&EPA
           United States
           Environmental Protection Agency
Office of Pollution
Prevention and Toxics
Washington, DC 20460
January 1999
EPA 745-B-99-005
 EPCRA Section 313
 Industry Guidance

       CHEMICAL DISTRIBUTION 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
      Acknowledgment	vi

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	2-6
             2.5    Manufacturing, Processing, and Otherwise Use of EPCRA Section 313
                   Chemicals	2-8
             2.6    Activity Thresholds	2-9
             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 	2-14

Chapter 3 - EPCRA Section 313 Threshold Determinations                            3-1
      3.0    PURPOSE	3-1
             3.1    Step 1: Determining which EPCRA Section 313 chemicals are
                   manufactured (including imported), processed, or otherwise used	3-1
             3.2    Step 2: Determining the quantity of each EPCRA Section 313 chemical
                   manufactured (including imported), processed, or otherwise used	3-7
             3.2.1  Concentration Ranges for Threshold Determination  	3-17
             3.2.2  Evaluation of Exemptions	3-19
             3.2.2.1 Laboratory Activities Exemption	3-19
             3.2.2.2 De Minimis Exemption	3-20
             3.2.2.3 Article Exemption	3-23
             3.2.2.4 Exemptions that Apply to the Otherwise Use of EPCRA Section 313
                   Chemicals	3-24
             3.2.3  Additional Guidance on Threshold Calculations for Certain Activities
                    	3-26
             3.2.3.1 On-site Reuse Activities  	3-26
             3.2.3.2 Remediation Activities 	3-27
             3.3    Step 3: Determine which EPCRA Section  313 chemicals exceed a threshold

Chapter 4 - Estimating Releases and Other Waste Management Quantities	4-1
      4.0    PURPOSE	4-1

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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
4.1.3   Step 3:  Identify On-Site Releases, Off-Site Transfers and 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	4-17
4.1.4.1 Monitoring Data or Direct Measurement (code M)	4-18
4.1.4.2 Mass Balance (code C)	4-19
4.1.4.3 Emissions Factors (code E)	4-20
4.1 A A Engineering Calculations (code O)  	4-22
4.1.4.5 Estimating Releases and Other Waste Management Quantities  	4-23
4.1.5   Other Form R Elements  	4-26
4.1.5.1 Maximum Amount On-Site (Part II, Section 4.1 of Form R	4-26
4.1.5.2 Production Ratio or Activity Index (Part II, Section 8.9 of Form R)
        	4-26
4.1.5.3 Source  Reduction  (Part  II, Sections 8.10 and 8.11 of Form R)  	4-27
4.2.3   Discharges to Receiving Streams or Water Bodies, Section 5.3 of Form R;
       and Discharges to Publicly Owned  Treatment Works (POTWs), Section 6.1
       of Form R	4-45
4.2.4   Disposal to Land On-site, Section 5.5 of Form R  	4-49
4.2.5   Transfers Off-site, Section 6.2 of Form R	4-52
4.2.6   On-site Waste Management Methods,  Section 7A, 7B, and 7C of
       Form R	4-53
4.2.7   Source  Reduction and Recycling Activities, Section 8 of Form R . . .  . 4-55
4.2.8   Source  Reduction Activities, Section 8.10 of Form R	4-55

       Appendix A:  Reporting Guidance Documents  	  A-l
                              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 Chemical Distribution Facilities, dated October
1997. It is intended to assist establishments and facilities designated by Standard Industrial
Classification (SIC) code 5169 (chemical and allied products wholesale) 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
             chemical distribution facilities;
       •     Industry process issues not discussed in the earlier document; and
       •     General format changes for program consistency.

       This document is designed to be a supplement to the  Toxic Chemical Release Inventory
Reporting Forms and Instructions {TRI Forms and Instructions), issued annually. It is organized
to provide a step-by-step guide to compliance with EPCRA Section 313, starting with how you
determine if your facility must report through completion of the Form R or Form A. While certain
information provided in this document may be used as a reference, specific information available to
facilities, such as amounts of chemicals in mixtures and  other trade name products used at the
facility, may be more accurate and more appropriate for use in developing threshold determinations
and estimating releases and other waste management amounts.  Under EPCRA Section 313,
facilities are instructed to use the best "readily available  data," or when such data are not available
"reasonable estimates," in fulfilling their reporting requirements. This document is organized in the
following manner.

       Chapter 1 serves  as an introduction to TRI reporting  and provides a brief background on
the Emergency Planning and  Community Right-to-Know Act and  information on where to obtain
additional compliance assistance.

       Chapter 2 begins with how to determine if your facility must report.  This determination is
based on your answers to a series of four questions:

       1.     Is your facility's primary SIC code on the EPCRA  Section 313 list?
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       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
chemical distribution facilities.

       Chapter 4 discusses how you calculate the release and other waste management amounts
for those EPCRA  Section 313 chemicals for which you must prepare a report.  This chapter
provides a step-by-step approach designed to minimize the risk of overlooking an activity involving
an EPCRA Section 313 chemical and any potential sources or types of releases and other waste
management activities that your facility may conduct.  This procedure consists of the following
steps:

       •     Identification of potential sources of EPCRA Section 313 chemicals released and
             otherwise managed as wastes;
       •     Preparation of a detailed process flow diagram;
       •     Identification of the potential types of releases and other waste management
             activities from each source; and
       •     Determination of the most appropriate methods for estimating the quantities of
             listed EPCRA Section 313 chemical releases and other waste management
             activities.

       The main part of Chapter 4 is organized around activities  common to chemical distribution
facilities where EPCRA Section 313 chemicals are manufactured, processed, or otherwise used. A
list of EPCRA Section 313  chemicals likely to be managed by chemical distribution facilities;
process descriptions; guidance on thresholds determinations; release and other waste management

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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 chemical
distribution 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 chemical distribution facilities, which are based on
information from written comments received from industry representatives, as well as from
comments made by participants in EPA-sponsored EPCRA workshops.

                                ACKNOWLEDGMENT

       EPA would like to recognize the valuable contributions made by members of the National
Association of Chemical Distributors (NACD), whose industry insight and understanding of
EPCRA Section 313 requirements have greatly assisted in increasing the utility of this document.
Special thanks go to Geoff O'Hara, Director of Government Affairs, for his effort in coordinating
NACD's review.
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                               Chapter 1 - Introduction

1.0    PURPOSE

       The purpose of this guidance document is to assist facilities in SIC code 5169 (chemical
and allied products wholesale) 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 chemical
distribution 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 as the EPCRA Section 313 reporting requirements) and
discusses specific release and other waste management activities encountered at many facilities in
these industries.  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 Chemical Distribution 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 chemical
              distribution 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
chemical distribution facilities. Facilities should also rely on EPA's Estimating Releases and
Waste Treatment Efficiencies for the Toxic Chemical Release Inventory Form document to assist
in providing complete and accurate information for EPCRA Section 313 reporting.  Additional
discussion addressing specific issues can be found in EPA's current version of EPCRA Section 313
Questions and Answers. All of these documents are available on the EPA's TRI  website

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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 phone number
is 1-800-553-7672 or in the Washington, DC metropolitan area, call 703-412-3323.

       In addition, EPA is in the process of working with representatives from the National
Association of Chemical Distributors to create look-up tables to further assist those facilities with
limited information to develop emission estimates for chemicals most commonly managed by
chemical distribution facilities.  These tables will provide instructions for estimating fugitive and
stack emissions using inputs such as tank size, throughput amount, and location of facility.  EPA
anticipates that these look up tables will be available by February 1999 in time to assist these
facilities in developing reports due by July 1, 1999. These look up tables will also be available
from EPA's Internet site or by contacting the EPCRA Hotline as indicated above.

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 TRIForms 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;

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       •       EPA's Internet site, http://www.epa.gov/opptintr/tri;
       •       Envirofacts Warehouse Internet site, http://www.epa.gov/enviro/tris-overview.html;
              CD-ROM from the Government Printing Office (GPO);
       •       Microfiche in public libraries;
       •       Magnetic tape and diskettes from the National Technical Information Service
       •       EPA's annual TRI data release materials (summary information).

       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 EPRCA 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 file a Form R. By
filing the Form A, the facility certifies that it did not exceed the reportable amount or exceed the
alternate threshold.  (See Chapter 2.9 for more detail.)

       Note that the annual reportable amount includes the quantity of EPCRA Section 313
chemicals in all production-related waste management activities, not just releases (see the waste
management discussion in Chapter 4 for more detail). Also, a covered facility must submit either a
Form A or a Form R for each EPCRA Section 313 chemical exceeding an applicable reporting
threshold, even if there are no releases and other waste management quantities.

       Enforcement
       Violation of Section 313 reporting provisions may result in federal civil penalties of up to
$27,500 per day.  State enforcement provisions may also be applicable depending on the state's
adoption  of any "EPCRA Section 313-like" reporting regulations.

       Regulatory Assistance Resources
       The TRI Forms and Instructions also contain a discussion of common problems in
completing the Form R.  You are encouraged to read this section before filling out the Form R (or
Form A) for your facility. If, after reading both the TRI Forms and Instructions and this guidance
document, you still have questions about EPCRA Section 313 reporting, please contact the
EPCRA Hotline at 1-800-424-9346.  In the Washington, DC metropolitan area, call 703-412-
9810. The EPCRA Hotline TDD phone 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 2.6)?

       If you answered "No" to any of the four questions above, you are not required to prepare
any submissions under EPCRA  Section 313. If you answered "Yes" to ALL of the first three
questions, you must perform a threshold determination for each EPCRA Section 313 chemical at
the facility, and submit a Form R or Form A for each chemical exceeding a threshold.
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   Is Your Facility in a Covered SIC Code?
           (See Chapter 2.3)
                    ,YES
  Does Your Facility Have 10 or More Full-
    Time Employees or the Equivalent?

          (See Chapter 2.4)
                   YES
                  V
 Does Your Facility Manufacture, Process, or
   Otherwise Use Any EPCRA Section 313
             Chemicals?

          (See Chapter 2.5)
                   YES
   Does Your Facility Exceed Any of the
 Thresholds for a Chemical (after excluding
  quantities that are exempt from threshold
            calculations)?

           (See Chapter 3)
                    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 Chapter 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 has several different establishments, and has determined that it is covered by EPCRA Section 313.
 One establishment processes 20,000 pounds of an EPCRA Section 313 chemical during the year by repackaging
 into different size containers and distributing them to customers.  Another establishment purchased 7,000 pounds
 of the same chemical during the year as a blending agent. Both activities constitute "processing" of the EPCRA
 Section 313 chemical (as presented in Chapter 2.5 and described in detail in Chapter 3) and the total quantity
 processed at the facility exceeded the 25,000 pound processing threshold for the year. Thus, if your facility meets
 the employee threshold, you must file one Form R for that EPCRA Section 313 chemical from your facility, or
 two Form Rs, one from each establishment. 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
facility could contain a chemical manufacturing plant and a chemical distribution operation, and a
public road separating the two. 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 or have the same parent
company and 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. For assistance in determining which SIC code best suits your
facility, refer to Standard Industrial Classification Manual, 1987, published by the Office of
Management and Budget.

                                       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
       Facilities in SIC code 5169 must prepare Form R and/or Form A submissions if they
exceed the employee and chemical activity thresholds.

       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
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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 under EPCRA Section 313 until further notice.  EPA will issue notice in the Federal
Register to inform you and other EPCRA Section 313 facilities of its plans to adopt the NAICS
and how facilities should make their NAICS code determination.

       Primary SIC Code Determination. Assuming your facility has several establishments with
different SIC codes that are owned or operated by the same entity, you will need to determine if
your facility has a primary SIC code that is subject to EPCRA Section 313. Your facility is subject
to EPCRA Section 313 reporting requirements if:

       •       All the establishments have SIC codes covered by EPCRA  Section 313; OR

       •       The total value of the products shipped or services provided at establishments with
               covered SIC codes is greater than 50% of the value of the entire facility's products
               and services;  OR

       •       Any one  of the establishments with a covered SIC code ships and/or produces
               products  or provides services whose value exceeds the value of services provided
               or products produced and/or shipped by all of the other establishments within the
               facility on an  individual basis.
                                Example - Primary SIC Code

 A facility has two establishments. The first, an industrial chemical distribution operation in SIC code 5169,
 repackages and blends chemicals for manufacturing operations. The second establishment, an agricultural
 chemical and pesticide distribution operation, is in SIC code 5191, which sells chemicals to farms and
 wholesale retail establishments. Only the industrial chemical distribution operation has an SIC code listed
 among those "covered" under EPCRA Section 313. The facility then determines that the industrial chemical
 distribution operation's value is $500,000 per year whereas the value of the agricultural chemical and pesticide
 operation is $300,000 per year.  The value of the covered establishment is more than 50% of the facility's value;
 therefore, the primary SIC code determination is such that the entire facility, including the SIC Code 5191
 operation, is subject to reporting.
                    COMMON ERROR - Multi-Establishment Facilities

 Some "multi-establishment" chemical distribution facilities overlook the fact that they may have to submit a
 Form R or Form A for an EPCRA Section 313 chemical used in retail operations which may not be used in their
 SIC code 5169 operations. However, if a facility meets the SIC code and other reporting criteria, facility
 personnel are required to complete a Form R or Form A for all EPCRA Section 313 chemicals exceeding
 thresholds at the entire facility.
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       To determine the value of production or service attributable to a particular establishment,
you can subtract the product or service value obtained from other establishments from the total
product or service value of the facility.  This procedure eliminates the potential for "double
counting" production or service in situations where establishments are engaged in sequential
production activities at a single facility.

       Auxiliary Facilities.  Some companies may own and/or operate a non-contiguous or non-
adjacent facility that primarily supports a covered EPCRA Section 313 facility. These auxiliary
facilities assume the SIC code of a covered facility that it directly supports. For example, an off-
site warehouse that directly  supports a covered chemical distribution facility (SIC code 5169) must
assume the SIC code 5169 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
chemical distribution facility, the auxiliary facility may assume the SIC code of the main facility and
may then be covered by the  EPCRA Section 313 reporting requirements for purposes of the
facility's SIC code.
                                 Example - Auxiliary Facilities

 A chemical distribution facility has an off-site chemical bulk storage unit on a non-contiguous property
 that is typically unmanned. When filling orders for customers, the facility sends trucks to the off-site bulk
 storage unit, "drums-off' a specified amount and delivers the order to the customer. What reporting is
 required for the EPCRA Section 313 chemicals that are "processed" at this off-site location?

 The off-site location may itself be classified as a chemical distribution facility and be "covered" in terms of its
 SIC code designation. The off-site bulk storage facility may also assume the SIC code of the "covered" chemical
 distribution establishment that it supports and also be considered "covered." However, the off-site bulk storage
 facility must also meet each of the other reporting thresholds, such as the employee threshold, in determining if it
 must report. In terms of determining if the off-site facility meets the employee threshold potentially requiring it
 to report, the facility should consider all of the hours spent servicing the units such as product delivery, tank
 clean-out, and construction in making that determination. If these hours add up to 20,000 over the course of the
 reporting year, the facility would meet the employee threshold and would be required to consider its EPCRA
 Section 313 chemical activities. It is possible that the type of employee hours associated with the off-site bulk
 storage facility would potentially exceed thresholds in one year and not in another.
2.4    Number of Employees

       Facilities must also meet or exceed the 10 or more full-time employees or equivalent
criterion to be subject to EPCRA Section 313 reporting requirements.  A full-time employee
equivalent is defined as a work year of 2,000 hours. If your facility's staff (including contractors
and certain other non-company personnel) work 20,000 or more hours in a calendar year, you
meet the 10 or more full-time employee criterion.  While many facilities may easily exceed this
criterion, your facility may be small or highly automated and your on-site staff may be small.  In
these cases, in particular, you should carefully consider all personnel supporting your operations to
determine if you meet the 10 or more full-time employee criterion.
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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.
                                Example - Calculating Employees

 Your facility has six full-time employees working 2,000 hours/year in the chemical distribution operation. There
 are also three full-time truck drivers (employed by the facility) assigned to the plant, each working
 2,000 hours/year but predominantly on the road or from their homes. Finally, you build a farm supply
 establishment to sell chemical formulations to area farms using four contractor 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 nine full-time employees (six plant personnel and three truck drivers) for the
                year are:
                                9 employees x 2,000 hours/year = 18,000 hours;

         •       Hours for the construction crew are:
                                4 contractors x 1,000 hours = 4,000 hours.

