of the
leaching process. For example, a facility injects a leaching solution into a well. The facility pumps the
injected solution back to the surface, and removes the target metals from the solution. The facility reinjects
the remaining solution, which may contain remaining amounts of EPCRA Section 313 metals. The facility
is not required to report the EPCRA Section 313 chemicals injected into the well as releases to land,
provided that the recirculating leaching process continues. However, amounts that escape into surrounding
rock are reported in Section 5.5 of Form R, Disposal to Land On-site. Once the process stops, the facility
must report any remaining amounts of EPCRA Section 313 metals left in the leaching zone.
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Efficiencies for the Toxic Chemical Release Inventory Form.
Other Wastes
Wastes resulting from mining machinery maintenance, and other facility activities are
commonly disposed on-site or transferred off-site for disposal. These wastes may include used
oil, polychlorinated biphenyls, discarded commercial chemicals, cleaning solvents, filters, empty
drums, and general refuse. Although wastes from the extraction and beneficiation (as defined
under RCRA, the Resource Conservation and Recovery Act) of ores and minerals, and 20 specific
mineral processing wastes ( identified in an EPA final ruling) are exempt from RCRA Subtitle C
requirements, other wastes produced at metal mining facilities may be subject to RCRA Subtitle C
(40 CFR §261.4(b)(7)). Data from waste manifests, waste profiles, and other data collected
under RCRA can therefore be used to estimate quantities of EPCRA Section 313 chemicals in
wastes subject to RCRA.
4.2.4 Transfers Off-site (Not Including Transfers to POTWs)
Metal mining facilities may also transfer wastes off-site for treatment, disposal, recycling,
or energy recovery. Examples of wastes containing EPCRA Section 313 chemicals that metal
mining facilities may transfer off-site include:
• Wastes such as solvents sent off-site for energy recovery;
• Wastes containing high concentrations of metals (e.g., wastes from electro winning)
sent off-site for recycling;
• Wastes generated from remediation activities or one-time events unrelated to
production (such as a hurricane);
• Wastes subject to RCRA Subtitle C, sent off-site for disposal, incineration, or
other management.
Many of the sources of data mentioned previously in this chapter for estimating quantities
of EPCRA Section 313 chemicals in wastes can be used to estimate quantities sent off-site.
Facilities that transfer RCRA Subtitle C wastes off-site can use waste profiles and waste manifests
to estimate quantities of EPCRA Section 313 chemicals in the waste transferred off-site.
Operating records, waste analysis, and data generated to meet specifications requested by the off-
site location are other sources of data that the facility may use.
The final known disposition of the EPCRA Section 313 chemical in wastes sent off-site
for further waste management must be reported. For example, an EPCRA Section 313 metal in a
waste solvent is sent off-site for energy recovery. The waste stream as a whole has a sufficient
heat value to warrant energy recovery, however the metals do not. Unless the facility has
information indicating that the metal will be recycled, assume the metal will be disposed at the off-
site location.
APPENDIX A
A-l
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REPORTING GUIDANCE DOCUMENTS
General Guidance
Air/SuperfundNational Technology Guidance Study Series, no date.
Internet Availability: None
Hardcopy Availability: NTIS
Order Number: PB96-162-490
Chemicals in Your Community: A Guide to the Emergency Planning and Community Right-To-
KnowAct, 1993.
Internet Availability: http://www.epa.gov/swercepp/gen-pubs.html
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-550-K-93-003
Common Synonyms for Chemicals Listed Under Section 313 of the Emergency Planning and
Community Right-To-Know Act, March 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-008
Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-to-
Know Act and Section 112(r) of the Clean Air Act, as amended (Title III List of Lists), November
1998.
Internet Availability: http://www.epa.gov/swercepp/gen-pubs.html
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-550-B-98-017
The Emergency Planning and Community Right-to-Know Act: Section 313 Release Reporting
Requirements, December 1997 (brochure).
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-K-97-002
EPCRA Section 313 Questions & Answers, Revised 1998 Version, December 1998.
Internet Availability: http://www.epa.gov/opptintr/tri
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-B-99-004
A-2
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Executive Order 12856 - Federal Compliance with Right-to-Know Laws and Pollution
Prevention Requirements: Questions and Answers.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-011
Interpretations of Waste Management Activities: Recycling, Combustion for Energy Recovery,
Treatment for Destruction, Waste Stabilization and Release, April 1997.
Internet Availability: None
Hardcopy Availability: EPCRA Hotline
Order Number: No order number
Standard Industrial Classification Manual., 1987.
Internet Availability: None (see http://www.epa.gov/tdbnrmrl/help/l_help7.htm for codes)
Hardcopy Availability: NTIS
Order Number: PB-87-100-012
Supplier Notification Requirements
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-560-4-91-006
Toxic Chemical Release Inventory Reporting Forms and Instructions (TRI Forms and Reporting
Requirements), March 23, 1998
Internet Availability: http://www.epa.gov/opptintr/tri
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-K-98-001
Toxic Chemical Release Reporting; Community Right-to-Know; Final Rule, February 16, 1988
(53 FR 4500).
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: None
Trade Secrets Rule and Form, July 29, 1988 (53 FR 28772).
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: None
Waste Analysis at Facilities That Generate, Treat, Store, and Dispose of Hazardous Wastes; A
Guidance Manual, April 26, 1994.
