United States
Environmental- Protection
Agency
Office of Pollution
Prevention and Toxics
Washington, DC 20460 ,
March 1995
EPA745-R-95-011
vvEPA
EXECUTIVE ORDER 1285i6:
Federal Compliance with Right-to-Rnow
Laws and Pollution Prevention Requirements.
QUESTIONS AND ANSWERS
On August 3,1993, President Clinton signed an Executive Order pledging the Federal
government to protect the environment by preventing pollution at the source. Executive Order
12856 commits the Federal government to publicly report toxic releases and transfers, .and to
reduce toxic releases by at least fifty percent by 1999. Executive Order 12856 is effective for 1994
and beyond. : -V;.'.'"'";.''. ,
: This document is provided to assist Federal facilities in compliance with Executive Order
12856: This information has been compiled by EPA from questions received from Federal '- '
facilities. This document is intended for the exclusive use of Federal facilities in ^complying with
sections 302, 303, 304, 311, 312, and 313 of the Emergency Planning and Community Right-to-
Knbw Act (EPCRA) of 1986 and the Pollution Prevention Act of 1990, ais directed by the
Executive Order.
Recycled/Recyclable Printed with Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer)
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TABLE OF CONTENTS
' > . Page#
INTRODUCTION
PURPOSE OF DOCUMENT . . , ..... . . . . . . '.-, . ... ; . . .'. . ....... ... i
EPCRA BACKGROUND ....... , . . . ... T,. . . .-,, . . .!. ... . . ;!. . ....... . ... ii
EXECUTIVE ORDER 12856 BACKGROUND . . .'..... . . . . ..... iii
QUESTIONS AND ANSWERS i
I. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT:
GENERAL . . . . ......... .;. ..............,;.. . -JV ...... ;.. . . . . . 1
,A. Implementation of Executive Order 12856 ...... .... ... . . . 1
B. Definition of Federal Agency . . . . ... . ... .-..' . .;. . ". . . . . . . .... . 2
C. Definition of Federal Facility . . ,'.'.. . ........ . . .... 3
, D. Multi-Agency Federal Facilities . . . . . . . . .;. ... . . ;.. . . . . . . 7
E. Applicability to Government-Owned, Contractor-Operated (GJOCO) Facilities .... 8
F. National Security Exemption ... . . . . . .'-. ..... . . . . ..... ... . . . . . . , . 10
G. Other Issues 12
II. EPCRA SECTION 313 AND POLLUTION PREVENTION ACT RliPORTING
(EO ง3-304) . . .\. . . .............. . ,. . . :: . . .^., . . . . .;..... . . 14
A. Form R Requirements . ... ........ .'..... .'. .... .;.. . ...... 14
B. Employee Threshold ..... <. . . ... . . . . . ....... .V. . . . . . . . . .... .16
. C. Activity Threshold Determinations 17
D. Reporting Exemptions ;. . . . ... . . .,.../............ . 21
E. Releases of the Chemical ..... ... .;.... . 28
F. Transfers to Off-Site Locations . / -. ..... . . ... . ... .31
G. Source Reduction and Recycling (Part II, section 8.1-8.10 of'the Form R) . . ".. . -.- 32
, H. Certification and Submission . .... ............ 33
I. Supplier Notification . . . . . . . . . .34
III. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
RESPONSIBILITIES (EO ง3-305) .'...!..... 35
A. ,EPCRA Sections 302r303 (Emergency Planning) ....... . . . . .... ; , . . . . . 35
' ~ . . . " - - ' ' - \' ' *
I. Applicability . . ....... . . . . . .... ... . 35
B. EPCRA Section 304 (Emergency Release Notification) . . . .-,. . 1'. ... . . . . . . . 35
1. Applicability
2. Thresholds .
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35
37
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TABLE OF CONTENTS
(continued)
C. EPCRA Sections 311-312 (Hazardous Chemical Inventory Reporting) ...:...... 39
1. Applicability ' ':. .- . . 39
2. Thresholds .......". 39
3. Chemical Lists , . . . . . '.'. . . . .,39
4. Exemptions . . ; ...,,.-.., 40
Appendix A Defining "Federal Agency," for Purposes of the Executive Order.. ........... A-l
Appendix B Federal Facility Compliance With Executive Order 12856 Timeline ......... B-l
Appendix C Applicable CFR Citations ...........;..... C-l
Appendix D EPCRA. Bibliography D-l
Appendix E EPA Regional Contacts E-l
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994
PURPOSE OF DOCUMENT
This document is intended for the exclusive use of Federal facilities in complying with
Sections 302, 303, 304, 311, 312, and 313 of the Emergency Planning and Community Right-to-
Know Act (EPCRA) of 1986 as directed by Executive Order (EO) #12856, titled "Federal
Compliance with Right-To-Know Laws and Pollution Prevention Requirements." The guidance
information, and examples contained in this document are designed to assist federal agencies in' '" '
meeting the mandate under EO 12856 to comply with EPCRA and the Pollution Prevention Act The
interpretive guidance is not intended for private sector facilities. .''."'
This document was issued specifically so that each Federal facility could determine its
EPCRA reporting requirements. The intent is to aid Federal agencies in determining which of their
facilities meet threshold requirements and reporting obligations as set forth in! sections"3Q2, 303, 304
311, 312, and 313 of EPCRA. It will be necessary to address certain situations on a case by case
basis. - '
The appendices provide additional reference materials including whenb you can obtain further
guidance and clarifications. The EPCRA Hotline (800-535-0202) is available! from 8:30 am to 7:30
pm EST to provide technical assistance in understanding regulatory issues and for obtaining EPCRA-
and EO-related documents. i , ,
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994
EPCRA BACKGROUND i
EPCRA consists of five major provisions. The first, emergency planning, established an
infrastructure at the state and local levels for developing a comprehensive planning process to address
potential chemical hazards. Under EPCRA section 302, facilities are required to participate in this
planning process by notifying the local emergency planning committees (LEPCs) and state emergency
response commissions (SERCs) if the facility has present at any one time a quantity of an extremely
hazardous substance (EHS) at or above a specific threshold planning quantity (TPQ). Facilities must
also designate a coordinator who will participate with the LEPC in the emergency planning process
Under EPCRA section 303(d)(3), facilities may be required to provide planning information upon the
request of the LEPC. This information could include facility contingency plans, standard operating
procedures, Material Safety Data Sheets, hazard assessments, and site plans. :
EPCRA section 304 mandates that notice of releases of CERCLA hazardous substances and
EHSs be given immediately to SERCs and LEPCs for the .areas likely to be affected by the release.