 This is a total of 22,000 hours for the year, which is above the 20,000 hours/year threshold; therefore, you meet
 the employee criterion.
     POSSIBLE ERROR - Construction Workers and Maintenance Service Contractors

 Remember to include construction workers and maintenance contractors, such as periodic tank cleanout services,
 in your employee threshold calculation.
                       POSSIBLE ERROR - Off-Site Contract Truckers

 Chemical distribution facilities often contract with truck drivers based off-site to transfer chemicals and
 formulations to manufacturers and other distributors. The distribution facility does not hire the truck drivers
 directly, and the trucks are not based at the facility.  Are the hours worked by these truck drivers for the chemical
 distribution facility counted towards the terminal's employee threshold calculation?

 No.  The hours worked by the truck drivers do not directly support the facility; therefore, these hours are not
 counted towards the employee threshold.
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2.5    Manufacturing, Processing, and Otherwise Use of EPCRA Section 313 Chemicals

       If you have determined that your facility meets the SIC code and employee threshold
determinations, you must determine what EPCRA Section 313 chemicals are manufactured,
processed, or otherwise used at your facility during the reporting year and whether an activity
threshold was exceeded. This section of the chapter will introduce the terms and concepts behind
this determination; whereas, Chapter 3 will take you through a detailed step-by-step process to
determine whether you need to report for any EPCRA Section 313 chemicals.

       Identifying Chemicals.  If you are in a covered SIC code and have  10 or more full-time
employee equivalents, you must  determine which EPCRA Section 313 chemicals are
manufactured, processed, or otherwise used at your facility in excess of threshold quantities. To
assist in doing this, you should prepare a list of all chemicals manufactured,  processed, or
otherwise used by all establishments at the facility, including the chemicals present in mixtures and
other trade name products and managed  in wastes received from off-site.  This list should then be
compared to the CURRENT list  of EPCRA Section 313 chemicals found in  the TRI Forms and
Instructions document for that reporting year (available from the EPCRA Hotline, 1-800-424-
9346 or at the website: http://www.epa.gov/opptintr/tri). In addition to the individually listed
chemicals, the list of EPCRA Section 313 chemicals includes several chemical categories
(discussed in detail in Chapter 3). You must include chemical compounds that are members
included in any of these categories when evaluating activities at the facility for threshold
determinations and release and waste management calculations. Once you identify the EPCRA
Section 313 chemicals and chemical categories at your facility, you must evaluate the activities
involving each chemical or chemical category and determine whether any activity thresholds have
been met.

       Note that 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). Table 2-2 lists several EPCRA Section 313 chemicals by type that
may be encountered by chemical distribution facilities.
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                                      Table 2-2
      EPCRA Section 313 Chemicals Commonly Encountered in Chemical
                                Distribution Facilities
Product/Process
Heavy chemicals
Dyestuffs
Industrial salts
Rosin
Turpentines
Air Conditioning
and refrigerant
Cleaning/
Disinfectant Uses
Chemicals
Sulfuric acid (acid aerosols); Glycol ethers; Phthalates (diethyl phthalate,
bis (2-ethylhexyl) phthalate); Substituted Benzenes, Chlorobenzene, Nitric
acid
C.I. Basic Red 1, C.I. Basic Green 4, Xylenes, Anthraquinone,
Nitroaniline, Diphenylmethane
Ammonium chloride, Ammonium nitrate, Ammonium sulfate
Methanol, Ethylene glycol, Colophony, Zinc
Turpene, Formaldehyde, Acetone
HCFC-21, HCFC-22, CFC-11, CFC-12, CFC-13, Freon 113, CFC-114
Trichloroethylene, Xylene (mixed isomers), Tetrachloroethylene
(Perchloroethylene), Methylene chloride (dichloromethane), Methyl
chloroform. Cresols
2.6    Activity Thresholds

       There are three activity thresholds for the EPCRA Section 313 chemicals defined in
EPCRA Section 313: manufacturing (which includes importing), processing, and otherwise use.
The activity thresholds are 25,000 pounds per year for manufacturing, 25,000 pounds per year for
processing, and 10,000 pounds per year for otherwise use.  These thresholds apply to each
chemical individually.  The determination is based solely on the quantity actually manufactured
(including imported), processed, or otherwise used.  Only the amounts of the listed EPCRA
Section 313 chemical that meet activity definitions are considered towards threshold
determinations. Any other amounts not considered to be manufactured, processed, or otherwise
used are not considered toward threshold determinations. For example,  EPCRA Section 313
chemicals that  are brought on-site (excluding amounts imported) and stored for future use or
disposal, but are not incorporated into a product for distribution or are not otherwise used on-site
during the reporting year, are NOT considered towards any activity threshold for that reporting
year.

       More detailed explanations of threshold activities (manufactured, processed, or otherwise
used), with examples of each are found in Chapter 3, Tables 3-2, 3-3, and 3-4. 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 on the creation of metal
compounds during the combustion of coal.
  25,000
Process
The preparation of an EPCRA Section 313 chemical, after its manufacture,
for distribution in commerce:
       (1) In the same form or physical state as, or in a different form or
       physical state from, that in which it was received by the person so
       preparing such chemical; or
       (2) As part of an article containing the EPCRA Section 313
       chemical.

For example, if you receive a mixture containing an EPCRA Section 313
chemical and package it, including transferring from storage tank to a tank
track, and then distribute it into commerce, this chemical has been
manufactured AND 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
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       There are some activities which do not meet the definitions of manufacture, process, or
otherwise use. For instance, storage, relabeling, or redistribution of an EPCRA Section 313
chemical where no repackaging occurs does not constitute manufacturing, processing, or
otherwise use of that chemical.  This type of activity  should not be included in threshold
calculations.  In addition, transfers of EPCRA Section 313 chemicals in wastes for energy
recovery, treatment, or disposal are not considered "distribution into commerce."

       Also, note that the threshold determinations for each of 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.
                                   Example - Repackaging

 Does the placing of a bulk liquid containing a small percentage of a EPCRA Section 313 chemical into
 small bottles for consumer sale constitute a reportable/threshold activity of the EPCRA Section 313
 chemical?

 Yes, repackaging for distribution in commerce is a type of processing (40 CFR Section 372.3). If the bulk liquid
 contains an EPCRA Section 313 chemical in excess of the de minimis level, the EPCRA Section 313 chemical
 in the liquid mixture would have to be factored into calculations in determining whether the processing
 threshold has been exceeded for that EPCRA Section 313 chemical.
                                     Example - Relabeling

 You receive a mixture which contains an EPCRA Section 313 chemical, in small containers. When it arrives,
 you put your own label on each container and put the containers in a larger box with several other items, and
 sell the larger box as a kit. The quantity of the EPCRA Section 313 chemical in the small containers should not
 be counted toward the processing (because you did not repackage the EPCRA Section 313 chemical) or
 otherwise use thresholds, nor should it be counted toward the manufacturing activity threshold unless the small
 containers were imported by your facility.
                                   Example - Redistributing

 If a chemical distribution facility is simply storing and redistributing a EPCRA Section 313 chemical
 without repackaging it, is this activity considered "processing" of an EPCRA Section 313 chemical?

 No. The term "process" means the preparation of an EPCRA Section 313 chemical, after its manufacture, for
 distribution in commerce. Because the EPCRA Section 313 chemical is not repackaged but is merely
 redistributed, the facility is not "processing" the EPCRA Section 313 chemical and amounts do not have to be
 considered toward the facility's processing threshold.
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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
       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
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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

 A chemical distribution facility repackages and distributes resins which contain toluene. The facility uses
 transfer systems that minimize fugitive air releases.  Over the course of the reporting year, the facility estimates
 that the quantity of toluene processed in the resin is 32,000 pounds and the total quantity of toluene released or
 otherwise managed as waste is 370 pounds. Because the facility did not exceed one million pounds for
 manufacturing, processing, or otherwise use and the facility's total reportable quantity of toluene does not exceed
 500 pounds, the facility has the option of sumitting a Form R or a Form A.
       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
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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
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;
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       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 source of information to make reporting
determinations. Alternatively, you may use reasonable estimates to make reporting determinations.
The amount and type of data and records will vary from facility to facility. Examples of records
that you should keep, if applicable, include the following:

       •       Each Form R or Form A submitted;
       •       Section 313 Reporting Threshold Worksheets (sample worksheets can be found in
              Chapter 3 of this document as well as in the  TRI Forms and Instructions);
       •       Engineering calculations and other notes;
       •       Purchase records and MSDSs from suppliers;
       •       Inventory and receipt data;
       •       Analytical results and profiles for wastes received from off site;
       •       NPDES/SPDES permits and monitoring reports;
       •       EPCRA Section 312, Tier II reports;

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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.  Chemical distribution facilities may find it helpful to create
two lists: one of purchased chemicals otherwise used at the facility, and one of EPCRA Section
313 chemicals that are processed (e.g., repackaged or blended) by the facility.  In developing the
list of chemicals otherwise used, identify the name of each mixture or other trade name product
(e.g., solvents purchased for cleaning), and write the names of all chemicals contained in each
mixture or other trade name product. For the list of processed chemicals, it may be necessary to
distinguish between EPCRA Section 313 chemicals blended/repackaged (i.e., processed) versus
chemicals stored and/or relabeled. Chemicals that are only stored and/or relabeled are not
considered manufactured, processed, or otherwise used. 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 instructions).  Highlight the EPCRA Section 313 chemicals that are on
your list. You must perform threshold determinations for these chemicals.

       Review the list to be sure each chemical is shown by its correct EPCRA Section 313  name.
For example, a common EPCRA Section 313 chemical processed by chemical distribution facilities
for distribution into commerce is nitric acid.  Nitric acid (CAS No. 7697-37-2) has several
synonyms, including azotic acid and hydrogen nitrate.  It must be reported on Form R (or Form
A), Item 1.2, by its EPCRA Section 313 chemical name, nitric acid.  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 names and the
corresponding CAS numbers.

       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 chemical

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distribution facilities. As a guide, refer to table 2-2 for a list of EPCRA Section 313 chemicals
commonly encountered in chemical distribution facilities.  The list is not comprehensive of all
chemicals that may be managed at chemical distribution facilities, but is merely a starting point for
identifying chemicals for threshold determinations.

       Information that is useful in performing threshold determinations and preparing your
reports includes the following:

       •     Waste name and associated EPCRA Section 313 chemical names;
       •     Mixtures and other trade name products containing EPCRA Section 313 chemicals;
       •     Associated CAS numbers;
       •     Throughput quantities; and
       •     Whether the chemical is manufactured, processed, or otherwise used at the facility
             (be sure to include quantities that are coincidentally manufactured and imported, as
             appropriate).

       Use of Spreadsheets or Databases. A computerized spreadsheet or database may be helpful
in developing your facility's chemical list and performing threshold calculations. The type of
information useful as input in a spreadsheet or database includes the chemical name, mixture or
other trade name product, or waste name with corresponding chemical component, concentrations,
the CAS number, and the yearly quantity manufactured, processed, or otherwise used.  The
spreadsheet or database could also be designed to identify the total quantity by activity threshold
(amounts manufactured, processed, and otherwise used) for each EPCRA Section 313 chemical in
every waste, mixture, and other trade name product.

       Smaller facilities that do not have an established electronic method of tracking their
chemical usage and waste managed, should consider developing a spreadsheet to assist them in
their chemical management activities. Developing a spreadsheet will require an initial investment
of time; however, the time and  effort saved in threshold calculations in subsequent years can be
significant.  Such a system will also reduce the potential of inadvertently overlooking EPCRA
Section 313 chemicals that are present in wastes received  or mixtures purchased from off-site
sources.

EPCRA Section 313 Chemicals in Purchased Chemicals
       To develop the chemical list and identify the associated threshold activities for purchased
chemicals you may want to consult the following:

             Material Safety Data Sheets (MSDS);
       •     Facility purchasing records;
       •     Inventory records;
       •     Individual manufacturing/operating functions; and
       •     Operation and process knowledge.

       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.

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Chemical distribution facilities may receive MSDSs for any mixture and other trade name product
purchased for repackaging, blending, equipment cleaning and maintenance, or 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 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.
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       The EPCRA Section 313 chemical list includes individually listed chemicals and several
chemical categories.  If you meet the SIC code criterion and exceed the employee threshold, you
must file a Form R or Form A for each EPCRA Section 313 chemical or chemical category
manufactured, processed, or otherwise used above threshold quantities.  When conducting
threshold determinations for individually listed chemicals, simply compare the amount of that
chemical manufactured, processed, or otherwise used, to each threshold quantity.  If you exceed
the threshold, you must file a Form R or Form A for that chemical.  When determining thresholds
for chemical categories, you must total the weights of all members of the category, and compare
this sum to each activity threshold. It is important that you compare the amount of compounds in
a category separately to each individual activity threshold (manufacturing, processing, or otherwise
                              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.
use).  If you exceed any of the three activity thresholds for a chemical category, you must file a
Form R or Form A for that chemical category.
       Many of the EPCRA Section 313 chemical categories are metal compound categories (e.g.,
chromium compounds). Metal compound categories include any unique chemical substance that
contains the metal as part of that chemical's infrastructure.  When calculating thresholds for metal
compound categories, you must consider the entire weight of the metal compound, not just the
weight of the parent metal.  However, if you exceed an activity threshold for a metal compound
category and you are filing a Form R for that metal compound category, you need only use the
weight of the parent metal when calculating quantities released or otherwise managed as waste.
Elemental forms of metals (e.g., chromium) are also individually listed on the EPCRA Section 313
chemical list. You must make separate threshold determinations for the elemental metal and the
metal compound category (e.g., chromium and chromium compounds).  If you exceed thresholds
for both the metal and metal compound category, you may submit separate Form Rs, or one Form
R for both the metal and metal compound category. However, if both the metal and the metal
compound qualify for Form A reporting, you must submit separate Form A certifications for the
metal and metal compound category.
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       Several chemicals on the EPCRA Section 313 chemical list include qualifiers related to use
                          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 (Sections  1.1 and
  1.2.)
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 or red phosphorus are not.

       The qualifiers associated with these chemicals which may be applicable to chemical
distribution facilities 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, processing of elemental  aluminum in blending chemicals only needs to be
              considered in threshold determinations if the aluminum is in the form of a fume or
              dust.  However, if aluminum (fume or dust) are created while  grinding a metal bar
              containing elemental aluminum, then these amounts would need to be considered
              toward the facility's manufacturing threshold. Additionally, the entire weight of all
              aluminum compounds should be included in the threshold determination for
              aluminum compounds.

       •       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

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             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).

       •      Phosphorus (yellow or white) - Only manufacturing, processing, or otherwise use
             of phosphorus in the yellow or white chemical forms require reporting.  Black and
             red phosphorus are not subject to EPCRA Section 313 reporting.

       •      Asbestos (friable) - Asbestos only need be considered when it is handled in the
             friable form. Friable refers to the physical characteristic of being able to crumble,
             pulverize, or reduce to a powder with hand pressure.

       •      Aluminum oxide (fibrous) - Beginning with reports for calendar year 1989,
             aluminum oxide is only subject to threshold determination when it is handled in
             fibrous forms. EPA has characterized fibrous aluminum oxide for purposes of
             EPCRA Section 313  reporting as a man-made fiber that is commonly used in high-
             temperature insulation applications such as furnace linings, filtration, gaskets, joints,
             and seals.

       •      Sulfuric acid and hydrochloric acid (acid aerosols) - EPA delisted non-aerosol
             forms of sulfuric acid (CAS No. 7664-93-9) and hydrochloric acid (CAS No. 7647-
             01-0) from the EPCRA Section 313 chemical list beginning in the 1994 and  1995
             reporting years, respectively.  Threshold determinations and release and other waste
             management estimates now only apply to the aerosol forms. EPA considers the
             term aerosol to cover any generation of airborne acid (including mists, vapors, gas,
             or fog) without any particle size  limitation. Sulfuric acid and hydrochloric acid
             (acid aerosols) are manufactured in the headspace of tanks during the storage of
             these chemicals. 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

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        The next step is to determine the quantities manufactured (including imported), processed,
and otherwise used for each EPCRA Section 313 chemical on your list (developed in Step 1).
Table 3-1 lists the annual reporting thresholds for each of these threshold activities (Tables 3-2
through 3-4 provide detailed definitions of subcategories for each Threshold Activity Category).

