United States Environmental Protection Agency Office of Information Analysis & Access Washington, DC 20460 EPA-745-R-00-001 February 2000 &EPA Emergency Planning and Community Right-To-Know Act - Section 313 Reporting Modifications Beginning With Reporting Year 2000 Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) requires certain facilities manufacturing, processing, or otherwise using listed toxic chemicals to report their environmental releases of such chemicals annually. Beginning with the 1991 reporting year, such facilities also must report pollution prevention and recycling data for such chemicals, pursuant to section 6607 of the Pollution Prevention Act, 42 U.S.C. 13106. When enacted, EPCRA section 313 established an initial list of toxic chemicals that was comprised of more than 300 chemicals and 20 chemical categories. EPCRA section 313(d) authorizes EPA to add chemicals to or delete chemicals from the list, and sets forth criteria for these actions. The current EPCRA section 313 toxic chemical list contains over 640 chemicals and chemical categories. The following information is provided to alert facilities of recent reporting modifications to the EPCRA section 313 reporting requirements beginning with the 2000 reporting year. These modifications do not apply to the forms being submitted on or before July 1, 2000 (covering the 1999 reporting year). However, since these modifications are effective January 1, 2000, facilities should begin to apply these modifications to their data collection activities for 2000 reporting (reports due on or before July 1, 2001). CONTENTS Introduction 1 Section l.OExpansion of the EPCRA Section 313 Toxic Chemical List 2 Section 2.0Lower Reporting Thresholds for Persistent, Bioaccumulative Toxic (PBT) Chemicals 3 Section 3.0Other Changes to the Reporting Requirements for PBT Chemicals 4 3.1 De Minimis Exemption ; 4 3.2 Data Precision 4 3.2 Range Reporting 4 3.3 Form A Exclusion : 4 Introduction. On October 29, 1999, EPA published a final rule (64 FR 58666) under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), which lowers the EPCRA section 313 reporting thresholds for certain persistent, bioaccumulative, and toxic (PBT) ------- chemicals and adds certain other PBT chemicals to the EPCRA section 313 list of toxic chemicals. These PBT chemicals are of particular concern not only because they are toxic but also because they remain in the environment for long periods of time, are not readily destroyed, and build up or accumulate in body tissue. Relatively small releases of PBT chemicals can pose human and environmental health threats and consequently releases of these chemicals warrant recognition by communities. The final rule included lower reporting thresholds for PBT chemicals and a special, lower reporting threshold for the category of dioxin and dioxin-like compounds. The rale also included modifications to certain reporting exemptions and requirements for the chemicals newly subject to the lower reporting thresholds. EPA is developing reporting guidance for dioxin and dioxin- like compounds and other PBT chemicals. The purpose of this document is to alert you to the changes that this final rule has made to the EPCRA section 313 reporting requirements. Section 1. Expansion of the EPCRA Section 313 Toxic Chemical List EPA has added seven chemicals and two chemical compound categories to the list of toxic chemicals subject to reporting under EPCRA section 313. The chemical abstract service registry number (CAS No.) and name of each added chemical is listed below. CAS No. Chemical Name 191-24-2 Benzo(g,h,i)perylene 206-44-0 Benzo(j,k)fluorene (fluoranthene) [as a member of the polycyclic aromatic compounds (PACs) category] 56.49.5 3-Methylcholanthrene [as a member of the PACs category] 29082-74-4 Octochlorostyrene 608-93-5 Pentachlorobenzene 79.94.7 Tetrabromobisphenol A (TBBPA) 7440-62-2 Vanadium (except when contained in an alloy) NA Vanadium compounds NA Dioxin and dioxin-like compounds (manufacturing; and the processing or otherwise use of dioxin and dioxin-like compounds if the dioxin and dioxin-like compounds are present as contaminants in a chemical and if they were created during the manufacturing of that chemical). It should be noted that vanadium has been on the EPCRA section 313 list of toxic chemicals since 1987 with the qualifier "fume or dust." The new qualifier means that all forms of vanadium are now reportable except when contained in an alloy. The dioxin and dioxin-like compounds category includes 17 specific compounds. The members of the category are listed below by name and CAS No. CAS No. Chemical Name 1746-01 -6 2,3,7,8-tetrachlorodibenzo-p-dioxin 40321-76-4 1,2,3,7,8-pentachlorodibenzo-/?