After the initial notification, a written follow-up notice is required. There are various notification
issues under this requirement that have confused many facilities, including exemptions ^Federally
permitted releases, reduced reporting for continuous releases, and the difference between EPCRA
section 304 reporting 'and release reporting under CERCLA section 103:
Under EPCRA sections 311 and 312, information on hazardous chemicals is provided to
emergency planners and the public on the hazards those chemicals pose and the site-specific details on
how they are handled by facilities. To fulfill-these reporting requirements, chemical inventory
information is essential to identifying chemicals covered and for completing the section 3^2 Tier II
reports. - ;
Under EPCRA section 313, facilities must report to'EPA and the appropriate state agency
their releases and off-site transfers of over 350 chemicals and chemical categories for reporting year
1994 and over 600 listed chemicals in 1995 if the facility exceeds specified thresholds for
"manufacturing, processing or otherwise use" of the chemical. (Inthis document,;.listed _
chemical " "toxic chemical," or "reportable chemical" all mean a chemical on the 313 list) Under
SSto^Sticm Ai (PPA), facilities reporting under EPCRA section 313 must also provide
^formation on the waste management practices and on source reduction activities involving reportable
lisVeTchemicals. The data under EPCRA section 313 are made available to the public via an on-line
database. ' . ,
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Compliance with EQ 12856 and EPCRA: Questions and Answers 1994
EXECUTIVE ORDER 12856 BACKGROUND
Executive Order (EO) 12856 requires Federal agencies to comply with the provisions of the
Sฃฐty Right-to-Know Act (EPCRA) and the Pollution PreS A t
12856 requires:
Compliance with emergency planning and community right-to-know! pro visions under
sections 301 through 312 of EPCRA, all implementing regulations, knd future
amendments to these authorities in light of any Applicable guidance iprovided by. EPA;
Invento^y (TRI) reporting provisions under section
, of EPCRA, Section 6607 of the PPA, all implementing regulations, and future
amendments to these authorities in light of applicable guidance provided by EPA
without regard to SIC code limitations; . i
Development of an agency pollution prevention strategy, including a Ipollution
prevention pohcy statement outlining the agency's commitment to incorporate
pollution prevention through source reduction in facility management1 and acquisition-
and a commitment to utilize source reduction as the primary means cjf achieving and'
maintaining compliance with all applicable Federal, State, and local environmental
requirements; ; ';'-.-
Development of voluntary goals to reduce total releases of toxic cheniicals or toxic
pollutants and off-site transfers of these chemicals, or pollutants for treatment and '
disposal by 50 percent of the baseline quality in the first year of reporting for that
chemical by December 31, 1999;
Establishment of a plan and goals for eliminating or reducing 'unnecessary acquisition
ot products containing extremely hazardous substances or toxic chemfcals and for
reducing the facility's "manufacturing, processing, and otherwise use1!' of extremely
hazardous substances and toxic chemicals; and . >
Accessibility of strategies, plans, and reports to the public. ! i
- _ i . '
EO 12856 requires Federal agencies to comply with EPCRA. EO 12^56 does not alter or
remove any existing legal obligation of the private contractor of a government owned, contractor- -'
operated (GOCO) Federal facility to report. EPCRA requires reporting by thfe owner or operator of a
facility. This means that although the Federal agency with control of a covered GOCO facility will"
report under EPCRA, as required under EO 12856; a contractor operating the! facility who is already
subject to EPCRA still is legally responsible for submission of signed and certified EPCRA reports in
a comprehensive and timely manner. I . v
EO 12856 also requires pollution prevention activities at the Agency or Department and
facility level. However, this Question and Answer document does notaddress pollution prevention
issues. For more information about the EO and pollution prevention for Federal facilities -see
Pollution Prevention in the Federal Government: Guide for Developing Pollution
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994
and Bevond (EPA publication #300-6^94-007, April 1994) and
Guide (EPA publication #300-6-94-013, December 1994).
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I.
Compliance with EO 12856 and EPCRA: "Questions and Answers 1994
I
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: GENERAL
A. Implementation of Executive Order 12856 j
---,;. - - - ! ' '
1. When was Executive Order 12856 signed, and when was it published in the Federal
Register? i ~
Executive Order 12856, "Federal Compliance with Right-to-Know Laws and Pollution
- Prevention-Requirements," was signed by President Clinton on August 3, 1993. The Order
was published in the FjderaLRegister on August 6,, 1993 (58 FR 41981)!
2. What phone number can people call to receive information on BO 12856?
To receive information on EO 12856, Federal facilities can call the Emergency Planning and
Community Right-to-Know Information Hotline at 1-800-535-0202. \ ",
3. If state right-to-know laws are more stringent than EPCRA, inusit Federal facilities
comply with the state right-to-know requirements and EPCRA requirements as well?
*"" " - " . ] ' ' '"' '.
No. EO 12856'does not require Federal facilities to.comply with state and local right-to- "
know requirements that are more stringent than EPCRA requirements. However, section'5-
505 of the Executive Order does encourage such compliance. \ .:
41 Can EPA fine a Federal facility if the facility does not comply! with EO 12856?
No. EO 12856 does not give EPA the authority to fine Federal facilities. However section
5-504 authorizes EPA to conduct reviews and inspections of Federal facilities as necessary to
monitor compliance with toxic release inventory, pollution prevention;, and community right-
to-know reporting requirements as set out in sections 3-304 and 3-305. Section 5-507
requires EPA to report annually to the President on Federal agency compliance with section
3-304 of, the Executive Order. i ;; '
5. A Federal facility, which had voluntarily complied with EPCRA before President
Clinton signed EO 12856, was designated as an LEPC by the Oklahoma SERC. At the
facility, each building submits EPCRA sections 302 and 303 planning Information to the
facility LEPC. Does EO 12856 change any of the facility's reporting mechanisms?