                                           Table 3-1
                                    Reporting Thresholds
Activity Use Category
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 is the amount applied to the threshold determination, not the amount in storage or
 in the system.  For example, your facility has a bulk storage capacity of 500,000 gallons. At the beginning of the
 year, inventory records show 400,000 gallons of a mixture on-site. During the year, your facility receives
 800,000 gallons of product from off-site via tanker trucks, repackages the product, and sends it off-site to
 customers. At the end of the year, inventory records show 300,000 gallons on-site. Therefore, over the course of
 the year, your facility processed 900,000 gallons of product (Beginning inventory + Purchased Product - Ending
 Inventory, 400,000 + 800,000 - 300,000 = 900,000). EPCRA Section 313 chemicals in the 900,000 gallons of
 product processed are considered in the threshold determination and if any EPCRA Section 313 chemical
 exceeds 25,000 pounds, the "processing" threshold has been exceeded.
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       Each of the threshold activity is divided into subcategories.  As discussed in the TRI Forms
and Instructions, you are required to designate EACH activity and  subcategory that applies to
your facility not only those for which a threshold was exceeded.

Manufacturing
       Manufacturing means producing, preparing, importing, or compounding an EPCRA
Section 313 chemical.  While chemical distribution facilities may not intend to manufacture an
EPCRA Section 313 chemical during its operations, many of the activities could produce chemicals
that may need to be considered towards the manufacturing threshold.  You will need to consider if
EPCRA Section 313 chemicals are produced coincidentally during any of your operations, which
qualifies towards the manufacturing threshold, regardless of whether the chemical only exists for a
short period of time. An example would be the production of sulfuric acid (acid aerosols), which
may be generated during the storage of sulfuric acid (acid aerosols). The following discussion
describes the various activities included under manufacturing (see Table 3-2), and other
manufacturing threshold issues that are relevant to chemical distribution facilities.

                                       Table 3-2
              Definitions and Examples of Manufactured Chemicals
Manufacturing Activity
Subcategory
Produced or imported for on-site
use/processing
Produced or imported for
sale/distribution
Produced as a byproduct
Produced as an impurity
Examples
Any EPCRA Section 313 chemical that is imported by a chemical
distribution facility for use on-site or for blending and subsequent
distribution to commerce.
Any EPCRA Section 313 chemical that is imported by a chemical
distribution facility for sale and distribution.
Generation of aerosol forms of hydrochloric acid (acid aerosols) as a
result of repackaging or reformulation activities
May not occur in the chemical distribution industry
       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 an EPCRA Section 313 chemical, and amounts must be considered
toward the manufacturing threshold.  Note that if an entity other than the facility, such as a third
party not directly associated with the facility (e.g., a chemical broker), ordered the chemical
without specific direction from the facility, then that third party has "caused" the chemical to be
imported, and the facility does not need to consider the EPCRA Section 313 chemical toward 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 that Qualifies as Manufacturing

 A chemical distribution facility arranges the importation of a material containing an EPCRA Section 313
 chemical by specific request from a customer. The material goes directly to the customer. The material
 never enters the boundaries of the chemical distribution facility. Who should count the amount of EPCRA
 Section 313 chemical towards the manufacturing threshold?

 The customer has caused the EPCRA Section 313 chemical to be imported into the customs territory of the
 United States. If the customer is a covered facility, the customer must count the amount of the EPCRA Section
 313 chemical imported that enters their facility toward the manufacturing threshold.  The chemical distributor
 acted as an agent for the customer,  and therefore, does not trigger the manufacturing activity threshold. Note:
 the chemical distributor may be an  importer of record under TSCA requirements 40 CFR 707.
       Chemical Conversions.  Perhaps the most overlooked form of manufacturing is chemical
conversions.  Both organics and metals can undergo chemical conversions during chemical
distribution operations.  Any new EPCRA Section 313 chemicals produced as a result of these
chemical conversions must be counted towards the manufacturing threshold.  For example, if
chemical A and chemical B are blended, and the resulting reaction creates chemical C, which is  an
EPCRA Section 313 chemical, Chemical C would be counted towards the manufacturing
threshold.  Wastewater treatment is also known to form new compounds, notably nitrate
compounds - an EPCRA Section 313 chemical category.
                              COMMON ERROR - Reporting

 A common error in wastewater treatment is the failure to report the ammonia that may be coincidentally
 manufactured as a byproduct during the treatment process. Other EPCRA Section 313 chemicals may also be
 coincidentally manufactured during such treatments depending upon the chemicals present. Chapter 4.2.11
 discusses calculations for such chemicals.
       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 is considered a
"manufacturing" activity under EPCRA Section 313.  Acid aerosols can be formed in the head
space of a tank or while being sprayed or poured onto a product.  Each time a spray system
aerosolizes the sulfuric acid or hydrochloric acid, the facility manufactures reportable Section 313
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/.

Processing

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       Processing means preparing an EPCRA Section 313 chemical, or a mixture or other trade
name product containing an EPCRA Section 313 chemical for distribution in commerce (usually
thought of as the intentional incorporation of an EPCRA Section 313 chemical into a product).
Processing includes preparation of the EPCRA Section 313 chemicals in the same physical state or
chemical form as that received by your facility,  or preparation that produces a change in physical
state or chemical form. The term also applies to the processing of a mixture or other trade name
product that contains an EPCRA Section 313 chemical as one component. Chemical distribution
facilities should pay considerable attention to this activity threshold  since much of their operations
involve repackaging and/or blending of products with EPCRA Section 313 chemicals for
distribution 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.  If you blend a product that
contains an EPCRA Section 313 chemical, package it, and then distribute it in commerce, or if you
receive a mixture  containing an EPCRA Section 313 chemical and repackage the mixture, the
EPCRA Section 313 chemical has been processed by your facility. In addition, distribution in
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).

       If a material is produced, repackaged, or recovered for use on-site, the material has not
been prepared for distribution into commerce, and thus cannot be counted towards the processing
threshold. The following discussion describes various processing activities for reporting purposes
(see Table 3-3), along  with some processing threshold issues that are relevant to chemical
distribution facilities.
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                                         Table 3-3
                     Definitions and Examples of Processed Chemicals
Processing Activity Subcategory
Reactant
Formulation component
Article component
Repackaging for distribution in
commerce
Examples
May not occur in the chemical distribution industry.
The blending of chemicals to formulate, for example,
for autobody shops.
lacquer thinner
May not occur in the chemical distribution industry.
The repackaging of organic chemicals (liquids), such as xylene, into
various size containers for resale to customers.
       Repackaging. An EPCRA Section 313 chemical that is repackaged in preparation for
distribution into commerce is considered processed for the purposes of EPCRA Section 313.
Repackaging is defined in the TRI Forms and Instructions as a chemical that is processed or
prepared for distribution in commerce in a different form, state, or quantity.  In general, if the
contents of a container, tank, or pipeline are transferred to a different container of any size in
preparation for being sent off site for distribution into commerce, the material has been
"repackaged," and thus processed.  The following situations are considered repackaging under
EPCRA Section 313:

       •      Transfer of a product containing an EPCRA Section 313 chemical from a larger
              container to a smaller container or from a smaller to larger container prior to
              distribution into commerce. The size of the container that the EPCRA Section 313
              chemical is being transferred to is irrelevant. Both situations constitute
              repackaging.

       •      Movement of product containing EPCRA Section 313 chemical from a pipeline to a
              tank for distribution into commerce or vice versa.

       •      Transfer of a waste containing an EPCRA Section 313 chemical off-site for
              recycling.

The following situations are NOT considered repackaging under the TRI program:

       •      Transfer of waste off site for treatment, disposal, or energy recovery. These types
              of transfers are not considered distribution in commerce and are therefore not
              processed.  Wastes that are sent off site for recycling DOES constitute processing.

       •      Relabeling of containers. For example, if containers arrive at your facility, and you
              resell them by placing your company's label on the container, that action does not
              constitute repackaging.
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              The transfer of smaller containers from a larger container. For example, transfer of
              one gallon containers from a large storage bin to a pallet would not be considered
              repackaged as long as the integrity of each one gallon container is not
              compromised.

              Sampling the contents of a container without repackaging. For example, if a facility
              receives a 55-gallon drum of toluene, samples the drum to determine the
              concentration or purity and then sends the drum to a customer for use, that action
              does not constitute repackaging.
                            Example - Repackaging as Processing

 A chemical distribution facility receives shipments of an EPCRA Section 313 chemical in rail cars.  The
 EPCRA Section 313 chemical is transferred from the rail cars into tank trucks for distribution to
 customers. The quantity of the EPCRA Section 313 chemical held in the tank trucks is approximately
 equivalent to the amount held  in the rail cars. Would the transfer of the EPCRA Section 313 chemical
 from the rail cars to the tank trucks be considered repackaging and therefore included in "processing"
 threshold determinations?

 Yes. All activities involving the preparation of an EPCRA Section 313 chemical, after its "manufacture," for
 distribution in commerce are to be included in the "processing" threshold determination for that chemical. EPA
 defines "processing" to include "...the preparation of a chemical for distribution in commerce in a desirable
 form, state, and/or quantity (i.e., repackaging)..." (53 FR 4506; February 16, 1988). The act of removing an
 EPCRA Section 313 chemical from one container and placing it in another is considered repackaging,
 regardless of the size of the containers involved. As such, the facility must include any amounts transferred
 from the rail cars to the tank trucks in its "processing" threshold for that chemical.
       Blending.  Chemical distribution facilities may blend EPCRA Section 313 chemicals to
make certain products for their customers. Blending of chemicals for the intention of distributing
products into commerce (e.g., to your customers) is processing.  For example, EPCRA Section
313 chemicals (e.g., toluene) could be used to blend lacquer thinner for autobody shops.

       Transfers Off-site for Recycling. Amounts of EPCRA Section 313 chemicals sent off-site
for recycling also must be considered toward the processing threshold of 25,000 pounds.  Amounts
of materials containing EPCRA Section 313 chemicals sent off-site for recycling are prepared for
distribution into commerce. Materials sent off-site for recycling must undergo a recovery step and
are, therefore, considered a waste and not eligible for the de minimis exemption. Wastes destined
for off-site recycling are considered wastes sent off-site for further waste management, which are
not eligible for the de minimis exemption and must be reported on the Form R in Sections 6 and 8.

       Transfers Off-site for Direct Reuse.  Amounts of EPCRA Section 313 chemicals sent off-
site for direct reuse must be considered toward the processing threshold of 25,000 pounds.
Materials are considered to be sent off-site for direct reuse if the materials are distributed into
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 a release because the materials are not  considered
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wastes.  Because materials sent off-site for direct reuse are not considered wastes, these materials
may qualify for the de minimis exemption if any EPCRA Section 313 chemical in the material is
below the de minimis level (see Chapter 3.2.2.3).  EPCRA Section 313 chemicals in waste that are
sent off-site for further waste management; e.g., disposal, are not considered to be reused.

Otherwise Use
       "Otherwise use" is any use of an EPCRA Section 313 chemical that does not fall under the
definitions of "manufacture" or "process."  Chemicals otherwise used are not incorporated into a
product that is distributed into commerce and includes such uses as a processing or manufacturing
aid and for such ancillary uses as treating wastes.

       Otherwise use of an EPCRA Section 313 chemical also includes disposal, stabilization
(without subsequent distribution in commerce), and treatment for destruction if the:

       (1)     EPCRA Section 313 chemical that was disposed, stabilized, or treated for
              destruction was received from off-site for the purposes of further waste
              management, or

       (2)     EPCRA Section 313 chemical that was disposed, stabilized, or treated for
              destruction that 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 3-4).

                                         Table 3-4
                  Definitions and Examples of Otherwise Used Chemicals
Otherwise Use Activity
Subcategory
As a chemical processing aid
As a manufacturing aid
Ancillary or other use
Examples
May not occur in the chemical distribution facilities in amounts
exceeding de minimis or threshold use.
Ammonia or CFCs, such as R-12 and R- 13, are commonly used as
refrigerants. Refrigerators are necessary for the storage of certain
chemicals, such as flammable materials.
Line flushing is performed using water or the chemical (which may
be an EPCRA Section 313 chemical) that is next in line to be
processed.
Cleaners, lubricants, or degreasers used in the maintenance of
mixers, stationary cranes, and other processing equipment.
* More complete discussions of the industry-specific examples can be found in Chapter 4 of this guidance manual.

       Dead or Slow Moving Stock. Chemical distribution facilities may encounter "dead or slow
moving stock" or "expired" chemicals. These are chemicals that the facility either could not sell or
expired while in storage waiting for shipment.  Disposal of dead or slow moving stock does not
constitute a threshold activity as long as it is not imported during the reporting year. Importation
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during the reporting year would constitute manufacturing. If, however, other activities exceed a
manufacturing, processing, or otherwise use threshold for an EPCRA Section 313 chemical in dead
or slow moving stock, releases and other waste management activities would have to be
considered for either Form R or Form A.  For example, a chemical distribution facility repackages
20,000 pounds of nitric acid solution during the reporting year for distribution to its customers.
During the same reporting year, the facility is required to neutralize 8,000 pounds of nitric acid
because it exceeded its shelf life. Only 20,000 pounds of the nitric acid are considered processed,
therefore the facility did not exceed the 25,000 pound threshold for processing nitric acid. If the
facility had processed greater than 25,000 pounds of nitric acid, the facility would be responsible
for filing a Form R and would be required to report the releases and other waste management
activities associated with the 8,000 pounds of expired nitric acid.

       Other Activities. Otherwise use includes the use of EPCRA Section 313 chemicals in
activities such as cleaning, maintenance, and water purification. The use of an EPCRA Section
313 chemical to treat another chemical constitutes an otherwise use.

       Examples of Chemicals that Chemical Distribution Facilities "Otherwise-Use "

       •      Chemicals used to clean storage and blending tanks, containers, and other
              equipment;

       •      Chemicals in materials  that are used to maintain process equipment (e.g., lubricants,
              solvents, and welding rods);

       •      Chemicals (e.g., nickel  and chomium in stainless steel) in materials used to replace
              worn parts while maintaining process-related operations;

       •      Chemicals used to refrigerate stock (e.g., HCFC-22 or ammonia);

       •      Chemicals in fuel used in any on-site equipment (other than motor vehicles eligible
              for the motor vehicle maintenance exemption);
                       COMMON ERROR - Threshold Determination

 The most common EPCRA Section 313 threshold error when considering chemicals in refrigerant and heating
 system uses is basing the threshold determination on the total amount of the EPCRA Section 313 chemicals in
 the system. Unless the system has been placed into use in the current reporting year, the threshold determination
 should be based only on the amount of new EPCRA Section 313 chemicals added to the system during the year
 (i.e., to charge a new system or to replace amounts lost through leaks and maintenance activities on an existing
 system).  If the system has been placed in operation in the current reporting year, you must count the amount of
 any EPCRA Section 313 chemicals in the system plus any EPCRA Section 313 chemicals added to the system to
 the otherwise use threshold.  However, if the system has not been started in the current reporting year, an
 EPCRA Section 313 report is not required unless more than 10,000 pounds of new ammonia are added to the
 system during the year, even if a refrigeration system contains more than 10,000 pounds of ammonia. The
 quantities of the EPCRA Section 313 chemicals added during the year can best be determined from purchase and
 inventory records.
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                    COMMON ERROR - Use of Pesticides and Herbicides

 The most common reporting error in use of pesticides and herbicides is failure to submit a Form R or Form A for
 EPCRA Section 313 chemicals because they are used only for agricultural purposes at a covered facility. A Form
 R or Form A may be required if the primary SIC code of a multi-establishment facility is one of the covered SIC
 codes.

 The threshold determination for pesticides and herbicides should be based upon the quantity of the EPCRA
 Section 313 chemical used, not the entire quantity of the pesticide formulation. Such formulations often contain
 other chemicals that are not reportable, and the EPCRA Section 313 chemical may represent only a small percent
 of the total quantity of material used.