Internet Availability: http://es.epa.gov/oeca/ore/red/wap330.pdf
Hardcopy Availability: NTIS
Order Number: PB94-963-603
Chemical-Specific Guidance
A-3
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Emergency Planning and Community Right-to-Know Section 313: Guidance for Reporting
Aqueous Ammonia, July 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-012
Emergency Planning and Community Right-to-Know Section 313: List of Toxic Chemicals
Within the Chlorophenols Category, November 1994.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-B-95-004
Emergency Planning and Community Right-to-Know Section 313: List of Toxic Chemicals.,
September 1996.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-B-96-002
Guidance for Reporting Sulfuric Acid Aerosols (acid aerosols, including mists, vapors, gas, fog,
and other airborne forms of any particle size), March 1998 Revision
Internet Availability: http://www.epa.gov/opptintr/tri
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-97-007
List of Toxic Chemicals within the Water Dissociable Nitrate Compounds Category and
Guidance for Reporting, May 1996.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-96-004
Toxics Release Inventory: List of Toxic Chemicals Within the Glycol Ethers Category and
Guidance for Reporting, May 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-006
A-4
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Toxics Release Inventory: List of Toxic Chemicals Within the Nicotine and Salts Category and
Guidance for Reporting, February 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-004
Toxics Release Inventory: List of Toxic Chemicals Within the Polychlorinatd Alkanes Category
and Guidance for Reporting, February 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-001
Toxics Release Inventory: List of Toxic Chemicals Within the Poly cyclic Aromatics Compounds
Category, February 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-003
Toxics Release Inventory: List of Toxic Chemicals Within the Strychnine and Salts Category and
Guidance for Reporting, February 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-005
Release Estimation Guidance
General
Data Quality Checks to Prevent Common Reporting Errors on Form R/Form A, August 1998.
Internet Availability: http://www.epa.gov/opptintr/tri
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-98-012
Estimating Releases and Waste Treatment Efficiencies for the Toxic Chemical Release Inventory
Form, December 1987.
Internet Availability: http://www.epa.gov/opptintr/tri
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-560-4-88-002
A-5
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Releases During Cleaning of Equipment., June 30, 1986.
Internet Availability: None
Hardcopy Availability: Prepared by PEI Associates, Inc. for the U.S. Environmental Protection
Agency, Office of Prevention, Pesticides & Toxic Substances, Washington, DC, Contract Bo.
Order Number: 68-02-4248
Air
Chemdat 8/Water 8: Air Emission Models for Waste and Wastewater (for Microcomputers),
1994
Internet Availability: http://www.epa.gov/ttn/chief/software.html#water8
Hardcopy Availability: NTIS
Order Number: PB95-503595
Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources,
5th Edition (AP-42).
Internet Availability: http://www.epa.gov/ttn/chief/ap42.html
Hardcopy Availability: NCEPI
Order Number: EPA-450-AP-425ED
Protocol for Equipment Leak Emission Estimates., 1987.
Internet Availability: http://www.epa.gov/ttnchiel/fyi.html
Hardcopy Availability: NCEPI
Order Number: EPA-423-R-95-017
Tanks 3: Tanks: Storage Tank Emission Estimation Software, Version 3.0 (for Microcomputers),
March 1996
Internet Availability: http://www.epa.gov/ttn/chief/tanks.html
Hardcopy Availability: NTIS
Order Number: PB97-500-755
Water
Chemdat 8/Water 8: Air Emission Models for Waste and Wastewater (for Microcomputers),
1994
Internet Availability: http://www.epa.gov/ttn/chief/software.html#water8
Hardcopy Availability: NTIS
Order Number: PB95-503595
A-6
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Information and Document Distribution Centers
Enviro$en$e Information Network
BBS modem: (703) 908-2092
User Support: (703) 908-2007
Internet Home Page: http://es.epa/gov/index.html
National Center for Environmental Publications and Information (NCEPI)
P.O. Box 42419
Cincinnati, OH 45242
(800) 490-9198
(513) 489-8695 (fax)
Internet Home Page: http://www.epa.gov/ncepihom/index.html
National Technical Information Service (NTIS)
5285 Port Royal Road
Springfield, VA 22151
(800)553-6847
(703) 605-6900 (fax)
Internet Home Page: http://www.ntis.gov
OPPT Pollution Prevention (P2)
Internet Home Page: http://www.epa.gov/opptintr/p2home/index.html
Pollution Prevention Information Clearinghouse (PPIC)
Mail Code 3404
401 M Street, SW
Washington, DC
(202) 260-1023
(202) 260-0178 (fax)
RCRA, Superfund & EPCRA Hotline
(800) 424-9346 (outside the Washington, DC Area)
(703) 412-9810 (inside the Washington, DC Area)
TDD: (800) 553-7672 (outside the Washington, DC Area)
(703) 412-3323 (inside the Washington, DC Area)
RTK-Net
1742 Connecticut Avenue, NW
Washington, DC 20009-1146
(202) 797-7200
Internet Home Page: http://www.rtknet.org
Technology Transfer Network (TTN)
(919) 541-5384 (Help Desk)
A-7
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Internet Home Page: http://www.epa.gov/ttn
EPA Toxic Release Inventory General Information and Guidance
Internet Home Page: http://www.epa.gov/opptintr/tri
U.S. Government Printing Office (GPO)
(202)512-1800
(202) 512-2250 (fax)
Internet Availability: http://www.gpo.gov
*For the latest list of industry-specific and other technical guidance documents, please refer to the
latest version of the Toxic Chemical Release Inventory Reporting Forms and Instructions,
Appendix H.
A-8
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