No. A Federal facility that voluntarily complied with EPCRA before'EG 12856 was signed
and that has been designated as an LEPC, does not have to change its reporting mechanisms "
as long as those reporting mechanisms meet EO 12856 requirements, j In this example each
building submits an EPCRA report to the. facility LEPC, which has established procedures to
share emergency planning information with neighboring LEPCs and the Oklahoma SERC.
6. When will EPCRA reporting begin for Federal facilities subject to Executive Order
12856? !
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994
The different sections of EO 12856 require various reports by Federal agencies and 'facilities
at different times. See the time-line (Appendix B of this document) for all the reporting
dates.
7. What are the minimum criteria for a facility to meet that could result in the agency's
having to comply with EO 12856 for that facility?
Each Federal agency will need to examine activities at, its various facilities and determine
which facilities meet threshold conditions of EPCRA sections 302, 304, 311, 312, or 313
Facilities include government-owned contractor-operated (GOCO) facilities. Each Federal
agency that either owns or operates a "facility" could potentially be required to comply with
this Executive Order for any agency facility that meets certain criteria. For EPCRA section,
313 the facility must have 10 or more full-time employees (i.e., 20,000 hours), and must
meet or exceed "manufacture" or "process" or "otherwise use" thresholds for a toxic
chemical. , '...'
B. Definition of Federal Agency ,
8. What is a "Federal agency" under section 2-202 of EO 12856 that is subject to the
requirements of the Executive Order? ;
Under EO 12856 section 2-202, a "Federal agency" is equivalent to an "Executive lagency" as
defined in 5 USC 105. Title 5 USC 105 defines an "Executive agency" as "an Executive
department (including military departments under the auspices of the Department of Defense),
a Government corporation, or an independent.establishment." (See Appendix A fo;r the
definitions of "Independent establishment" and "Executive agency" applicable to this
Executive Order.) ,
9. How should a Federal facility determine if it is a "Federal agency," and, therefore,
subject to comply with EO 12856? . '.-\
It is the responsibility of each Federal agency to make sure that its facilities have fulfilled
their obligation to comply with the EO. If a Federal facility is unsure whether its Agency
meSs the criteria for a "Federal agency" as defined in EO 12856 and Title 5 U.S.C., then the
facility should consult its general counsel.
10. Is an Indian tribe required to report under EPCRA and PPA as a result of
Executive Order 12856?
. No Facilities owned or operated by an Indian tribe are not Federal facilities because a tribal
government is not a Federal agency under section 2-202 of EO 12856. Therefore,, the
EPCRA and PPA reporting requirements of EO 12856 do not apply to Indian tribes.
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Compliance with EG 12856 and EPCRA: Questions and Answers 1994
C. Definition of Federal Facility
11. What is a Federal "faciUty" for EPCRA purposes?
.Section2-201 of EO 12856 incorporates-by-reference definitions found in EPCRA PPA and
implementing regulations. According to EPCRA section 329(4), a "facility" is defined as "all
.buildings, equipment, structures, and other stationary items which are located on a single site
or on contiguous or adjacent sites and which are owned or operated by the same person (or by
any person which controls, is controlled by, or under common control with, such person) "
Under sections 2-201 and 2-202 of EO 12856, the definition of "pers|on" in^EPCRA 329(7) is
expanded to include Federal agencies, as defined in 5 USC 102 and 105.
12. If the Bureau of Indian Affairs operates a facility on a reservation, is the Bureau
subject to EPCRA requirements as a result of EO 12856?
Yes. The Bureau of Indian Affairs is part of the Department of Interior (DOI) which is a
Federal agency. According to section 1-101 of EO 12856, the responsibility for complying
with this Executive Order rests with the head of each Federal agency \ Although an agency
may require each of its entities to submit separate reports under EPCRA, it is the Federal
agency that ultimately is responsible for ensuring the agency's compliance with pollution
prevention and emergency planning and community right-to-know provisions appropriate for
facihties (e.g., buildings and equipment) that the Agency owns and/or operates even if the
facilities are on Tribal lands. In this example, DOI ultimately is responsible for complying
with the requirements, although DOI may require the Bureau of Indian Affairs and other
entities to submit separate reports. i
13. Are Federal facilities on Guam in the "customs territory of the U.S.?"
No. EO 12856 incorporates by reference the definition of "customs territory of the United
States" under EPCRA implementing regulations (40 CFR 372.3). According to these
regulations, Guam is not in the "customs territory :of the U.S." The "customs territory"
includes the 50 states, the District of Columbia, and Puerto Rico. Section 1-102 provides that
the Executive Order does not apply to Federal agency facilities outside the customs territory
of the United States. Because the definition of "state" under EPCRA section 329 includes
certain territories and possessions outside the customs territory of the U.S. (including Guam
American Samoa, the U.S. Virgin Islands, and the Northern Mariana islands), Federal
facilities located in these U.S. territories and possessions are encouraged to abide by the spirit
of EPCRA. Abiding by the spirit of EPCRA means planning for and preventing potential
harm to the public through chemical releases, and observing the environmental protection
hierarchy in the Pollution Prevention Act (i.e., source reduction, recycling, treatment and
disposal). '
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994
14. Should a facility's contracted and/or subcontracted work off-site at a non-Federally
owned facility be included in Federal EPCRA reporting?
No Work conducted for a Federal agency at a non-Federally owned facility is not subject to
Federal EPCRA activity thresholds. Federal agencies are only responsible-for reporting on
activities conducted by or for the Federal agency at Federally owned or operated sites. ; -
15 Are office buildings owned by the General Services Administration (GSA) j or any
other Federal agency considered "facilities" under Executive Order 12856?
Yes The General Services Administration is a Federal agency as defined in EO 12856.