 Some facilities also may fail to report any release or other waste management activity of these EPCRA Section
 313 chemicals because they are broken down by soil microorganisms, and do not accumulate in the soil from
 normal agricultural use. The total amount of the EPCRA Section 313 chemicals used should be reported without
 consideration of its disposition after it is applied to the soil.
       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 quantities that should be applied to the otherwise use threshold are
those that are treated for destruction, stabilization or disposed on-site.  Waste management does
not include the storage, container transfer, or tank transfer of an EPCRA Section 313 chemical if
no recycling, combustion for energy recovery, treatment for destruction,  waste stabilization, or
release of the chemical occurs at the facility (62 FR 23850; May 1, 1997).
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                                             Table 3-5
                   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 a
Section 313 chemical that is (1) (a) a RCRA hazardous waste or waste fuel, (b) a
constituent of a RCRA hazardous waste or waste fuel, or (c) a spent or contaminated
"otherwise used" material; and that (2) has a significant heating value and is combusted
in an energy or materials recovery device. Energy or materials recovery devices are
boilers and industrial furnaces as defined in 40 CFR §372.3 (See 62 FR 23891). If a
reported toxic chemical is incinerated but does not contribute energy to the process (e.g..
metal, metal compounds, and chloroflorocarbons), it must be considered treatment for
destruction. In determining whether an EPCRA Section 313 listed chemical is
combusted for energy recovery, the facility should consider the heating value of the
Section 313 chemical and not the heating value of the chemical stream.
Treatmentfor
destruction
Means the destruction of an EPCRA Section 313 chemical in waste such that the
substance is no longer the EPCRA Section 313 chemical subject to reporting. Treatment
for destruction does not include the destruction of an EPCRA Section 313 chemical in
waste where the EPCRA Section 313 chemical has a heat value greater than 5,000
British Thermal Units (BTU) and is combusted in any device that is an industrial boiler
or furnace.  (See 40 CFR §372.3.) "Treatment for destruction" includes acid or alkaline
neutralization if the EPCRA Section 313 chemical is the entity that reacts with the acid
or base. "Treatment for destruction" does not include: (1) neutralization of a waste
stream containing EPCRA Section 313 chemicals if the EPCRA Section 313 chemicals
themselves do not react with the acid or base (See 40  CFR §372.3), (2) preparation of an
EPCRA Section 313 chemical for disposal, (3) removal of EPCRA Section 313
chemicals from waste streams, and (4) activities intended to render a waste stream more
suitable for further use or processing, such as distillation or sedimentation. (Note:
Amounts of metals CAN NOT be destroyed and therefore should not be reported as
treated for destruction.)
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 Waste stabilization
                     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

                     hazardous waste and binder mixture. Other synonymous terms used to refer to this
                     process are "stabilization," "waste fixation," or "waste solidification." (See 40 CFR
 Release
Release
pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or
disposing into the environment (including the abandonment or discarding of barrels,

CFR §372.3.)
 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.

3.2.1  Concentration Ranges for Threshold Determination

       You are required to use your best readily available information 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 MSDS, customer, or supplier
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 MSDS states methanol  is present in a concentration of not less than
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             20% and not more than 40%, or it may be stated as present at a concentration
             between 20 to 40%. You should use 30% methanol in your threshold calculations.

       •      If only the upper bound concentration is provided you must use this value in your
             threshold calculation.

       •      If only the lower bound concentration of the EPCRA Section 313 chemical is
             specified and the concentration of other components are given, subtract the other
             component values from 100%.  The remainder should be considered the upper
             bound for the EPCRA Section 313  chemical and you should use the given lower
             bound to calculate the mid-point as discussed above. For example, an MSDS states
             that a solvent used for cleaning contains at least 10% MEK and 60% water.
             Subtracting the water portion of the compound from 100% leaves 40% as the
             upper bound for MEK. The mid-point between upper (40%) and lower (10%)
             bounds is 25%, the value you should use in your threshold calculation.

       •      If only the lower bound is specified and no information on other components is
             given assume the upper bound is 100% and calculate the mid-point as above.

       Even if the concentration of a chemical is known through engineering knowledge only, the
facility is still required to consider the chemical for threshold determinations. This determination
should be made based on their best readily available information, be it process knowledge or other
reasonable estimation techniques.

       When determining concentration information,  remember that the de minimis exemption
does NOT apply to chemicals that are manufactured (even as by-products). If your MSDS for a
manufactured compound indicates 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 manufactured compound, you may assume that the concentration is zero. However, if
the facility has reason to believe that the EPCRA Section 313 chemical is present, it may use half
of the detection limit for that chemical when making threshold determinations and release and
other waste management calculations.
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                              Example - Average Concentration

 Is it appropriate for a chemical distribution facility to develop an average concentration for an EPCRA
 Section 313 chemical contained in thousands of similar products managed 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 facilities with certain exemptions:

       •       Laboratory Activities Exemption;
       •       De minimis exemption;
       •       Article exemption;
       •       Exemptions that apply to the otherwise use of chemicals: routine janitorial/facility
               grounds maintenance; 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.

3.2.2.1 Laboratory Activities Exemption

       This exemption includes EPCRA Section 313 chemicals that are manufactured, processed,
or otherwise used in a laboratory under 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
exemption.
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                       Example - Laboratory Activities Exemption

 If a facility takes a sample from its process stream to be tested in a laboratory for quality control
 purposes, are releases of an EPCRA Section 313 chemical from the testing of the sample in the laboratory
 exempt under the laboratory activities exemption?

 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 or other waste management
 amounts that take place in a qualifying laboratory.
3.2.2.2 De Minimis Exemption

       If the amount of EPCRA Section 313 chemical(s) present in a mixture or other trade name
product processed or otherwise used 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-defmed carcinogens, which
have a 0.1% Je 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 and which is
then subsequently distributed in commerce, amounts of EPCRA Section 313 chemicals are eligible
for the de minimis exemption. The de minimis exemption also  applies to EPCRA Section 313
chemicals below the de minimis concentration in an imported mixture or other trade name product.

       The de minimis exemption, however, does not apply to EPCRA Section 313 chemicals that
are coincidentally manufactured as byproducts that are separated from the product; nor does it
apply to EPCRA Section 313 chemicals that are coincidentally manufactured as a result of waste
treatment or other waste management activities, or to waste brought on site for waste
management.

       The de minimis exemption also does not apply to releases from mixtures that are only
stored or relabeled, although it does apply to releases from mixtures that are processed (e.g.,

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repackaged) as well as manufactured or otherwise used.  Although the de minimis exemption
applies to both threshold determinations and release determinations, the exemption ONLY applies
during certain threshold activities, which are detailed above.  Since storage and relabeling do not
themselves constitute threshold activities, releases and other waste management activities from
these activities may not be eligible for the de minimis exemption.

       Once the de minimis level has been met or exceeded, the exemption no longer applies to
that process stream, even if the concentration of the EPCRA Section 313 chemical  in a mixture or
other trade name product later drops below the de minimis level. All releases and other waste
management activities are subject to reporting after the de minimis concentration has been equaled
or exceeded, provided an activity threshold has been exceeded.
                                    Example - De Minimis

 A facility receives a mixture 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.
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                          Examples - De Minimis Concentration Ranges
Example 1:

A facility processes 8,000,000 pounds of a paint thinner formulation containing 0.25 to 1.25% toluene. Toluene is subject
to a 1% de minimis concentration exemption. The amount of mixture subject to reporting is the quantity containing toluene
above the de minimis concentration:

        (8,000,000X1.25% - 0.99%)/(1.25% - 0.25%) = 2,080,000 pounds

The average concentration of toluene that is not exempt (above the de minimis) is:

        (1.25%+ 1.00%)/(2)= 1.13%

Therefore, the amount of toluene that is subject to threshold determination and release and other waste management
estimates is:

                         '(8 000 000 (.  %-0.99%) I 1(1.25%+!.00%) I   ~, .„„      ,
                          i	^	L\ ^	L\ = 23,400 pounds
                               (1.25%-0.25%)      J [      (2)
         = 23,400 pounds toluene
         = 23,000 pounds with two significant figures (which is below the processing threshold)

In this example, because the facility's information pertaining to toluene was available to two decimal places, 0.99 was used
to determine the amount below the de minimis concentrations.  If the information was available to one decimal place, 0.9
should be used, as in Example 2 below.

Example 2:

As in Example 1, toluene is present in a mixture, of which 8,000,000 pounds is processed. The MSDS states the mixture
contains 0.2% to 1.2% toluene. The amount of mixture subject to reporting (above de minimis) is:

         (8,000,000) (1.2% - 0.9%)/(1.2% - 0.2%) = 2,400,000 pounds

The average concentration of toluene that is not exempt (above de minimis) is:

         (1.2%+1.0%)/(2)= 1.1%

Therefore, the amount of toluene that is subject to threshold determinations and release and other waste management
estimates is:
                               (1.2%-0.2%)      J [     (2)
                         (8J000,000)(1.2%-0.9%) | , ^	,  = 2MOQ pounds
         = 26,400 pounds toluene
         = 26,000 pounds with two significant figures
          (which is above the processing threshold)
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3.2.2.3 Article Exemption

       An article is defined as a manufactured item if each of the three criteria below applies:

       •      Is formed to a specific shape or design during manufacture;

       •      Has end-use functions dependent in whole or in part upon its shape or design; and

       •      Does not release an EPCRA Section 313 chemical under normal  conditions of
              processing or otherwise use of the item at the facility.

       If you receive a manufactured item from another facility and process or otherwise use the
item without changing the  shape or design, and your processing or otherwise use results in the
release of 0.5 pound or less of the EPCRA Section 313 chemical in a reporting year from all like
articles, then the EPCRA Section 313 chemical in that item is exempt from threshold
determinations and release and other waste management reporting. The article exemption does not
apply to the manufacturing of items at your facility.

       The shape and design of a manufactured item can change somewhat during processing and
otherwise use activities as long as part of the item retains the original dimensions. That is, as a
result of processing or otherwise use, if an item retains its initial thickness or diameter, in whole or
in part, then it still meets the definition of article. If the item's basic dimensional characteristics  are
totally altered during processing or otherwise use, the item would not meet the definition, even if
there were no releases of an EPCRA 313 chemical from these manufactured items.  As an example,
items that do not meet the definition would be items that are cold extruded, such as bar stock that
is formed into wire. However, stamping a manufactured item into pieces that are recognizable as
the original articles would not change the exemption  status as long as the diameter and the
thickness of the item remain unchanged. For instance, metal wire may be bent and sheet metal may
be cut, punched, stamped, or pressed without losing the article status as long as  no change is made
in the diameter of the wire or tubing or the thickness  of the  sheet and, more important, there are no
releases of the EPCRA Section 313 chemical(s).

       Any processing or otherwise use of an article that results in a release above 0.5 pound per
year for each EPCRA Section 313 chemical for all like articles will negate the article  exemption.
Cutting, grinding, melting, or other processing of a manufactured item could result in a release of
an EPCRA Section 313 chemical during normal conditions of use and, therefore, could negate the
exemption as an article if the total release exceeds 0.5 pound in a year.  However, if all of the
resulting waste is recycled or reused, either on site or off site such that the release and other waste
management of the EPCRA Section 313 chemical in all like articles does not exceed 0.5 pound,
then the article exemption status is maintained.  Also, if the processing or otherwise use of similar
manufactured items results in a total release and other waste management of less than or equal to
0.5 pound of any individual EPCRA Section 313 chemical in a calendar year, EPA will allow this
quantity to be rounded to zero and the manufactured items to maintain their article exemption.
The 0.5 pound limit does not apply to each individual article; instead, it applies to the sum of
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releases and other waste management activities (except recycling) from processing or otherwise
use of all like articles for each EPCRA Section 313 chemical contained in these articles.

       The EPCRA Section 313 Q&A document presents several specific questions and
answers/discussion pertaining to the article exemption.

3.2.2.4 Exemptions that Apply to the Otherwise Use of EPCRA Section 313 Chemicals

       Some exemptions are limited to the "otherwise use" of an EPCRA Section 313 chemical.
EPCRA Section 313 chemicals used in these activities do not need to be included in a facility's
threshold determinations nor the associated release and other waste management calculations,
provided thresholds are met elsewhere. The  following otherwise use activities are considered
exempt (See most current versions of TRI Forms and Instructions and EPCRA Section 313
Question and Answer 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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                       Example - Process Equipment Chemical Use

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 operations, are not exempt and the amount of the EPCRA Section 313
chemical in the lubricant should be applied to the otherwise use threshold.
             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 those amounts of EPCRA Section 313 chemicals
             coincidentally  manufactured should be considered as part of the manufacturing
             threshold.
                           Example - Motor Vehicle Exemption

How does a facility that collects a quantity of used motor oil from motor vehicles owned and operated by
the facility consider amounts of the used oil that are sent off site for recycling?

Amounts of releases (including disposal) or other waste management practices associated with an exempt
"otherwise use" of EPCRA Section 313 chemicals are also exempt from release or other waste management
calculations, provided the facility does not conduct a subsequent non-exempt activity involving the chemical.
                           Example - Motor Vehicle Exemption

Methanol is purchased for use as a processing aid and as a windshield washer anti-freeze in company vehicles.
The amount used for the latter purpose would be 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 exempt 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.

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              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 for one of its processes. This water contains approximately 100 pounds of an EPCRA
 Section 313 chemical. The facility ultimately returns the water that contains the entire 100 pounds of the
 EPCRA Section 313 chemical to the river. The chemical in the water can be considered exempt because the
 EPCRA Section 313 chemical was present as drawn from the environment.  The facility does not need to
 consider the chemical drawn with river water for threshold determinations or release and other waste
 management reporting.
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, these
amounts are not included in the threshold determinations. However, if during remediation
activities, an EPCRA Section  313 chemical is manufactured then these amounts would have to be
considered toward the manufacturing threshold.
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       Additionally, if you are conducting remediation for an EPCRA Section 313 chemical for
which you have exceeded a threshold elsewhere at the facility above an activity threshold level, you
must consider this activity in your release and other waste management calculations.  In that case,
you must report any release and other waste management of an EPCRA Section 313 chemical due
to remediation in Part 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;

       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 you may be
 eligible to file the abbreviated Form A rather than a Form R (see Chapter 2.9).
       Calculating Thresholds for 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 activity use threshold applies, the
amount associated with each threshold is determined separately.
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        Table 3-4 presents a worksheet that may be helpful when conducting your threshold
determinations and Table 3-5 illustrates an example of how the work sheet can be used for the
following example:
                                Example - Threshold Worksheet

 Assume your facility purchases two mixtures that contain xylene in the applicable reporting year. You
 purchased 25,000 pounds of Mixture A (which is 50% xylene per the MSDS) and 110,000 pounds of Mixture B
 (which contains 20% xylene). Further, you determine that you "process" the entire quantity of Mixture A, while
 you "process" only half of Mixture B and "otherwise use" the other half. You do not qualify for any exempt
 activities. In this example, you would  have processed a total of 23,500 pounds of xylene (12,500 pounds from
 activities associated with Mixture A and  11,000 pounds from activities associated with Mixture B). You would
 also have otherwise used a total of 11,000 pounds (all from Mixture B).  Therefore, you would not have
 exceeded the 25,000 pound threshold for processing; however, you would have exceeded the 10,000 pound
 threshold for otherwise use and would  be required to submit a Form R or Form A.
                                                3-28

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                                             REVIEW DRAFT - DO NOT CITE OR QUOTE - March 4, 1999
      Table 3-4 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.
to
VO
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




(A,) Ibs.
Processed




(B,) Ibs.
Otherwise Used




(C,) Ibs.
                                                                                                             Ibs.
                      Ibs.
Amount subject to threshold:                                                                   (A-Aj)_
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.
y	Ibs.
 10.000 Ibs.

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                                       REVIEW DRAFT - DO NOT CITE OR QUOTE - March 4, 1999

                                    Table 3-5.  Sample Section 313 Reporting Threshold Worksheet
Facility Name:  ABC Chemical Distributors
Toxic Chemical or Chemical Category: Xylene (mixed isomers)
CAS Number: 1330-20-7
Date Worksheet Prepared: May 1. 1999
 Prepared By:  	
Reporting Year: 1998
Amounts of the toxic chemical manufactured, processed, or otherwise used.
Mixture Name, Waste Name, or
Other Identifier
1. Mixture A
2. Mixture B
3.
4.
Subtotal:
Information
Source
Inventory/
Purchasing
Inventory/
Purchasing



Total Weight
(Ib)
25,000
110,000



Percent TRI
Chemical
by Weight
50
20



TRI Chemical
Weight
(in Ibs)
12,500
22,000


34,500
Amount of the Listed Toxic Chemical by Activity (in Ibs.):
Manufactured
—
—


(A) 0 Ibs.
Processed
12,500
11,000


(B) 23,500 Ibs.
Otherwise Used
—
11,000


(C) 11,000 Ibs.
Exempt quantity of the toxic chemical that should be excluded.
Mixture Name 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-Aj) 0 Ibs.      (B-Bj) 23,500 Ibs. (C-Cj) 11,000 Ibs.
Compare to threshold for Section 313 reporting.                                                     25.000 Ibs.         25.000 Ibs.          10.000 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.