-dioxin 39227-28-6 1,2,3,4,7,8-hexachlorodibenzo-p-dioxin Abbreviated Name 2,3,7,8-TCDD 1,2,3,7,8-PeCDD 1,2,3,4,7,8-HxCDD ------- 57653-85-7 1,2,3,6,7,8-hexachlorodibenzo-p-dioxin 19408-74-3 1,2,3,7,8,9-hexachlorodibenzo-^-dioxin 35822-46-9 1,2,3,4,6,7,8-heptachlorodibenzo-p-dioxin 3268-87-9 1,2,3,4,6,7,8,9-octachlorodibenzo-^-dioxin 51207-31 -9 2,3,7,8-tetrachlorodibenzofuran 57117-41-6 1,2,3,7,8-pentachlorodibenzofuran 57117-31 -4 2,3,4,7,8-pentachlorodibenzofuran 70648-26-9 1,2,3,4,7,8-hexachlorodibenzofuran 57117-44-9 1,2,3,6,7,8-hexachlorodibenzofaran 72918-21-9 1,2,3,7,8,9-hexachlorodibenzofuran 60851-34-5 2,3,4,6,7,8-hexachlorodibenzofuran 67562-39-4 1,2,3,4,6,7,8-heptachlorodibenzofuran 55673-89-7 1,2,3,4,7,8,9-heptachlorodibenzofiiran 39001-02-0 1,2,3,4,6,7,8,9-octachlorodibenzofuran 1,2,3,6,7,8-HxCDD 1,2,3,7,8,9-HxCDD 1,2,3,4,6,7,8-HpCDD 1,2,3,4,6,7,8,9-OCDD 2,3,7,8-TCDF 1,2,3,7,8-PeCDF 2,3,4,7,8-PeCDF 1,2,3,4,7,8-HxCDF 1,2,3,6,7,8-HxCDF 1,2,3,7,8,9-HxCDF 2,3,4,6,7,8-HxCDF 1,2,3,4,6,7,8-HxCDF 1,2,3,4,7,8,9-HxCDF 1,2,3,4,6,7,8,9-OCDF Section 2. Lower Reporting Thresholds for Persistent, Bioaccumulative, and Toxic (PBT) Chemicals. EPA has lowered the EPCRA section 313 reporting thresholds for 18 chemicals and chemical categories that meet the EPCRA section 313 criteria for persistence and bioaccumulation. These chemicals and their final thresholds are listed in the table below: Reporting Thresholds for EPCRA Section 313 Listed PBT Chemicals Chemical Name or Chemical Category CAS No. Aldiin 309-00-2 Benzo(g,h,i)perylene 191-24-2 Chlordane 57-74-9 Dioxin and dioxin-like compounds category NA (manufacturing; and the processing or otherwise use of dioxin and dioxin-like compounds if the dioxin and dioxin-like compounds are present as contaminants in a chemical and if they were created during the manufacturing of that chemical) Heptachlor 76-44-8 Hexachlorobenzene 118-74-1 Isodrin 465-73-6 Methoxychlor 72-43-5 Octachlorostyrene 29082-74-4 Pendimethalin 40487-42-1 Pentachlorobenzene 608-93-5 Polycyclic aromatic compounds (PACs) category NA Polychlorinated biphenyl (PCBs) 1336-36-3 Tetrabromobisphenol A 79-94-7 Section 313 Reporting Threshold (in pounds unless noted otherwise) 100 10 10 0.1 grams JO 10 10 100 10 100 10 100 10 100 ------- Toxaphene 8001-35-2 .10 Trifluralin 1582-09-8 100 Mercury 7439.97.6 10 Mercury compounds NA 10 These lower reporting thresholds apply to the manufacturing, processing, and otherwise use of the chemicals and chemical categories listed in the above table. Section 3.0 Other Changes to the Reporting Requirements for PBT Chemicals. EPA has also made modifications to certain reporting exemptions and requirements for the PBT chemicals subject to the lower reporting thresholds. Each of these changes is discussed in the following subsections. 3.1 De Minimis Exemption. EPA eliminated the de minimis exemption for all PBT chemicals. This means that facilities are required to include all amounts of PBT chemicals in threshold determinations and release and other waste management calculations regardless of the concentration of the PBT chemical in mixtures or trade name products. 3,2 Data Precision. EPA has eliminated the half pound rule for PBT chemicals. This means mat facilities cannot automatically round quantities of a half pound or less to zero. For PBT chemicals, except dioxin and dioxin-like compounds, the smallest amount that is required to be reported is 0.1 pounds. Facilities should continue to report releases and other waste management amounts greater than 0.1 pounds at a level of precision supported by the accuracy of the underlying data and the estimation techniques on which the estimate is based. For the dioxin and dioxin-like compounds category facilities should also report at a level of precision supported by the accuracy of the underlying data and the estimation techniques on which the estimate is based. However, the smallest quantity that is required to be reported on the Form R for the dioxin and dioxin-like compounds category is 0.0001 grams (i.e., 100 micrograms). Example: if the total quantity for section 5.2 (Stack or point air emissions) is 0.00005 grams or less, then zero can be entered. If the total quantity is between 0.00005 and 0.0001 grams then 0.0001 grams can be entered or the actual number can be entered (e.g., 0.000075). 3.3 Range Reporting. EPA has eliminated range reporting for PBT chemicals. This means that for those sections of the Form R for which range reporting is an option, the option cannot be used when reporting on a PBT chemical. Thus facilities must report an actual number rather than a selected range. 3.4 Form A Exclusion EPA has excluded PBT chemicals from the alternate threshold of 1 million pounds. Therefore, submitting a Form A rather than a Form R is not an option for the PBT chemicals subject to these new reporting requirements. 'U.S. Government Printing Office: 2000 — 465-493 ------- |