Because any building would be considered a "facility" under EPCRA section 329(4), any
office building that GSA (or any other agency) owns or operates could be subject to the . ,
requirements of the Executive Order if an EPCRA activity or reporting threshold for a toxic
chemical has been met.
16. An agency is operating out of a building that is maintained, leased, or owned by the
General Services Administration. Who is responsible for reporting under EPCRA
section 313?
Under EPCRA section 313, the owner or operator of a facility is'responsible for reporting. If
the owner of the facility has a "landlord or real estate interest only" in the operations
conducted at the facility, then the obligation for reporting falls to 1the operator - who ^
typically has the most knowledge of any toxic chemicals used at the facility, n this example,
the agency is the operator and responsible for threshold determinations arid release calculation
- assuming that GSA had a "landlord or real estate interest only" in the facility. ;(Refer to
Q&A #22 for a more detailed explanation of the term "landlord or real estate interest only. )
17 Under Executive Order 12856, who is responsible for complying with EPCRA ,
section 313 when a Federal agency leases property to a private sector firm? For
Sample, assume the Bureau of Land Management (BLM), DOI, has a 5,000,acre piece
of land Broken only by public rights,of-way). BLM leases 1,000 acres to a gas
exploration corporation and 1,000 acres to a local farmer for grazmg. Who should
perform threshold determinations and release calculations? ;
Under section 313, the owner-or operator of a facility is responsible for reporting According
to 40 CFR 372.38(e), if any owner has a "landlord or real-estate interest only m the .
property then the reporting burden falls to the operator, who typically has the knowledge of
the IstJd toxic chemLls used at the facility, The ^d/^^ฐ^^^
owner and operator must be determined by eachfederal facility. (Refer to Q&A #22 for a
more detailed explanation of the term "landlord or real-estate interest only. ) ; ,
In the example above, if BLM has more than a landlord interest in the lands it leases to a-
private sector firm(s), then BLM would consider the use of listed toxic chemicals by its
ฃnant(s) in its threshold calculations. If thresholds are exceeded, BLM may choose to Me
For^R reports separately or jointly with its tenantฎ, if the tenant(s) is subject to section 313
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994:
.reporting. If BLM has only a landlord interest in the leased lands, then only tenants whose
operauons are ckssified m SIC codes 20 through 39 and have 10 or bate Mi-time employees
will need to perform threshold determinations separately for EPCRA! section 313 and be
responsible for submitting a Form R for each listed toxic chemical used-in excess of a
reporting threshold. BLM is still responsible for reporting on any activities involving listed
toxic chemicals above threshold amounts that take place at the remaining property that is not
163.S6Q. , _ '
18. A Federal agency owns property - either land or a building i- and leases that
property to another entity. If the agency has no involvement in the operations other
than as the lessor, is the agency required to comply with EPCRA section 313
requirements for that covered facility under EO 12856?
No. According to 40 CFR 372,38(e), the owner of a covered facilitjt is not required to '
comply with EPCRA section 313 requirements if that owner's interest in the facility is limited
to ownership of the real estate upon which the facility is operated. This interest is often -
referred fc> as a "landlord or real-estate interest only," In general, if'a Federal agency is in a
simple landlord role and receives no service or benefit from a lessee (other than rent or a fee) '
and is not involved directly in the oversight or operation of the property, then the ;agency. is
not required to account for the lessee's activities at that facility under1 EPCRA section 313 -
The operatorof the covered facility, however, may be subject to the Reporting requirements. .
An example of an agency's having a "landlord or real estate interest clnly" is when an agency'
owns an air field, but is responsible only for supplying the heating anil cooling to the
buildings at the site. Because the agency does not directly support or provide oversight for '
the activity at the air field, the agency is considered to have a "landlord or real estate interest
.only with respect to the facility. A second example is where a Federal agency leases a '
building to a manufacturing operation, but is responsible only for building upkeep and repair
Because the agency is in no way involved with the operation or oversight of the facility it ''
would notbe required to report on the activities of that facility as a result of EO 12856.'
19.. The Resolution Trust Corporation (RTC) takes possession of a manufacturing
facility that defaults on a loan. Is RTC responsible for complying with EO 12856?
No. If RTC has only a "landlord or real-estate interest" in the manufacturer's operation
RTC is not responsible for threshold or release calculations, or for off-site transfers of toxic
chemicals under EPCRA section 313 (40 CFR 372.38(e)). If, however, a. federal agency
takes over the manufacturing operation, then that federal-agency must report releases and '
transfers of listed toxic chemicals under section 313 if reporting thresholds are exceeded. ;
- ' ".";."' i ' ' , . '
20. To what governmental entities should Federal facilities with operations that straddle
state or local jurisdictional lines report under EPCRA? i
The facility'should report to all appropriate states or local jurisdictions in which the Federal
facility is fully or partially located. -! . .
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21. When is a vessel part of a Federal facility under EO 12856?
A vessel is part of a Federal facility when it is located within the boundaries of that facility
biding any harbor space that is under the facility's control: This would include vessels in
dry dock at a Federal facility.
A Federal facility is not responsible for including toxic chemicals associated with a; vessel in
threshold determinations and release reporting if the vessel is located in a public waterway,
unless the waterway is under the facility's control.
22 A Federal facility is composed of two separate establishments and is filing two
separate Form Rs for section 313 reporting. For Part I, section 4.5, what SIC codes
should the facility list?
For a Federal facility that has multiple establishments ("distinct and separate economic
activities [that] amperformed at a single location"), managers of individua properties have
the option of reporting releases as separate establishments as long as the entire facility
accounts for all of the releases of toxic chemicals. If a facility is filing separate ^ease
reports for each establishment, enter in Facility Identification, Part I, section 45 of the .Form
R report, only the SIC code of the establishment for which data is me hided ^e ^f'J^.