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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 the amounts of these chemicals
in the 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
chemical distribution facilities. This  chapter has been divided into two parts.  The first part
provides  a general approach to identifying sources of potential releases and other waste
management activities, collecting data, and determining the most appropriate method(s) to develop
estimates. Chapter 4.1 also provides insights into the requirements, recommended approaches, and
other nuances associated with developing comprehensive and accurate estimates for reportable
EPCRA Section 313 chemicals.  To illustrate this approach, a diagram of a recommended steps for
estimating quantities of reportable EPCRA Section 313 chemicals released or otherwise managed
as wastes is provided in Figure 4-1.

       Chapter 4.2 of this chapter provides a focused discussion with examples of methods and
tools to use in calculating estimates of releases and other waste management activities specific to
many chemical distribution operations. In particular, Chapter 4.2 is organized to address the life
cycle of wastes received from off-site for the purposes of treatment, storage, disposal, and/or
recovery  operations. More broadly, this section divides the wastes managed into two categories:
liquid and solid wastes. These two categories will determine the type of releases and waste
management activities likely to occur for the reportable EPCRA Section 313 chemical.
                                           4-1

-------
                    Step 1:  Identify Potential Release and Other
                           Waste Management Sources
                           Step 2:  Prepare Process
                                  Flow Diagram
                        Step 3: Identify Release and Other
                               Waste Management
                               Activity Types
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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 reportable Section 313 chemicals. Consider all potential sources at which
reportable EPCRA Section 313 chemicals may be released and otherwise managed from each unit
operation and process. Remember to include upsets and routine maintenance activities.  Potential
sources include the following:

       •       Relief valves;
       •       Pumps;
       •       Stacks;
       •       Volatilization from process or treatment;
       •       Fittings;
       •       Transfer operations;
       •       Flanges;
       •       Storage tanks;
       •       Stock pile losses;
       •       Waste treatment discharges;
       •       Process discharge stream;
       •       Container residues;
       •       Recycling and energy recovery byproducts;
       •       Accidental spills and releases;
       •       Storm water runoff;
       •       Clean up and housekeeping practices;
       •       Treatment sludge; and


                                            4-3

-------
       •       Combustion byproducts.

       Next, you must identify the reportable EPCRA Section 313 chemicals that are released and
otherwise managed from each source. A thorough knowledge of the facility's operations and
processes will be required to make an accurate determination of which chemicals are involved,
including those EPCRA Section 313  chemicals that are coincidentally manufactured during these
processes.

4.1.2   Step 2:  Prepare a Process Flow Diagram

       Preparing a process flow diagram will help you calculate your releases by illustrating the
life-cycle of the reportable EPCRA Section 313 chemical(s), as well as help you identify any
sources of chemicals that are released and  otherwise managed as waste at your  facility that you
might have missed in step 1. Depending on the complexity of your facility, you may want to
diagram individual processes or operations rather than the entire facility. The diagram should
illustrate how materials flow through the processes and identify material input,  generation, and
output points.  By reviewing each operation separately, you can determine where EPCRA Section
313 chemicals are manufactured, processed, or otherwise used and the medium to which they will
be released on-site, transferred off-site for further waste management,  or otherwise managed as
wastes on-site.

4.1.3   Step 3:  Identify On-Site Releases, Off-Site Transfers and On-Site Waste
       Management Activity Types

       For each identified source of an EPCRA Section 313 chemical, you must examine all
possible releases and other waste management activities.  Figure 4-2 is a schematic of releases and
other waste management activities as they correspond to individual data elements on the Form R.
Remember to include both routine operations and accidents when identifying types of chemical
management activities. This diagram, along with the following descriptions,  can be used as a
checklist to make sure all possible types of releases and other waste management activities have
been considered.

       a.     Fugitive or Non-Point Air Emissions (Part II, Section 5.1 of Form R) -
              Emissions to the air that are not released through stacks, vents, ducts, pipes, or any
              confined air stream. Examples include:

              •      Equipment leaks from valves,  pump seals, flanges, compressors, sampling
                    connections, open-ended lines, etc.;
              •      Releases from building ventilation systems, such as a roof fan in an open
                    room;
              •      Evaporative losses from solvent cleaning tanks, surface impoundments, and
                    spills; and
              •      Emissions from any other fugitive or non-point sources.
                                           4-4

-------
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

-------
b.     Stack or Point Air Emissions (Part II, Section 5.2 of Form R)A11 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
                                     4-6

-------
              purpose, it is considered to be a "transfer to an off site location, disposal"
              and should be reported under Part II, Sections 6.2 and 8.1 of the Form R.

              The ultimate disposition of the chemical after application to the land does
              not change the required reporting. For example, even if the chemical is
              eventually biodegraded by microorganisms or plants, it is not considered
              recycled, reused, or treated.

       e(3).   Surface impoundment - A surface impoundment is a natural topographic
              depression, man-made excavation, or diked area formed primarily of earthen
              materials that is designed to hold an accumulation of wastes containing free
              liquids. Examples include: holding, settling, storage, and elevation pits;
              ponds; and lagoons.

              You do not have to report quantities of an EPCRA Section 313 chemical
              that are released to a surface impoundment as part of a wastewater
              treatment operation in this section.  However, if the sludge from the surface
              impoundment contains the EPCRA Section 313 chemical, then the EPCRA
              Section 313 chemical in the sludge must be estimated in this section unless
              the sludge is removed and subjected to another waste management activity.
              In that case, it should be reported for that activity, as appropriate.

       e(4).   Other disposal - Releases to land that do not fit the categories of landfills,
              land treatment, or surface impoundment are classified as other disposal. This
              category also includes any spills or leaks of the EPCRA Section 313
              chemical to land.

f.      Transfers Off Site to a Publicly Owned Treatment Works (POTW) (Part II,
       Section 6.1 of Form R) The amount of EPCRA Section 313 chemical in water
       transferred to an off site POTW.

g.      Transfers to Other Off-Site Locations (Part II, Section 6.2 of Form R)  All
       amounts of the EPCRA Section 313 chemical transferred off-site for the purposes
       of waste treatment, disposal, recycling, or energy recovery.  Be sure to include
       quantities of the EPCRA Section 313 chemical in non-hazardous wastes (such as
       sanitary waste and facility trash) transferred off-site and metals in waste transferred
       off site for recycling.

       Any residual chemicals in "empty" containers transferred off-site would also be
       reported in Section 6.2. EPA expects that all containers (bags, totes, drums, tank
       trucks, etc.) will have a small amount of residual solids and/or liquid. On-site
       cleaning of containers must be considered for EPCRA Section 313 reporting. If the
       cleaning occurs with a solvent (organic or aqueous), you must report the
       disposition of the waste solvent as appropriate.  If the containers are sent off site
                                    4-7

-------
for disposal or reclamation, you should report the EPCRA Section 313 chemical in
this section.

Actual data and a knowledge of the unloading methods at your facility can be used
to estimate the quantity of residual chemicals in containers. However, EPA has
developed guidance to assist facilities if there is no site-specific information.  Table
4-1 provides results from experimentation on residue quantities for a sample of
waste types if left in drums and tanks when emptied. These results are presented as
the mass percent of the vessel capacity and are categorized based on unloading
method, vessel material, and bulk fluid material properties such as viscosity and
surface tension.
                              4-8

-------
                                           Table 4-1
     Summary of Residue Quantities From Pilot-Scale Experimental Studya'b
                            (weight percent of drum capacity)
Unloading
Method
Pumping
Pumping
Pouring
Pouring
Gravity
Drain
Gravity
Drain
Gravity
Drain
Vessel Type
Steel drum
Plastic drum
Bung-top steel
drum
Open-top steel
drum
Slope-bottom
steel tank
Dish-bottom
steel tank
Dish-bottom
glass-lined
tank
Value
Range
Mean
Range
Mean
Range
Mean
Range
Mean
Range
Mean
Range
Mean
Range
Mean
Material
Kerosene0
1.93-3.08
2.48
1.69-4.08
2.61
0.244 - 0.472
0.404
0.032-0.080
0.054
0.020-0.039
0.033
0.031 -0.042
0.038
0.024 - 0.049
0.040
Water"
1.84-2.61
2.29
2.54-4.67
3.28
0.266-0.458
0.403
0.026-0.039
0.034
0.016-0.024
0.019
0.033 -0.034
0.034
0.020 - 0.040
0.033
Motor Oile
1.97-2.23
2.06
1.70-3.48
2.30
0.677 - 0.787
0.737
0.328-0.368
0.350
0.100-0.121
0.111
0.133 -0.191
0.161
0.112-0.134
0.127
Surfactant
Solution*
3.06
3.06
Not
Available
0.485
0.485
0.089
0.089
0.048
0.048
0.058
0.058
0.040
0.040
Trom "Releases During Cleaning of Equipment." Prepared by PEI Associates, Inc., for the U.S. Environmental
Protection Agency, Office of Pesticides and Toxic Substances, Washington, D.C. Contract No. 68-02-4248.
June 30, 1986.
bThe values listed in this table should only be applied to similar vessel types, unloading methods, and bulk fluid
materials. At viscosities greater than 200 centipoise, the residue quantities can rise dramatically and the
information on this table is not applicable.
Tor kerosene, viscosity = 5 centipoise, surface tension = 29.3 dynes/cm2
Tor water, viscosity = 4 centipoise, surface tension = 77.3 dynes/cm2
Tor motor oil, viscosity = 97 centipoise, surface tension = 34.5 dynes/cm2
Tor surfactant solution viscosity = 3 centipoise, surface tension =31.4 dynes/cm2
                                               4-9

-------
       The following example describes how the information in the table can be used to estimate
the quantity of an EPCRA Section 313 chemical in water that was used to clean drums on site.
                                 Example - Container Residue

         You have determined that a Form R for an EPCRA Section 313 chemical must be submitted.
         The facility receives and treats 1,000 steel drums that contain 55 gallons of an aqueous waste
         that contains 10% of the chemical. Further, it is assumed that the physical properties of the
         solution are similar to water.  The solution is pumped from the drums directly into a mixing
         vessel and the "empty" drums are triple-rinsed with an aqueous cleaning solution. The rinse
         water is indirectly discharged to an on-site wastewater treatment system and the cleaned
         drums are returned to the supplier.

         In this example, it can be assumed that all of the residual solution in the drums was
         transferred to the rinse water. Therefore, the quantity transferred to the drum reclaimer
         should be reported as "zero."

         The quantity of residual solution that is transferred to the rinse water can be estimated by
         multiplying the mean weight percent of residual water from pumping a steel drum by the
         weight of solution in the drum (density of solution multiplied by drum volume). If the density
         is not known, it may be appropriate to use the density of water (8.34 pounds per gallon):

                (2.29%*) (8.34 pounds/gallon) (55  gallons/drum) (1,000 drums) = 10,504 pounds
                solution

         The concentration of the EPCRA Section 313 chemical in the solution is only 10%.

                (10,504 pounds solution) (10%) = 1,050 pounds

         Therefore, 1,050 pounds of the chemical are transferred to the on-site wastewater treatment
         system

         *Mean value taken from Table 4-1
       h.      On-Site Waste Treatment (Part II, Section 7A of Form R)  All on-site waste
               treatment of reported EPCRA Section 313 chemicals.  The information reported in
               Section 7A focuses on the treatment of the waste stream.  The information includes;
               type of waste stream (gaseous, aqueous or non-aqueous liquid, or solid); treatment
               methods  or sequence; influent concentrations of the EPCRA Section 313 chemical;
               treatment efficiency of each method or sequence; and whether efficiency data are
               based on actual operating data.  Metal compounds in waste subjected to a
               combustion process are not destroyed but should still be reported as going through
               the treatment process, with a treatment efficiency of zero.
                                              4-10

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                     Example - On-Site Waste Treatment

A process at the facility generates a wastewater stream containing an EPCRA Section 313
chemical (chemical A). A second process generates a wastewater stream containing two
EPCRA Section 313 chemicals, a metal (chemical B) and a mineral acid (chemical C).
Thresholds for all three EPCRA Section 313 chemicals have been exceeded and you are in
the process of completing separate Form Rs for each chemical.

All wastewater streams are combined and sent to an on-site wastewater treatment system
before being released to a POTW. This system consists of an oil/water separator which
removes 99% of chemical A; a neutralization tank where the pH is adjusted to 7.5, thereby
destroying 100% of the mineral acid (chemical C), and a settling tank where 95% of the
metal (chemical B) is removed from the water (and eventually landfilled off site).

Section 7A should be completed slightly differently for each chemical for which a Form R
must be filed. The table accompanying this example shows how Section 7A should be
completed for each chemical. First, on each Form R you should identify the type of waste
stream in Section 7A. la as wastewater (aqueous waste, code W). Next, on each Form R you
should list the code for each of the treatment steps that are applied to the entire waste
stream, regardless of whether the operation affects the chemical for which you are
completing the Form R (for instance, the first four blocks of Section 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

W


7A.lb

3. Pll
6.

1. P19 2. Cll

4. NA 5.
7. 8.

7A.lc

1


7A.ld

99 %


7A.le

Yes No
X
_
                                    Chemical B
7A.la

W


7A.lb

3. Pll
6.

1. P19 2. Cll

4. NA 5.
7. 8.

7A.lc

1


7A.ld

95 %


7A.le

Yes No
X
_
                                       4-11

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                        Example - On-Site Waste Treatment (cont.)

                                          Chemical C
             7A.la
              W
7A.lb
  NA
1.   P19
4.
2.   Cll
                       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.

              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
              JThe subsection 8.1 through 8.8 designation are those for the 1997 Form R. Please refer to the
current reporting year's TRI Forms and Instructions for any changes.
                                            4-12

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relationship between Sections 5, 6, and 8.8 to Sections 8.1, 8.3, 8.5, and 8.7 are
provided in equation forms below.

k(l).   Quantity Released (Part II, Section 8.1 of Form R) - The quantity
       reported in Section 8.1 is the quantity reported in all of Section 5 plus the
       quantity of metals and metal compounds reported as discharged off site to
       POTWs in Section 6.1 plus the quantity reported as sent off site for disposal
       in Section 6.2 minus the quantity reported in Section 8.8 that was released
       on-site or transferred off-site for disposal:

       Section 8.1 = Section 5 +  Section 6.1 (metals and metal compounds) +
       Section 6.2 (disposal) - Section 8.8 (release or off-site disposal only)

k(2).   Quantity Used for Energy Recovery On-Site (Part II, Section 8.2 of
       Form R) - Estimate  a quantity of the EPCRA Section 313 chemical in
       wastes combusted for energy recovery on-site.  This estimate should be the
       quantity of the chemical combusted in the process for which codes were
       reported in Section 7B (unless the 7B code is related to a Section 8.8
       activity). Test data from trial burns or other monitoring data may be used
       to estimate the quantity of the EPCRA Section 313 chemical combusted for
       energy recovery purposes. If monitoring data are not available, vendor
       specifications regarding combustion efficiency may be used as they relate to
       the reportable EPCRA Section 313 chemical.  A quantity should be reported
       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
       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
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       reported in Section 8.8, subtract any associated off-site transfers for energy
       recovery:

       Section 8.3 = Section 6.2 (energy recovery) - Section 8.8 (off-site energy
       recovery)

       Combustion for energy recovery is interpreted by EPA to include the
       combustion of an EPCRA Section 313 chemical that is (1) (a) a RCRA
       hazardous waste or waste fuel, (b) a constituent of a RCRA hazardous
       waste or waste fuel, or (c) a spent or contaminated "otherwise used"
       material; and that (2) has a significant heating value and is combusted in an
       energy or materials recovery device. Energy or materials recovery devices
       are boilers and industrial furnaces as defined in 40 CFR 372.3 (see 62 FR
       23891, May 1, 1997).  If a reported EPCRA Section 313 chemical is
       incinerated but does not contribute energy to the process (e.g., metal, metal
       compounds, and chlorofluorocarbons), it must be considered treatment for
       destruction. In determining whether an EPCRA Section 313 listed chemical
       is combusted for energy recovery, the facility should consider the heating
       value of the EPCRA Section 313 chemical and not of the chemical stream.
       Note that "NA" should be reported for EPCRA Section 313 chemicals
       which are halogens, CFCs, halons, and metals.

k(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:

       §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
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       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:

       (1)   Remedial actions;
       (2)   Catastrophic events  such as earthquakes, fires, or floods; or
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                    (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 chemical distribution facilities were required to collect data for EPCRA
                    Section 313 reporting, you may enter "NA" in column A  for Form Rs for
                    RY 1998 only.  In Section 8.9, you are required to provide a production
                    ratio or activity index to reflect either the ratio of current year's production
                    to prior year's production or an index of the current year's activity to prior
                    year's activity with respect to the reportable EPCRA Section 313 chemical.
                    Because you were not required to collect data prior to 1998, recently added
                    facilities as a result of the industry expansion rulemaking may also enter
                    "NA" in Section 8.9 for Form Rs for RY 1998 only.
                          POSSIBLE ERROR - Double Counting

Releases and other waste management activities should not be inadvertently "double counted." A single
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.
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4.1.4  Step 4:  Determine the Most Appropriate Method(s) to Develop the Estimates for
       Releases and Other Waste Management Activity Quantities and Calculate the
       Estimates

       After you have identified all of the potential sources for release and other waste
management activity types, you must next estimate the quantities of each reportable chemical
released and otherwise managed as waste. EPA has identified four basic methods that may be used
to develop estimates (each estimate has been assigned a code that must be identified when
reporting).  The methods and corresponding codes are:

       •      Monitoring Data or Direct Measurement (M);
       •      Mass Balance (C);
       •      Emission Factors (E); and,
       •      Engineering Calculations (O).