SIC cod; for the other establishments at the Federal facility would be included in the form R
reports for those establishments. Also, managers should check that ^establishment .is Part
of a facility" in Facility Identification, Part I, section 4.2 of the Form R report. Faculty
owners or operators should be aware that their establishments may be considered separate
facilities and may receive separate TRI facility identification numbers. .<
23 An agency has buildings and other stationary structures located on multiple
properties. All of the properties are contiguous and adjacent to each other, jlhese
Sguous and adjacent properties comprise vast tracts of land (e.g. most of Western
Colorado) Are these buildings and other stationary structures - which are owned or
tne agency but managed by several district offices and located on contiguous
properties7- one agency facility for EPCRA section 313 reporting purposes?
Yes All of the buildings and other stationary items located on multiple contiguous or
Sacent properties are part of one facility for EPCRA reporting. Therefore, the amoun of
each ^Sic chemical manufactured, processed, or otherwise used and the number of employees
must be aggregated for all of these contiguous or adjacent properties to determine whether the
entire facility meets reporting thresholds.
A manager of an individual establishment, however, does have the option of filing as a
Identification, Part I, section 4.2 of the Form R report.
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994
24. Federally-owned military bases may be occupied by multiple Department of Defense
organizations. For example, operations may be simultaneously conducted by the U.S.
Marine Corps, the U.S. Army, and the U.S. Navy at a military base. For EPCRA
reporting purposes, would this base be considered one facility or three separate facilities?
For purposes of EO 12856, military departments are covered underithe auspices of the 1
Department of Defense, a Federal agency. This means that the entire base, regardless of
whether multiple DQD organizations conduct operations on the property, is one facility for
the purposes of EPCRA reporting, and quantities of toxic chemicals! would be aggregated
across the facility to determine activity thresholds. DOD is ultimately responsible for
ensuring that all non-exempt releases and off-site transfers of the reportable toxic chemical are
accounted for in the individual Form R reports. ' ,
D. Multi-Agency Federal Facilities ;-.
25. Who is responsible for EPCRA section 313 reporting when multiple Federal agencies
conduct reportable activities (manufacture, process, or otherwise use toxic chemicals in
excess of the activity thresholds) at buildings located on one site? For example, the State
of Washington owns land and leases buildings to NASA and DOE. DOE is the lessee and
sole operator of Building A. NASA is the lessee of Building B; however, DOD and DOT
also conduct reportable activities in Building B. DOD's and DQT's operations are not in
support of NASA. Are NASA, DOE, DOD, and DOT considerecl separate facilities?
'--"_.' '= "i
Yes. When multiple Federal agencies manufacture, process or otherwise use toxic chemicals
in excess of threshold amounts at buildings located on one site, each Federal agency is
responsible for activities conducted by, or solely for, that Federal agency. In the above
example, NASA, DOE, DOD, and DOT are all engaged hi separate; activities at one site.
Each of these agencies would be considered an operator of a separate facility, and would
, separately determine chemical activity thresholds and report releases if appropriate.
26. Who is responsible for reporting under section 313 when a Federal agency leases
property to one or .more other Federal agencies? For example, Ithe General Services
Administration (GSA) owns an office park where five different Federal agencies (e.g.,
USDA, HHS, DOJ, HUD, EPA) lease five separate buildings.
- - " l! "
Under section 313, the owner or operator of a facility is responsible for threshold
determinations, release calculations, and appropriate reporting. According to 40 CFR
372.38(e), if any owner has only a real-estate interest in the property, then the reporting
burden falls to the operator, who typically has the knowledge of thej toxic chemicals used at
the facility. In the above example, if GSA (or another Federal agency) leases property to one
or more Federal agencies, and GSA has only a lessor relationship w)th those agencies, each
tenant Federal agency would be responsible for performing separate threshold determinations .
and release calculations under EPCRA section 313. If GSA has more than a landlord interest
in the property, then GSA would consider the use of toxic chemical!? by its tenants in its
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threshold determinations. Once thresholds are exceeded, GSA may choose to file one Form R
for the entire facility or the tenants may file separate reports. " ! .
27. If one Federal agency is the primary tenant of a site, and it and other Federal
agencies conduct operations on that site, how do those agencies meet EPCRA
requirements for the site? ' . ..
The primary tenant of the site is responsible for reporting under EPCRA if the other agencies'
activities on that site are in support of that primary tenant. If the activities conducted by the
other agencies on that site are independent of, and do rot support the primary tenant, then
each agency files its.own EPCRA reports. ; ,
E. Applicability to Government-Owned, Contractor-Operated (GOCO) Facilities
28. Does Executive Order 12856 require non-manufacturing contractors at GOCO
facilities to comply with EPCRA section 313 just because Federal facilities must comply
without regard to SIC code?
No. EO 12856 does not create new or different legal obligations for private parties'to report
under EPCRA. However, a GOCO facility is also a Federal facility for the purposes of the
Executive Order and may have contractual obligations to provide the Federal agency with the
information the agency needs to fulfill reporting obligations under this Executive Order.
Ultimately, it is the Federal agency that owns the facility and is responsible for ensuring
compliance. . , ' i, ......
29. What if the contractor at a GOCO facility conducts operations that meet all of the
EPCRA section 313 reporting criteria except for the SIC code classification. Dbes that
Federal facility still have to report? '
Yes. The Federal facility must report, not the contractor. EO 12856 makes .EPCRA section
313 applicable to Federal facilities without regard to SIC code. The Executive Order also
requires each Federal agency to include the releases and off-site transfers from GOCO
facilities when meeting the Federal agency's reporting responsibilities. !
30. A GOCO facility produces electrical components under contract to the U.S. .
Department of Energy (DOE). The GOCO contractor conducts all of its activities on
property owned by the U.S. Department of Defense (DOD). Although the contractor
leases DOD property, it provides no goods or services to DOD. Must DOD or DOE
include the contractor's uses of toxic chemicals when performing threshold
determinations under EPCRA section 313?
The determination of which agency is responsible for meeting section 313 requirements
depends on the interest of those agencies involved. According to 40 CFR 372.38(e), the
owner of a covered facility (DOD in this example) is not required to comply with EPCRA
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- " " ' - * . "" ' r '
section 313 requirements if its interest in the facility is limited to ownership of the real estate
upon which the facility is operated. !
If the contractor is the lessee as stated in the question, then DOE does not need to evaluate
the contractor's activities because the activities are not being performed at a. DOE facility. If
the contractor's operations are covered within SIC codes 20 through 39, and the contractor
has more that 10 full-time employees, the contractor will need to perform threshold
determinations and be responsible for submitting a Form R report for each toxic chemical
manufactured, processed, or otherwise used in excess of applicable thresholds.
r ' ' 'j' v " ' "** - *
31. If a Federal facility has a laboratory on its grounds, is the Federal facility required
to report on the laboratory's operations? |
If a toxic chemical is being used in a laboratory for research under the supervision of a
technically qualified individual, the quantity of the toxic chemical may be exempt from
threshold determinations and release reporting under the "laboratory activities" exemption.
However, if the Federal facility determines that a significant quantity,of the chemical is being
used in an. exempt activity, the facility should consider whether taking the exemption is
consistent with the spirit of EO 12856. - j -''-'..'
32. Executive Order 12856 does not alter a GOCO facility's responsibility to report
under EPCRA section 313. As a result, EPA may receive two Form R reports that cover
the same releases for a toxic chemical one from the Federal agency and the other from
the government contractor operating at that Federal facility. Has EPA developed a
method to avoid double-counting these releases when data are entered into the TRI data
'base? .- '' ' - _ ' ' ' ' ". . '-.-.;.".
.'"'- ' -. 'i
Yes. EO 12856 does not alter a GOCO contractor's reporting responsibilities under EPCRA.
Contractors will still be required to submit Form R reports if SIC code, full-time employee,
and chemical threshold criteria are met. EPA will avoid the potential for double-counting
caused by GOCO contractors and Federal agencies reporting for the! same facility through
programming changes to the database and associated search structure, or by entering only the
more comprehensive, Federal facility data into the TRIS database. (GOCO contractor data
would be maintained for compliance and .enforcement purposes.) j
To help ensure that Federal reports and corresponding GOCO reports are properly identified,
EPA is requesting that the Federal agency and contractor staff follow certain procedures to
distinguish the Federal facility's Form R reports from the contractor's Form R reports. In
particular, Federal facilities and contractors must complete Part I, section 4.1 of the Form R
in a specific fashion. For example, part of a Department of Energy; facility in Anytown,
North Dakota, is operated by a contractor that has a legal obligation to report under EPCRA
section313. In section 4.1, Facility or Establishment Name, DOE would enter: U.S. DOE
Anytown Plant. In filling out a separate Form R, the.:contractor would enter:, U.S. DOE
Anytown Plant - contractor name, in section 4.1. " L .
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In addition, a Federal facility will be asked to submit copies of the contractor's Form R
reports along with the Agency's Form R reports. If a Federal facility is unable to obtain the
contractor's Form R reports, the facility must, at a minimum, provide the following;
information in a cover letter: ^ . ;
Contractor name; :
Contractor's technical contact; and ' ,
Contractor's TRI facility name and address.
F. National Security Exemption
33. May a Federal agency that is concerned with national security be exempted from
complying with EO 12856?
No. A Federal agency may not have all of its facilities exempted from the requirements of
EO 12856; only a "specified site or facility" may be exempted. In the interest of national
security, the head of a Federal agency may request a site-specific Presidential exemption by
following the procedures set forth in section 120(j)(l) of CERCLA. Such exemptiohs'must be
renewed for each individual site or facility yearly, and Congress must be notified. ; .
34. How long does a national security exemption last?
A national security exemption may last up to one year., . " I
35. A Federal facility has determined that the identity and storage location of 5 of 12
chemicals on the Tier II report required by EPCRA section 312 would compromise
national security pertaining to chemical weapons. Submission of EPCRA section 313
Form R reports, however, will not compromise national security. Should the facility
request a national security exemption for all of the EPCRA reporting requirements?
No. The national security exemption provision in section 6-601 of EO 12856 permits the
head of a Federal agency to request from the President a facility- or site-specific exemption
from any or all requirements of EO 12856 when such an exemption is determined to be in the
interest of national security. EO 12856 further states that Federal facilities should comply
with the Executive Order to the maximum extent practicable, without compromising national
security. For these reasons, the head of the agency (e.g., the Secretary of Defense) may
request a Presidential order exempting the installation "from EPCRA section 312 reporting
requirements pertaining to the five chemicals, but the installation would not have grounds for
exemption from the other portions pf EPCRA. ,
J \
36. Some Federal facilities use the Hazardous Materials Information System (HMIS)
database of Material Safety Data Sheets (MSDSs). Several MSDSs are marked "For
Official Federal Government Use Only," and the information on the MSDS so niarked is
unavailable to the public. Should a Federal facility using a product for which a supplier
has submitted an MSDS with "For Official Government Use Only," mark on the Form R
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that the product's composition is a "trade secret" under EPCRA or subject to a national
security exemption? i
A product containing a listed chemical for which a supplier submits} an MSDS marked "For
Official Federal Government Use Only" is not necessarily a "trade secret" under EPCRA or
subject to a national security exemption. The Federal agency head jmust assess the facility-
specific use of the product and the listed chemical or chemicals in i|t against the criteria for
determining whether these exemptions are applicable.
Under EPCRA, ;a facility or supplier may claim only the identity of the.reportable chemical as
a trade secret. If a facility claims - either for itself or its supplier;- that a chemical's
identity is a trade secret, the facility must submit two versions of thie Form R and two
versions of the substantiation form prescribed in 40 CFR 350. An !"unsanitized" set of forms
should give the actual name and concentration of the listed chemical. The "sanitized" version
should give only a generic identity of the listed chemical. If EPA finds that the trade secret
claim is valid, the Agency will make only the "sanitized" set of forms available to the public.