       Descriptions of these techniques are provided in Estimating Releases and Waste Treatment
Efficiencies for the Toxic  Chemical Release Inventory Form. They are also briefly described
below. EPA does not require you to conduct additional sampling or testing for Section 313
reporting; however, you are required to use the best readily available information or prepare
reasonable estimates. For example, emission factors or engineering calculations may not be the
best readily available information 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.
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                                         Table 4-2
Potential Data Sources for Release and Other Waste Management Calculations
                                      DATA SOURCES
 Monitoring Data (M)
 •   Stack monitoring data
 •   Outfall monitoring data
 •   Air permits
 •   Industrial hygiene monitoring data
 •   NPDES permits
 •   POTW pretreatment standards
 •   Effluent limitations
 •   RCRA permit
 •   Hazardous waste analysis
 •   pH for acids
 •   Continuous emission monitoring
 Emission Factors (E)
Mass Balance (C)
•   Supply records
•   Hazardous material inventory
•   Air emissions inventory
•   Pollution prevention reports
•   Hazardous waste manifests
•   Spill event records
     AP-42 or other EPA emission factors
     Published facility or trade association chemical-
     specific emission factors
Engineering Calculations (O)
•  Volatilization rates
•  Raoult's Law
•  Henry's Law
•  Solubilities
•  Non-published emission factors
•  Facility or trade association non chemical specific
   emission factors (e.g., SOCMI factors)
       Once estimation methods have been determined for all potential sources, releases and other
waste management activities, an estimate for each reportable EPCRA Section 313 chemical can be
developed corresponding to the data elements on Form R.

4.1.4.1 Monitoring Data or Direct Measurement (code M)

       Using monitoring data or direct measurements is usually the best method for developing
estimates for chemical releases and other waste management activity quantities estimates. Your
facility may be required to perform monitoring under provisions of the Clean Air Act (CAA),
Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), or other regulations.
If so, these data should be available for developing estimates. Data may have also been collected
for your facility through an occupational health and safety assessment.  If only a small amount of
direct measurement data are available or if you believe the monitoring data are not representative,
you must determine if another estimation method would give a more accurate result.
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                                 Example - Monitoring Data

 Data from the on-site wastewater treatment facility indicate that the annual average concentration of benzene in
 the 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 benzene transferred off site to the POTW
 (for Section 6.1 of the Form R) is estimated as follows:

 Amount of benzene transferred

 = (2 mg/L) *   	i	1 *   ———I  *	1  *  (1,500,000 gal/yr)
              ( 1,000  mgj   ( 453.59 gj    (  0.2642 galj
 = 25 Ibs/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 O

       A mass balance involves determining the amount of an EPCRA Section 313 chemical
entering and leaving an operation.  The mass balance is written as follows:
where:
                            Input + Generation = Output + Consumption
              Input refers to the materials (chemicals) entering an operation.  For example,
              chlorine added to process water as a disinfectant would be considered an input to
              the water treatment operation.

              Generation identifies those chemicals that are created during an operation
              (manufactured, including coincidental manufacturing). For example, additional
              ammonia,  sodium nitrite, or nitrate compounds may be coincidentally manufactured
              in biological wastewater treatment systems.

              Output means any avenue by which the EPCRA Section 313 chemical leaves the
              operation.  Output may include on-site releases and other on-site waste
              management activities; transfers for treatment, disposal, energy recovery, or
              recycling;  or the amount of chemical that leaves with the final product.
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               Consumption refers to the amount of chemical that is converted to another
               substance during the operation (i.e., reacted).  For example, phosphoric acid would
               be consumed by neutralization during wastewater treatment.
       The mass balance technique may be used for manufactured, processed, or otherwise used
chemicals.  It is typically useful for chemicals that are "otherwise used" and do not become part of
the final product, such as catalysts, solvents, acids, and bases. For large inputs and outputs, a mass
balance may not be the best estimation method, because slight uncertainties in mass calculations
can yield significant errors in the release and other waste management estimates.
                  Example - Estimating Releases to Air Using Mass Balance

 A facility uses an EPCRA Section 313 chemical as a refrigerant in condensers to control air emissions and adds
 20,000 pounds to the refrigeration system in 1998 (to make up for system losses). The chemical is released to the
 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)
website: http://www.epa.gov/ttn/chief/ap42.html.

        It should be noted that, for purposes of  EPCRA Section 313 reporting, the only estimates
that can be reported  as "emission factors (code E)" are published chemical-specific emission
factors.
                                  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

 NOTE: There are other EPCRA Section 313 chemicals in No.  6 fuel oil and these should be considered for
 EPCRA Section 313 reporting.
                           Example - Using AP-42 for Air Emissions

 For estimating air emissions of specific EPCRA Section 313 chemicals from floating roof tanks that contain
 mixtures, how does one calculate the average vapor molecular weight and true vapor pressure to use in
 AP-42 equations? Does one calculate emissions for the mixture then adjust by weight percentage later or
 vice versa?

 Calculate emissions of the mixture then adjust for concentration. Convert chemical fractions from weight to
 mole, calculate the mixture's true vapor pressure, calculate the chemical's gas mole fraction, calculate the average
 vapor molecular weight, and use storage tank equations to calculate mixture emissions. Then calculate the
 gaseous weight fraction and multiply by total mixture emissions to get each EPCRA Section 313 chemical's
 emissions. Facilities may choose to refer to EPA's technical guidance entitled "Estimating Releases and Waste
 Treatment Efficiencies" (EPA 560/4-88-002).
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               Example - Estimating Air Emissions from Storage Containers

 How does a facility owner/operator estimate fugitive or working losses from drums contained in a
 warehouse or storage facility?

 Fugitive emissions from drams in storage at a covered facility may include emissions from opening and emptying
 the drams.  The facility may consider each dram as a small tank and estimate the amount of EPCRA Section 313
 chemical contained in the vapor space using methods such as partial pressure determinations found in EPA's
 technical guidance document, Estimating Releases and Waste Treatment Efficiencies on the Form R.
4.1.4.4 Engineering Calculations (code O)

       Engineering calculations are assumptions and/or judgements used to estimate quantities of
EPCRA Section 313 chemicals released or otherwise managed.  The quantities are estimated by
using physical and chemical properties and relationships (e.g., ideal gas law, Raoult's law) or by
modifying an emission factor to reflect the chemical properties of the EPCRA Section 313
chemical in question.  Engineering calculations rely on the process parameters; you must have a
thorough knowledge of the processes at your facility to complete these calculations.

       Engineering calculations can  also include computer models.  Several computer models are
available for estimating emissions from landfills, wastewater treatment, water treatment, and other
processes.

       Non-chemical-specific emission factors (e.g.,  SOCMI emission factors) and non-published
emission factors also can be used as discussed  in Section 4.1.4.3, but must be classified  as
"engineering calculations" for EPCRA Section 313 reporting.
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                             Example - Engineering Calculations

 Stack monitoring data are available for xylene but you have exceeded a threshold for toluene and must determine
 amount released or otherwise managed. Toluene is used in the same application as xylene at your facility. You
 can estimate the emissions of toluene by adjusting the monitoring data of xylene by a ratio of the vapor pressure
 for xylene to toluene. This example is an engineering calculation based on physical properties and process
 operation information:

 From facility stack monitoring data, an estimated 200 Ibs. of xylene is released as air emissions during the
 reporting year.  Toluene is also present in the air emissions, but not monitored. The stack operates at
 approximately 125NC. Based on literature data, the vapor pressures at 125NC for toluene is 1.44 atmospheres and
 for xylene is 0.93 atmospheres. Using a ratio of the vapor pressures, the amount of toluene released as air
 emissions from the stack can be calculated:

         X Ibs/yr toluene =       1.44 atm (vapor pressure of toluene)
         200 Ibs/yr xylene         0.93 atm (vapor pressure of xylene)

         X Ibs/yr toluene =       (200 Ibs/yr xylene) x (1.44 atm toluene)
                                       (0.93 atm xylene)

 Completing the calculation, the facility determines that 310 pounds of toluene were released as stack air
 emissions during the reporting year.
4.1.4.5 Estimating Releases and Other Waste Management Quantities

       Once all sources, types, and appropriate estimation methodologies have been identified,
you can estimate the release and other waste management activity quantities for each data element
of the Form R.  The recommended approach is that you estimate the amounts released from all
sources at your facility by the data element on the form R (i.e., first estimate all fugitive emissions
for a  Section 313 chemical (Part II, Section 5.1), then estimate all stack air releases for a 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 prepare resins with Methanol. In
February, you rosin with 500 pounds of methanol which you process completely within the month.
In September, you receive resin with 600 pounds of methanol which you also process in a similar
time frame.  If you have no other sources of methanol on-site, your maximum amount estimation
would be 600 pounds (range code 02).
                    Example - Maximum Amount On-Site for Landfills

 How do facilities that operate landfills report the maximum amount of a chemical on-site? Does this data
 element take into account amounts of a chemical that have been disposed of in prior years.

 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, chemical
distribution facilities may only  enter "NA" in the  production ratio or activity index data element if
the EPCRA Section 313 chemical was not manufactured, processed, or otherwise used in the year
prior to the reporting year for which a Form R is being submitted.

       You may choose either the production ratio or activity index depending on the chemical
and how the chemical is used at your facility.  The major factor in selecting whether to use a
production ratio or activity index is typically a measure of which activity threshold applies.
Typically, production ratio would apply to EPCRA Section 313 chemicals manufactured and
processed by a facility, while otherwise use activities would be best measured using an activity
index. A key consideration in developing a methodology for determining a production

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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 EPCRA Section 313
chemical or material usage.

       For example, suppose you as an EPCRA Section 313 chemical as a cleaning solvent to
perform tank washouts. Using a production ration based on the amount of the product produced
in the tanks between the prior and current reporting years may seem logical but may take into
consideration potential source reduction activities.  As a result, an activity index may ne 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 that amount of solvent managed as a
waste than would a production ratio based on the amount of product produced in the tanks.
                                  Example - Activity Index

 A facility accepts synthetic rubber resins with 10% benzene for repackaging and distribution to customers.  In the
 previous year, the facility repackaged 300,000 pounds of the product. For the current reporting year, the facility
 received 200,000 pounds of the product. One method that the facility may use to generate the activity index
 would be to divide 200,000 pounds from this year by 300,000 pounds from last year.

                            200,000 Ibs resin (current reporting year)
                           300,000 Ibs resin (previous reporting year)

                                      Activity Index = 0.67
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 Chemical
       Distribution Facilities

       This section discusses the most common releases and other waste management activities at
chemical distribution facilities and gives guidance for estimating these quantities. The discussion is
organized by release or other waste management type, as follows:

       •      Fugitive Air Emissions
       •      Stack or Point Source Air Emissions
       •      Water Discharges
       •      Releases to Land
       •      On-site Waste Management
       •      Transfers Off-site
       •      Pollution Prevention Data

       Facilities must report all releases and other waste management activities of any EPCRA
Section 313 chemicals that exceed activity thresholds at the facility. While this chapter is designed
primarily for chemical  distribution facilities, the release  and other waste management reporting
issues may be relevant to all potentially reporting facilities. In particular, facilities that store,
formulate, and transfer large volumes of product will find the estimation techniques discussed in
this chapter (e.g., methods of calculating air releases) useful.

       Chemical distribution facilities in SIC code 5169 are involved in warehousing, storage, and
refrigeration of products such as acids,  industrial and heavy chemicals, dyestuffs, industrial salts,
rosin, and turpentines.  These facilities  are also engaged in the blending and repackaging of bulk or
packaged materials prior to further distribution in commerce.

       As mentioned earlier in the chapter, process flow diagrams are a very useful way for
facilities to identify all sources of releases and other waste management activities. Figure 4-3
illustrates common operations and releases and other waste management outputs at chemical
distribution facilities.  Products enter the facility in bulk quantities via rail car or truck, depending
on the location of the facility. While on site, products are either stored, reformulated, or
repackaged, then loaded onto trucks or rail cars to be distributed in commerce. While Figure 4-3
is not meant to represent all  chemical distribution facilities, it can be used as a starting point for
creating a facility-specific process flow diagram.
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                                                 Waste-water
                                                  Treatment
                                                    Plant
                            Off-Site Waste Management
                                                                          Products
  Publicly
   Owned
  Treatment
\Vorks and/or
 Water Body
                                                              1 • Fugitive Emissions

                                                              11111 Stack Emissions
Figure 4-3 Chemical Distribution Process Flow Diagram
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4.2.1  Fugitive Air Emissions, Section 5.1 of
       FormR
       Fugitive air emissions can occur from a
number of sources. The primary fugitive
emissions sources forEPCRA Section 313
chemicals at chemical distribution facilities are
likely to be:

       •      Loading/unloading and transfer of
              products, including normal
              leakage of valves, pumps, seals,
              flanges, and connectors,
              containing EPCRA Section 313
              chemicals;
       •      Formulating, blending, sampling,
              and packaging of products
              containing EPCRA Section 313 chemicals;
       •      Wastewater treatment and other sources, including tank cleaning operations,
              blowing out pipes, storage piles, drum residues, and spills, containing EPCRA
              Section 313 chemicals.
 Fugitive Emissions and the De minimis
               Exemption

EPCRA Section 313 chemicals in fuel, along with
other mixtures or other trade name products, that
are processed or otherwise used are eligible for the
de minimis exemption.

Facilities must consider fugitive emissions of
coincidentally manufactured chemicals, that occur
during transportation, handling, disposal, or other
activities, regardless of concentration, because the
de minimis exemption generally does not apply to
the manufacture of EPCRA Section 313
chemicals.
       Loading and unloading and transfer
of products.  Loading losses occur as organic
vapors in "empty" cargo tanks are displaced to
the atmosphere by the liquid being loaded into
the tanks. These vapors are composed of vapors
formed in the empty tank by evaporation of
residual product from previous loads, vapors
transferred to the tank as product is being
unloaded, and vapors generated in the tank as
the new product is being loaded.  The quantity of
evaporative losses from loading operations
depends on parameters such as the physical and
chemical characteristics of the previous and new
cargo and the method of loading and unloading.
       The use of vapor recovery equipment can reduce loading emissions. Vapor recovery
equipment captures organic vapors that are displaced during loading operations and either pipes
the recovered product to a storage unit or to a thermal oxidation unit where the vapor is
combusted. Chapter Five, Section Two,  of Compilation of Air Pollutant Emission Factors (AP-
42) and Section Three of Estimating Releases and Waste Treatment Efficiencies For the  Toxic
Chemical Release Inventory Form (EPA 560/4-88-002, December 1987) provide detailed
information on the calculation of total VOC vapor emissions during the transportation and
Releases

Trucks and rail cars physically enter a facility.
While loading for transport, emissions of EPCRA
Section 313 chemicals may occur. Are these
emissions subject to reporting under EPCRA
Section 313?