Under EO section 6-601, the head of a Federal agency may request a yearly national security
exemption for a use of a listed chemical at that facility by following^ the procedures set out in
CERCLA section 120(j)(l). This .request must be specific to the facility, and may request
relief from the obligation to comply with any of the requirements of EO 12856. EO 12856
does not require a Federal facility to submit classified or national seicurity information to
EPA, to states, or to tribes; nor should a Federal facility submit thalt information to those
governmental entities. - ;
' ' ' - _ . , .- i. -, ' ,
37. Under the authority of EPCRA section 323, a physician requests the specific
chemical composition of a chemical used by a Federal facility. The exact composition of
the chemical is considered national security information. Is the [Federal facility required
to provide the chemical composition to the doctor? i
If the chemical composition of a particular chemical is considered national security
, information, a Federal facility does not have to divulge the information, as long as the
information has been exempted under Executive Order 12856, section 6-601. Under this
national security exemption-, the facility would not have to provide the exact chemical
composition to anyone who does not have proper security clearance]
G. Other Issues *y ; .
' ' ''
38. Will chemicals be added to or subtracted from the EPCRA foxfc chemical and
extremely hazardous substance lists? ;
Yes. The EPCRA lists have evolved since the statute was passed ini 1986. As more
information has become available on the hazards and toxicity of chemicals, EPA has, -
responded by identifying chemicals to be added to or taken off the EiPCRA lists; EPA expects
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994
to continue this activity. When chemicals are added to or taken off the EPCRA lists, EPA
always publishes a notice hi the Federal Register. The trade press" also reports changes to the
EPCRA lists. .";-'
39. How does a Federal facility determine what toxic chemicals it has on-srie?
There are many ways a Federal facility can identify the toxic chemicals it has on-site. -Here
are some: (1) look for Material Safety Data Sheets (MSDS); (2)"lpok at acquisition and
procurement records; (3) examine existing environmental permits; (4) review process
engineering records; and (5) look at chemical composition sheets provided by suppliers.
40. To what entities does a Federal agency operating a facility on Tribal lands report
under EPCRA sections 302-313? ;
A Federal agency operating a facility on Tribal lands for which the agency must meet EPCRA
section 313 requirements should submit its Form R reports to the U.S. EPA and the,Chief
Executive Officer of the applicable Indian tribe. If the tribe has entered into'a cooperative
agreement with a State, then the facility must submit the report to the receiving entity .
designated in the cooperative agreement. , ' ;
Under EPCRA sections 302-312, a Federal agency should submit its reports to the SERC or
TERC (whichever is designated by the Governor, the LEPC (this maybe a Tribal entity), and-
the local fire department.
41. Do Federal facilities have to account for releases of toxic chemicals contained in fuel
that is under active shipping papers?
No. Except for the emergency notification requirements of section 304, EPCRA does not
apply to the transportation of toxic chemicals. This includes toxic chemicals stored incident
to transportation (EPCRA section 327). ' !',''-
42. What is the difference between the terms "toxic chemical" and "toxic pollutants"?
The term "toxic chemical," as used in EO 12856, means any substance listed under;section
313(c) of EPCRA. (See 40 CFR 372.65.) "Toxic pollutants," as defined in EO 12856,
include toxic chemicals as well as any of the following: "extremely hazardous substances"
defined by section 329(3) of EPCRA; hazardous wastes defined under the Resource'
Conservation and Recovery Act (RCRA); hazardous air pollutants under the Clean Air Act
(CAA); or, other chemicals, provided that'the Federal agency lists these pollutants in its
August's, 1994 strategy and makes yearly public reports on agency progress in reducing the
chemical's use and release. The term "toxic pollutants" does not include hazardous waste
that resulted from remedial action before the date of this order (section 2-207). :
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II. EPCRA SECTION 313 AND POLLUTION PREVENTION ACT REPORTING
(EO ง3-304) !
A. Form R Requirements !
r - ' i . ,
43. What Federal facilities are subject to EPCRA section 313 reporting under EO
12856? i
- - - - i ; - ,j '.-,- . -
According to Executive Order 12856, EPCRA. section 313 applies to" each Federal facility,
both gov^rnment-owned/government-operated and governrnent-owned/contractor-qperated,
that has 10 or more full-time employees (equivalent of 20,000 hours per year); and meets or
exceeds the "manufacture" or "process" or "otherwise use" thresholds for any toxic chemical.
44. Is a Federal facility meeting the employee hours and "manufacture, process, or
otherwise use" thresholds required to report if it had no release;; of toxic chemicals
during the calendar year? ! .."''
- ' I ".'"-.' '~ ":' ~
Yes: The requirements for reporting under section 313 are'based only on the number of
employees and the quantity of a toxic chemical that was manufactured, processed, or :
otherwise used during the calendar year. The amount of toxic chemical released does not
affect the reporting requirements (except'in the case of exemptions ifbr articles). The facility,
would report "zeros" or "NA" (not applicable), in the release estimate sections of the Form.
' , - - j . . . .
45. Other than those chemicals on the EPCRA section 313 list, for what chemicals do
Federal facilities have to report? j . .
None_. Reporting on any non-listed chemical is voluntary. However, if a Federal agency
wishes to submit a report voluntarily for chemicals not on-the EPCRA section 313 list, and
wishes to include the chemicals in its 50 percent reduction goals, the agency must have :
identified the non-Jisted chemicals in its pollution prevention strategy (which the. agency
should have submitted to EPA by August 3, 1994). '
' . - ' - " - ' ! . ": '-."''.'
46. Should a Federal facility submit a Form R report for a chemical other than one on
the EPCRA section 313 list if it would like the additional chemicals included in the
agency's 50-percent reduction goal? I
, A Federal facility may submit a'Form R report for chemicals other than those listed under
EPCRA section 313, if the agency has identified'the non-listed chemicals in its pollution
prevention strategy. However, the Executive Order does not require the agency to file a
Form R for these non-listed chemicals. The Form R should be used only if the information
^concerning the non-listed chemical can be represented adequately ori the Form R (e.g., the
releases can be represented in pounds/year not in some other units).! ,
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47. If a Federal facility voluntarily submits a Form R report for a non-listed toxic
pollutant, what chemical identity should the facility use in Part II, Section 1 of the Form
R report? ', '
When a Federal facility reports on releases of a toxic pollutant that does not appear on the
EPCRA section 313 list of chemicals, a facility should use either the specific Chemical
Abstract Service (CAS) number and the chemical name for that CAS number found in the 9th
Collective Index; or the CAS number and the most commonly used chemical name.