Yes, because the loading and the releases occur
within the facility boundary, the releases must be
reported if the facility meets activity threshold for
the EPCRA Section 313 chemical, employee,  and
SIC code criteria.
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marketing of petroleum liquids, which should be useful for similar activities performed by
chemical distributors.

       Fugitive emissions may occur during the loading, unloading, formulation, and transfer of
products containing EPCRA Section 313 chemicals. Concentrations of EPCRA Section 313
chemicals in these products will greatly affect the need to determine if fugitive emissions will have
to be calculated for handling activities during the facility's management of these products. EPA's
Protocol For Equipment Leak Emission Estimates (EPA-453/R-95-017) presents a
comprehensive discussion of how to estimate equipment leaks, such as those from valves, seals,
and connectors in fuel handling equipment.  This document is available at
http://www.epa.gov/ttnchiel/fyi.html.  The following four approaches for estimating equipment
leak emissions, in order of increasing refinement, are presented within the  document:

       •      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.  Also, it is important to recognize in  calculating estimates
for these sources, you may have already calculated these estimates as a result of separate
requirements under the Clean Air Act, particularly the Title V requirements.

       In the average emission factor approach and the screening ranges approach, emission
factors are combined with equipment counts to estimate emissions.  EPA has also developed
emission factors for the synthetic organic chemical manufacturing industry (SOCMI), refineries,
oil and gas production units, and petroleum marketing terminals. The SOCMI  emission factors
are presented in Table 4-4. These average factors must be multiplied by the number of pieces of
equipment being considered and the length of time each piece of equipment is in service. The
average emission factors vary depending on the service category (e.g., gas,  light liquid, or heavy
liquid),  and the total organic compound (TOC) concentration of the stream. To estimate
emissions with the EPA correlation approach, measured concentrations (screening values) for all
equipment are individually entered into general correlations developed by the EPA. In the unit-
specific correlation approach, screening and leak rate data are measured for a select set of
individual equipment components and used to develop unit-specific correlations. Screening
values for all components are then entered into these unit-specific correlations to estimate
emissions.
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                                       Table 4-4
                      SOCMI AVERAGE EMISSION FACTORS*
Equipment type
Valves
Pump sealsb
Compressor seals
Pressure relief valves
Connectors
Open-ended lines
Sampling connections
Service
Gas
Light liquid
Heavy liquid
Light liquid
Heavy liquid
Gas
Gas
All
All
All
Emission 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:
                                      = F*WF*N
                                                TOC
where:
       ETOC  =  emission range of TOC from all equipment in the stream of a given equipment
                    type (Ib/hr)
       FA    =  average emission factor for the equipment type (Ib/hr/source)
       WFTOC =  average weight fraction of TOC in the stream
       N     =  number of pieces of equipment

       And the equation for determining the emissions of a specific VOC in a mixture or other
trade name product from equipment is:
                                   X = ETOC*(WPX/WPTOC)
where:
       E
       WPX  =
       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.
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                          Calculation of Equipment Leak Emissions

    At a chemical distribution facility, product passes through a system containing 100 connectors from the
    storage tank area to the loading/unloading area.  The product contains 85 weight percent TOC. The
    product is in contact with the connectors in the system for 8,000 hours during the year.  The weight
    percent of toluene in the waste is 5.6% based on the facility's data. The emissions of TOC would be
    calculated as:
    ETOC           = FA * WFTOC * N * (Number of hours in contact during the year)
                          = (0.00403 Ib/hr/connector) (0.85) (100) (8000 hrs/year)
                          = 2,740 Ib/year of TOC from connectors

    The emissions of toluene from the connectors would be calculated as:

    Ex             = ETOC * (WPX/WPTOC)
                          = 2,740 Ib/year * (0.056/0.85)
                          = 181 Ib/year of toluene from connectors
       This average emission factor approach is presented as an option for facilities with no data
concerning equipment leaks. As with all estimates derived for compliance with EPCRA Section
313, it is the facility's responsibility to choose the best method for estimating releases from
equipment leaks.
       Formulation of
products. Facilities may
generate fugitive emissions
during the blending and mixing
(i.e., formulation) of products
with additives and catalysts prior
to further distribution in
commerce. These formulation
operations in most chemical
distribution facilities consist of
enclosed systems that are vented
through control devices.
Therefore, the fugitive paniculate
matter emissions from these
systems are anticipated to be minimal.  You
should review readily available data at your
facility to identify what fugitive emissions may
occur and to what extent those emissions can
be quantified. For example, you may have
permit requirements in regards to particulate
matter emissions and, as  part of these permits,
may have facility-specific or other emission
factors  for particulate matter released.
             Potential Errors - Reporting

The most common reporting error in catalyst usage is basing the
threshold determination on the total amount of the chemical in the
processing system.  Similar to refrigerant chemicals, the
throughput to be used for a threshold determination is only the
amount of new chemical added to the system during the year.
Therefore, the processing system may contain more than 10,000
pounds of catalyst, but an EPCRA Section 313 report is not
required unless more than 10,000 pounds of new catalyst is added
to the system during the year. The quantities of catalyst added
during the year can best be determined from purchase and
inventory records.
                             Reporting

             Another common reporting error in this
             application is failure to account for minor fugitive
             air releases during storage and transfer of volatile
             EPCRA Sectio 313 chemicals such as ethylene
             oxide, chlorine, or ammonia before their use as
             reactants.
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Estimates for fugitive emissions may be derived by combining these data with data on the
measured or default concentrations of constituents in the products and additives, along with
annual throughput data.  In particular, it may be useful to review your permit applications, which
may contain more detailed analyses of the potential for fugitive air emissions related to blending
and mixing activities and, in some cases, may contain actual monitoring data or facility-derived
emission factors. Facilities that do not have such data may use other sources, including
engineering judgement to estimate fugitive emissions.  When developing these estimates, keep in
mind that for estimates below 1,000 pounds, facilities can use the range codes provided in the TRI
Forms and Instructions for reporting information in Sections 5 and 6  of the Form R.

       EPA is also in the process of working with representatives from the chemical distribution
industry to create look-up tables to further assist those  facilities with limited information to
develop emission estimates for chemicals most commonly managed by chemical distribution
facilities.  These tables will provide instructions for estimating fugitive and stack emissions using
inputs such as tank size, throughput amount, and location of facility.  EPA anticipates that these
look up tables will be available by February 1999 in time to assist these facilities in developing
reports due by July 1, 1999. These look up tables will available from EPA's Internet site
http://www.epa.gov/opptintr/tri, or facilities may order this document from the EPCRA Hotline at
(800) 424-9346.
       Wastewater Treatment
and other sources.  Fugitive air
emissions of volatile EPCRA
Section 313 chemicals from
wastewater treatment units could
be estimated using one of several
programs. Volatile chemicals can
evaporate from solid waste (e.g.,
sludge) and non-volatile chemicals
can be released to the air via
particulate emissions. One tool that
can be used to estimate emissions
in these situations is CHEMDAT8
(See box.) Other programs are
available commercially.
CHEMDAT8

Analytical models have been developed to estimate emissions of
organic compounds via various pathways from wastewater and
waste management units. Some of these models have been
assembled into a spreadsheet 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 can be downloaded from the
world wide web at
http ://www. epa.gov/ttn/chief/software. html#water8.
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        Transfer and treatment operations
will result in fugitive air emissions, but
waste previously disposed of in landfills or
surface impoundments will also generate
emissions. These emissions need to be
considered in your release calculations as
well during the year that they were
disposed. These emissions will be
dependent on the types and quantities of
wastes placed in the landfill or surface
impoundments  as well as the design and
operating practices of the landfill.

        Other Sources - Equipment,
Storage, Spills, Leaks, Cleaning, etc.
Fugitive air releases of EPCRA Section 313 chemicals can occur from equipment in use, leaks in
valves and fittings, losses during cylinder changeovers, tank cleanings, blowing out pipes,
loading/unloading spills, overfills of storage tanks, and periodic process-related cleaning
operations.  For small quantities of EPCRA Section 313  chemicals otherwise used, engineering
judgment can be used to estimate fugitive releases (e.g.,  based on the volume of the storage tank
and the number of changeovers).  If significant quantities of chemicals are handled, fugitive
releases can be  estimated using the emission factors discussed previously in regards to the use of
products.
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.
                            Releases From Transportation Vehicles
 A facility is responsible for reporting releases and other waste management activities for an EPCRA Section 313
 chemical that occur during loading or unloading of a transportation vehicle provided an activity threshold has
 been exceeded for that chemical.  Releases of an EPCRA Section 313 chemical from a transportation vehicle that
 occur while the material is still under "active shipping papers" is considered to be in transportation and is not
 subject to EPCRA Section 313 requirements (EPCRA Section 327). For example, a facility shipping gasoline
 containing toluene for further distribution in commerce is not responsible for reporting releases once the
 shipping papers have been signed. The facility is responsible for reporting releases of EPCRA Section 313
 chemicals, including those that occur during storage of the chemicals in the transportation vehicle while the
 vehicle is on property owned or operated by the facility, up until the point that the shipping papers have been
 signed.
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4.2.2  Stack or Point Source Air Emissions, Section 5.2 of Form R

       Stack emissions of EPCRA Section 313 chemicals occur primarily from storage tanks,
which is discussed below.
       Storage Tanks.  Chemical
distribution facilities should consider
point source air emissions from tanks that
store materials containing volatile
chemicals such as toluene, xylene, and
ethylbenzene.  AP-42 provides detailed
information on the calculation of air
emissions during the storage and transfer
of liquids.  A number of equations used to
calculate air emissions from storage tanks
can be found in AP-42, Chapter 7.  Total
emissions from storage tanks are equal to
the sum of the standing storage loss and
working loss.  Variables such as tank
design, liquid temperature,  and wind
velocity are taken into account when
determining standing storage loss and
working loss.  The emission equations for
fixed-roof tanks in AP-42 were developed
for vertical tanks; however, the equations can also be used for horizontal tanks by modifying the
tank parameters as specified in AP-42. Many of these equations have been incorporated into
computer models such as TANKS 3 (See box on Storage Tanks for more information).
       Use of AP-42 Emission Factors

The general equation for emission estimation is:
              E = AxEFx(l-ER/100)
where:
              E  = emissions,
              A  = activity rate,
              EF = emission factor, and
              ER= overall emission reduction
              efficiency,  %.

ER is further defined as the product of the control
device destruction or removal efficiency and the capture
efficiency of the control system. When estimating
emissions for a long time period (e. g., one year), both
the device and the capture efficiency terms should
account for upset periods as well as routine operations.
Note that some emission factors already incorporate a
removal efficiency term.
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                              Air Emissions From Storage Tanks

      The TANKS 3 program is designed to estimate emissions of organic chemicals from several types of
      storage tanks.  The calculations are performed according to EPA's AP-42, Chapter 7. 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 TANKS 3 program relies on a chemical database of over 100 organic liquids and a
      meteorological database which includes over 250 cities in the United States; users may add new
      chemicals and cities to these databases by providing specific information through system utilities.
      On-line help provides documentation and user assistance for each screen of the program. The
      TANKS 3 program and manual can be downloaded from the world wide web at
      http://www.epa.gov/ttn/chief/tanks.html.
           Once the total volatile organic compound (VOC) loss is calculated, you can then
determine the emission rate of each constituent in the vapor. In general, the emission rate for
individual components can be estimated by multiplying the weight fraction of the constituent in the
vapor by the amount of total VOC loss. The weight fraction of the constituent in the vapor can be
calculated using the mole fraction and the vapor pressure of the constituent (equations found in
AP-42). The weight percent can also be obtained from the  SPECIATE database.
                                         Air Emissions

 For estimating air emissions of specific chemicals from floating roof tanks that contain mixtures, how does one
 calculate the average vapor molecular weight and true vapor pressure to use in AP-42 equations? Does one
 calculate emissions for the mixture then adjust by weight percentage later or vice versa?

 Calculate emissions of the mixture then adjust for concentration. Convert chemical fractions from weight to
 mole, calculate the mixture's true vapor pressure, calculate the chemical's gas mole fraction, calculate the average
 vapor molecular weight, and use storage tank equations to calculate mixture emissions. Then calculate the
 gaseous weight fraction and multiply by total mixture emissions to get each chemical's emissions. Facilities may
 choose to refer to EPA's technical guidance entitled "Estimating Releases and Waste Treatment Efficiencies"
 (EPA 560/4-88-002)
The SPECIATE data base contains organic compound and particulate matter speciation profiles
for more than 300 source types.  The profiles attempt to break down the total VOC or particulate
emissions from a particular source into the individual compounds.  The SPECIATE database can
be downloaded from the world wide web at http://www.epa.gov/ttn/chief/software.htm^speciate^
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4.2.3  Discharges to Receiving Streams or Water Bodies, Section 5.3 of Form R; and
       Discharges to Publicly Owned Treatment Works (POTWs), Section 6.1 of Form R
        Wastewaters discharged include process wastewater and storm water. Each is discussed
below.
       Process Wastewater. Facilities may discharge wastewater resulting from various on-site
operations. The main source of process wastewater is usually storage tank clean-out and pipe
blowout water. During cleaning operations, the tanks are drained down and the pipes are blown
out to remove and recover product.  Residue from this operation consists of a liquid and a solid
phase.  The liquid is primarily wastewater with small  amounts of product. The wastewater from
the tanks and the pipes is either drained and discharged or is directed to a tank for subsequent fuel
recovery.  In addition, Section 313 chemicals in wastewater discharges related to spills also should
be reported.

       A facility that discharges or has the potential to discharge water containing regulated
wastes must operate under the terms of Federal, State, and/or local permits, such as a NPDES
direct discharge permit, or a POTW indirect discharge agreement.  The permit(s) or agreement
usually require measurements of the water volume and monitoring of some generalized wastewater
parameters including concentrations of various constituents. In some cases, the constituent
analyses required for permit compliance includes EPCRA Section 313 chemicals.  In other cases,
facilities may have conducted more detailed analysis of specific constituents in its wastewaters as
part of its NPDES or POTW discharge applications.  In these instances, releases can be  calculated
by multiplying the volume of wastewater released by the concentration of the chemical released.
See box for an example calculation.
       Based on the concentration
and wastewater flow data available,
an estimate of discharges to water
can be calculated. Facilities should
calculate the daily average
discharges of a reportable EPCRA
Section 313 chemical in pounds and
use those estimates to determine the
annual 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
    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
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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 acid (acid aerosols) and sulfuric
acid (acid aerosols), which are only reportable in the 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).

       No releases to water of chlorine are typically expected. Chlorine reacts very quickly with
water to form HOC1, Cl", and FT.  Although this is an equilibrium reaction; at a pH above 4, the
equilibrium shifts almost completely toward formation of these products.  Therefore, essentially
zero releases of chlorine to water are
expected to occur under normal
circumstances.
                                         Reminder: Reporting of Aqueous Ammonia

                                      Facilities may use ammonia or ammoniated cleaners. When
       Storm Water Kuiiott.  Storm    reporting releases and other waste management activities of
                                      ammonia, remember to report only 10 percent of the total
                                      amount of ammonia if released or managed in aqueous form.
water runoff at chemical distribution
facilities may contain EPCRA Section
313 chemicals washed from materials
such as products or other raw
materials, waste, and land features. You must report the amount of non-exempt EPCRA Section
313 chemicals in storm water runoff (including unchanneled runoff) if you monitor for  releases
of reportable EPCRA Section 313 chemicals.  If you do not have periodic measurements of storm
water releases, but have chemical-specific monitoring data on the reportable EPCRA Section 313
chemicals, you must use these data to calculate the quantity discharged and the percent
contribution from storm water to the overall water discharge estimate. See the current TRI Forms
and Instructions document for guidance on calculating storm water runoff.
                                           4-39

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                                     Example - Storm Water Runoff

        A facility is located in a semi-arid region of the United States which has annual precipitation (including
snowfall) of 12 inches of rain.  (Snowfall should be converted to the equivalent inches of rain; assume one foot
of snow is equivalent to one inch of rain.) The total area covered by the facility is 42 acres (about 170,000
square meters or 1,829,520 square feet) of which 50 percent is unimproved area,  10 percent is asphaltic streets,
and 40 percent is concrete pavement.

            The total Storm water runoff from the facility is therefore calculated as follows:

                Land Use                          % Total Area                  Runoff Coefficient
                Unimproved area                         50                              0.21
                Asphaltic streets                          10                             0.85
                Concrete pavement                       40                             0.90

        Weighted runoff coefficient = (50%) x (0.20) + (10%) x (0.85) + (40%) x (0.90) = 0.545

        (Rainfall) x (land area) x (conversion factor) x (runoff coefficient) = Storm water runoff

            (1 foot) x (1,829,520 ft2) x (7.48 gal/ft3) x (0.545) = 7,458,220 gallons/year

        Total storm water runoff = 7.46 million gallons/year

        The storm water monitoring data shows that the average concentration of toluene in the storm water
runoff from a facility is 1.0 milligrams per liter. The total amount of toluene discharged to surface water through
the plant wastewater discharge (non-storm water) is 250 pounds per year. The total amount of toluene
discharged with storm water is:

            (7,458,220 gallons storm water) x (3.785 liters/gallon) = 28,229,360 liters storm water

        (28,229,360 liters storm water) x (1 mg. toluene/liter) x (1 x 10"6) = 28.2 kg toluene= 62 pounds
toluene.

        The total amount of toluene discharged from all sources at this facility is:

                        250 pounds toluene from wastewater discharged
                        +62 pounds toluene from storm water runoff
                        312 pounds toluene total water discharged

            312 pounds of toluene is reported in Section 5.3. A on Form R

        The percentage of toluene discharge through storm water reported in Section 5.3.C on Form is:

                                62-312x100 = 20%
                                                 4-40

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4.2.4   Disposal to Land On-site, Section 5.5 of Form R

       Facilities may dispose of tank and drum residue wastes on site. Accidental releases can also
lead to EPCRA Section 313 chemicals being disposed to land on site.  Each of these is discussed
below.

       Tank and Drum Residue Wastes  Chemical distribution facilities may dispose of tank
and drum residue waste containing EPCRA Section 313 chemicals in on-site landfills, surface
impoundments, or other waste management units.  Facility specific information, such as waste
analyses and process knowledge, can be used to estimate amounts of EPCRA Section 313
chemicals in tank and drum residue wastes.

       Container Residue.  Do not overlook residual chemicals in containers.  So-called "empty"
drums may contain an inch or more of liquid after draining and similarly "empty" bags may contain
residues of dust and powder.  Even though each individual drum or bag may only contain a small
amount of an EPCRA Section 313 chemical, for facilities that receive hundreds or thousands of
drums or bags each year the annual cumulative amount of an EPCRA Section 313 chemical can be
substantial. Waste associated with these residual amounts should typically be reported in Section
6.2.

       Actual data and a knowledge of the unloading methods at your facility can be used to
estimate the quantity of residual chemicals in  containers. However, U.S. EPA has developed
guidance to assist facilities if no site-specific information is available. Table 4-1 on  page 4-9 of this
document provides results from experimentation on residue quantities left in drums  and tanks when
emptied. These results are presented as the mass percent of the vessel capacity, and are
categorized based on unloading method, vessel type, and bulk fluid material properties such as
viscosity and surface tension.

       Other Wastes.  Chemical distribution facilities may also dispose of other wastes such as
spill residues, solids from product filtration, and settled materials from storage tanks.  To calculate
quantities of EPCRA Section 313 chemicals that may be present in these wastes, facilities can use
waste analyses, process knowledge, operating records, pollution prevention data, mass balance or
other readily available information sources.

       Note that you must report the ultimate known disposition of an EPCRA Section 313
chemical in the reporting year.  In other words, you may need to consider any cross-media
transfers that may result from land disposal. If a waste has been disposed in a land disposal unit,
but a portion of that waste volatilizes into the air, or a portion of that waste discharges to a surface
water, the ultimate disposition of the reportable EPCRA Section 313 chemical during the reporting
year must be reported for the year in which the waste was disposed. Therefore, only the quantity
that remains in the surface impoundment or other land disposal unit must be reported as a release
to land, while other fractions, such as amounts that volatilize, should be reported as an air release.
                                           4-41

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       Accidental Releases to
Land. Leaks, spills, and drips from
the loading and transfer of products
and other materials received at the
facility should be considered and
reported in your release estimates.
Data concerning specific incidents
(such as notification reports or
incident logs) should be used to
estimate releases.  In calculating
quantities related to accidental
releases, you are required to report
the ultimate disposition in the
reporting year that the EPCRA
Section 313 chemical(s) are released.
For instance, releases to land (e.g.,
Other Disposal, Section 5.5.4 of Form
R), would  only include the quantity of
spilled material  that was not cleaned
up  as a response to the accident.
       Equations found in Section 6 of EP'A''s Estimating Releases and Waste Treatment
Efficiencies for the Toxic Chemical Release Inventory Form., provide guidance on calculating
releases from chemical spills or leaks, including liquid discharges, fraction of discharge flashed,
vaporization, two-phase discharges, and gas discharges.

4.2.5  Transfers Off-site. Section 6.2 of Form R
        Example - Seepage From a Landfill

If a facility in one of the new industries, which begins
reporting for activities conducted in 1998, has information
on the amount of seepage from a landfill in 1998, do they
report this amount as a release to land, since they were not
required to report the initial disposal to land in the previous
year?

No, facilities are required to report only the amounts which are
disposed during the year in which they are disposed, provided
certain thresholds have been meet and the facility does not
conduct any further activities involving amounts previously
disposed.  Amounts which move within the same media, such
as seepage from a landfill to surrounding soils do not have to be
included in release estimates in subsequent years. EPA requires
reporting of the amount of EPCRA Section 313 chemical placed
in an on-site landfill during the year. It is not necessary to
estimate migration from the landfill in subsequent years,
provided the facility does not conduct activities that further
involve the EPCRA Section 313 chemical disposed.
       Chemical distribution facilities may send wastes off-site for waste management. Facilities
must report the quantities of EPCRA Section 313 chemicals in these wastes in Sections 6.2 and 8
of Form R.  These amounts are reportable whether they are sent to a facility within the same
company, or from a different company.  For
example, if a chemical distribution facility sends
sludge to a landfill owned by the same company that
is on non-contiguous, non-adjacent property (i.e., a
separate facility), then the chemical distribution
facility must report those amounts as transferred
off-site.
       The same methods discussed previously for
estimating quantities disposed on-site can be used
to estimate amounts sent off-site for disposal.
Wastes sent off-site that are regulated under RCRA
Subtitle C will also have waste analyses and waste
profiles.
             Waste Management Codes for
             Metals
             Metals and metal compounds in wastewater
             sent off-site for treatment should be reported
             using code M62 - "Wastewater Treatment
             (Excluding POTW) - Metals and Metal
             Compounds Only".  Similarly, metals in solids
             sent off-site for solidification or stabilization
             should be reported using code M41 -
             "Solidification/Stabilization - Metals and
             Metal Compounds Only". These codes are
             considered disposal codes for EPCRA Section
             313 reporting purposes.
                                             4-42

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4.2.6  On-site Waste Management Methods, Section 7A, 7B, and 7C of Form R

       On-site waste management at chemical distribution facilities includes treatment, recycling,
and energy recovery.

       On-site Treatment Methods, Section 7A of Form R.  Chemical distribution facilities may
treat wastes on-site using various methods.  When completing a Form R for a chemical, you must
report all treatment methods performed on the waste containing that chemical, regardless of its
efficiency.  For each treatment method, report the applicable code given in the TRIForms and
Instructions document.  The following are some examples of treatment methods that chemical
distribution facilities may use:

       Sludge and other solid wastes may pass through several  steps, including filtration (PI2),
sludge dewatering (P13), settling/clarification (Pll), and thermal drying/dewatering (F83).

       Wastewater (such as tank clean-out wastewater, pipe blowout, etc.) may go through
several treatment steps, including neutralization (Cl 1), settling/clarification (Pll), filtration (PI2),
chemical precipitation - lime or sodium hydroxide (C01), sludge dewatering - non-thermal  (PI3),
or other physical treatment (e.g., evaporation) (P99).

       For metal compounds, the calculation of the reportable concentration and waste treatment
efficiency must be based on the weight of the parent metal, not on the weight of the metal
compounds. Metals are not destroyed, only physically removed or chemically  converted from one
form into another.  The waste treatment efficiency reported must represent only physical removal
of the parent metal from the waste stream (except for incineration), not the percent chemical
conversion of the metal compound. If a listed waste treatment method converts but does not
remove a metal (e.g., chromium reduction), the method must be reported with a waste treatment
efficiency of zero.

       All  data available at your facility must be used to calculate waste treatment efficiency and
the influent concentration of the EPCRA Section 313 chemical.  If data are lacking, estimates can
be made using best engineering judgement or other methods.

       On-site Energy Recovery Processes, Section 7B. Facilities should only report energy
recovery methods used on EPCRA Section 313 chemicals in wastes.  Therefore, combustion of
commercially available fuels, such as coal or oil, is not considered energy recovery under EPCRA
Section 313 or the Pollution Prevention Act. As discussed in Chapter 4.1 of this document,
facilities can only report energy recovery of EPCRA Section 313 chemicals if they have a
significant heating value and are burnt on-site in a combustion unit that is integrated into an energy
recovery system.

       On-site Recycling  Processes, Section 1C. EPCRA Section 313 chemicals in products
that have spilled or leaked may  be  reported in Section 7C if a recovery activity is performed and,
the chemical is reinserted into the product tank. Reportable Section 313 chemicals present in


                                          4-43

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wastewater and tank sludge residue that is sent through a fuel recovery system also is reported in
Section 7C.
4.2.7  Source Reduction and Recycling Activities, Section 8

       Earlier in this chapter, the general method for developing Section 8 quantities was
discussed (See Chapter 4.1.3). An overview of Section 8 quantities are presented below:
Table 4-6
Examples of Section 8 Reporting
Section
Section 8.1, Quantity released
Section 8.2, Quantity used for
energy recovery on-site
Section 8.3, Quantity used for
energy recovery off-site
Section 8.4, Quantity recycled on-
site
Section 8.5, Quantity recycled off-
site
Section 8.6, Quantity treated on-
site
Section 8.7, Quantity treated off-
site
Products
Fugitive and stack air emissions, releases to water and
and off-site waste transfers for disposal
POTW,
On-site wastes recovered and used in an energy recovery system
Off-site waste transfers with energy recovery codes
On-site wastes recovered and recycled in fuel recovery
system
Off-site waste transfers with recycling codes
On-site wastes recovered and treated
Off-site waste transfers with treatment codes
4.2.8  Source Reduction Activities. Section 8.10

Facilities have the opportunity to report source reduction actions initiated during the reporting year
on the Form R using codes listed in the Form R and Instructions. Some examples of source
reduction activities and suggested codes are given below.

       •  Reducing the frequency of tank cleanings and, therefore, the amount of tank cleaning
          wastes by tracking process chemistry and monitoring tank cleanliness to  determine
          more precisely the need for cleaning.  (W13: Improved maintenance scheduling,
          recordkeeping, or procedures)

       •  Reducing the frequency of tank cleanings and the amount of tank cleaning wastes by
          applying a protective coating to the surfaces internal heater coils to prevent
          accumulation of scale on coil surfaces.  (W52: Modified equipment, layout or piping)
                                           4-44

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Reducing the need for corrosion inhibitors on buried piping by using cathodic
protection. (W52: Modified equipment, layout or piping)
                                 4-56

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                                   APPENDIX A
                       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-l

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Executive Order 12856 - Federal Compliance 'with Right-to-Know Laws and Pollution Prevention
Requirements: Questions and Answers.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-011

Interpretations of Waste Management Activities: Recycling, Combustion for Energy Recovery,
Treatment for Destruction, Waste Stabilization and Release., April 1997.
Internet Availability: None
Hardcopy Availability: EPCRA Hotline
Order Number: No order number

Standard Industrial Classification Manual, 1987.
Internet Availability: None (see http://www.epa.gov/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
                                          A-2

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Chemical-Specific Guidance

Emergency Planning and Community Right-to-Know Section 313: Guidance for Reporting
Aqueous Ammonia, July 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-012

Emergency Planning and Community Right-to-Know Section 313: List of Toxic Chemicals Within
the Chlorophenols Category, November 1994.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-B-95-004

Emergency Planning and Community Right-to-Know Section 313: List of Toxic Chemicals,
September  1996.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-B-96-002

Guidance for Reporting Sulfuric Acid Aerosols (acid aerosols, including mists, vapors, gas, fog,
and other airborne forms of any particle size), March 1998 Revision
Internet Availability:  http://www.epa.gov/opptintr/tri
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number:  EPA-745-R-97-007

List of Toxic Chemicals within the Water Dissociable Nitrate Compounds Category and Guidance
for Reporting, May 1996.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-96-004

Toxics Release Inventory: List of Toxic Chemicals Within the Glycol Ethers Category and
Guidance for Reporting, May 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-006

Toxics Release Inventory: List of Toxic Chemicals Within the Nicotine and Salts Category and
Guidance for Reporting, February 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-004
                                         A-3

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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 Polycyclic Aromatics Compounds
Category, February 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-003

Toxics Release Inventory: List of Toxic Chemicals Within the Strychnine and Salts Category and
Guidance for Reporting., February 1995.
Internet Availability: None
Hardcopy Availability: NCEPI or EPCRA Hotline
Order Number: EPA-745-R-95-005
Release Estimation Guidance

       General

Data Quality Checks to Prevent Common Reporting Errors on Form R/Form A, August 1998.
Internet Availability: http://www.epa.gov/opptintr/tri
Hardcopy Availability:  NCEPI or EPCRA Hotline
Order Number: EPA-745-R-98-012

Estimating Releases and Waste Treatment Efficiencies for the Toxic Chemical Release Inventory
Form., December 1987.
Internet Availability: http://www.epa.gov/opptintr/tri
Hardcopy Availability:  NCEPI or EPCRA Hotline
Order Number: EPA-560-4-88-002

Releases During Cleaning of Equipment, June 30, 1986.
Internet Availability: None
Hardcopy Availability: Prepared by PEI Associates, Inc. for the U.S. Environmental Protection
Agency, Office of Prevention, Pesticides & Toxic Substances, Washington, DC, Contract Bo.
Order Number:  68-02-4248
                                          A-4

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       Air

Chemdat 8/Water 8: Air Emission Models for Waste and Wastewater (for Microcomputers), 1994
Internet Availability: http://www.epa.gov/ttn/chief/software.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

Information and Document Distribution Centers

Enviro$en$e Information Network
BBS modem: (703) 908-2092
User Support: (703) 908-2007
Internet Home Page: http://es.epa/gov/index.html

National Center for Environmental Publications and Information (NCEPI)
P.O. Box 42419
Cincinnati, OH 45242
(800) 490-9198
(513) 489-8695 (fax)
Internet Home Page: http://www.epa.gov/ncepihom/index.html
                                          A-5

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National Technical Information Service (NTIS)
5285 Port Royal Road
Springfield, VA 22151
(800)553-6847
(703) 605-6900 (fax)
Internet Home Page: http://www.ntis.gov

OPPT Pollution Prevention (P2)
Internet Home Page: http://www.epa.gov/opptintr/p2home/index.html

Pollution Prevention Information Clearinghouse (PPIC)
Mail Code 3404
401 M Street, SW
Washington, DC
(202) 260-1023
(202) 260-0178 (fax)

RCRA, Superfund & EPCRA Hotline
(800) 424-9346 (outside the Washington, DC Area)
(703) 412-9810 (inside the Washington, DC Area)
TDD:  (800) 553-7672 (outside the Washington, DC Area)
       (703) 412-3323 (inside the Washington, DC Area)

RTK-Net
1742 Connecticut Avenue, NW
Washington, DC  20009-1146
(202) 797-7200
Internet Home Page: http://www.rtknet.org

Technology  Transfer Network (TTN)
(919) 541-5384 (Help Desk)
Internet Home Page: http://www.epa.gov/ttn

EPA Toxic Release Inventory General Information  and Guidance
Internet Home Page: http://www.epa.gov/opptintr/tri

U.S. Government Printing Office (GPO)
(202)512-1800
(202) 512-2250 (fax)
Internet Availability: http://www.gpo.gov

*For the latest list of industry-specific and other technical guidance documents, please refer to the
latest version of the Toxic Chemical Release Inventory Reporting Forms and Instructions,
Appendix H.

                                          A-6

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A-7

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