Whatever name the facility uses must be consistent with the name used on the agency's
pollution prevention strategy. ; :
48. How should a Federal facility report its facility name on the Form R report?
A Federal facility should report, its facility name on page one of the Form R reports (Section
4.1). It is very Important that the Federal agency name precede the specific plant orl site
name, as shown hi the following example: : ' i
I
U.S. DOE Savannah River Site ,
A GOCO contractor at a Federal facility should report its names as shown in the following
example: _:'_'
U.S. DOE Savannah River Site - Westinghouse Operations
49. To complete Part I, section 4.1 of the Form R, a Federal facility should enter "U.S."
and the Federal agency acronym. (For example, the Department of Energy's Hanford
site would be identified as "U.S. DOE Hanford.") How do Federal agencies wrth
identical acronyms, like the Departments of Treasury and Transportation, identify
themselves on the Form R ? I
To complete the site name in Part I, section 4.1 of the Form R, each Federal agency should
use an acronym or other identifier that is unique to that agency. For example, because the
Department of Transportation is commonly called "DOT" and the Department of the Treasury
is commonly called the "Treasury," the Department of Transportation could use "UjS. DOT
(site name)," and the Department of the Treasury could use "U.S. Treasury (site narne)," in
Part I, section 4.1 of the Form R. Note that all reporting facilities within a Federal agency
must use the same agency identifier.
i
50. For Part I, section 4.5 of the Form R, how should Federal departments and agencies
determine the SIC code(s) for reporting activities being performed at Federal facilities?
Federal facilities should use SIC codes that most accurately characterize the activities being
performed at the facility. The Form R allows six different SIC codes to be reported in Part I,
section 4.5. For example, a ranger station and air field operated by the U.S. Department of
Agriculture has a mission of servicing aircraft used for fighting fires. This facility should list
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both SIC code 4581 (airports, flying fields, and airport terminal services) and SIC code 0851
(forestry services) in Part I, section 4.5 of the Form R because these SIC codes best describe
the activities being performed at the facility. " ' - "
51. Within military installations, all mail is delivered to and distributed within these
installations by specialized mail codes, zip codes, or both. If a facility has no street
address, how should the Federal facility complete the street address data element within
Part I, section 4.1? . - i .
- ' "I " -."
The Federal facility should report whatever identifier is used to identify the physical location
as the facility address (e.g., 3 Miles south of 1-30 and 1-95). If the!facility receives no mail "
at this location, the facility should report the mailing address information in the space
provided in Part I, section 4, 4.1. ]
' - i
52. How should a Federal facility begin tracking releases, on-site waste management and
source reduction activities, and off-site transfers involving reportable toxic chemicals?
Federal facilities can access much of the information needed to calculate releases on-site
Waste management activities (i.e., disposal, treatment, recycling, and energy recovery) and
off-site transfers from sources at the site. .For example,.a release through an air stack or to a
receiving stream may be estimated from the appropriate air and water permits. Permit
applications may also include the mathematical equations that were used to calculate .permitted
release-amounts. These equations potentially could be modified and! used to calculate releases
for section 313 reporting purposes. Reaction equations and engineering notes also may
provide a good source of information for release calculations and on-site waste management
activities. For off-site transfers, annual or biannual RCRA reports provide an excellent
source of information. These reports refer to specific hazardous wake manifests From the
manifests, off-site transfers can be estimated. Invoices and shipping; receipts are essential if a
reportable toxic chemical that is not a' RCRA waste, is sent off-s.ite for recycling or disposal.
B. Employee Threshold !
- - . - ^ -|-_. ^ . ,
53. How does a Federal facility determine if it has met the 10 or more full-tune
employee threshold under section 313?
')''.'' ' .
A "full-time employee" for the purpose of section 313 reporting, is (lefined as 2,000 work-
hours per year. In other words, if the total number of hours worked by all employees is
20,000 hours or more, the Federal facility meets the "full-time employee" threshold.
I".
-- --,.-_ - I-
54. Does the full-tune employee determination include the hours worked by field,
clerical, or professional staff whose office is in the same building as the production staff
actually using the toxic chemical? I
' - "- ' ' - 1 ' '
Yes. The facility must count all hours worked by all employees toward the facility's
employee determination, regardless of where the employees are on trie facility grounds.
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Hours worked off-site by administrative support or other staff employed by the facility also
count toward the facility's employee determination if such work is performed for the benefit
of the facility. The facility also must count any hours worked on-site by the facility *
contractors.
C. Activity Threshold Determinations !
55 The Postal Service is prohibited from opening any of the mail that it processes. Will
EPA assume that the Postal Service should have known that a toxic chemical was present
at the facility? Is the Postal Service required to include in its threshold determination
those quantities of a toxic chemical at its facilities when those chemicals are present only
in the mail being processed at the facilities? i .
No The Postal Service need not include in its threshold determinations the quantities of toxic
chemicals that are present in the mail being handled at its facilities. The Postal^ Service s
activities in handling the mail are not "manufacture, process, or otherwise use. ;
56. An agency performs different activities at one location. For wMct activities i should
the agency count quantities of any toxic chemical in making its section 313 threshold
determinations? :
All quantities of section 313 chemicals "manufactured, processed, or otherwise used" in all
non-exempt activities at a facility should be counted in threshold determinations . |
I
57 If a Federal facility manufactures 19,000 pounds of a toxic chemical and imports
another 7,000 pounds of that same chemical during the reporting year, is the facility
required to report for this chemical?
For the
, the Federal facility would have exceeded the manufacture "~
[19,000 manufacturing] + [7,000 importing]- 26,OQO) for this
chemical. Note that importing is the equivalent of manufacturing, and therefore the two
"manufactured" quantities must be added for threshold determinations. : .
58 If a Federal facility's supply system imports a toxic chemical in excess of a threshold
imlount, is the facility required to report releases of that toxic chemical under section
313? ' \ ' ' /."."" ''.'- :
Yes Under the authority of EPCRA section 313, EPA defines "manufacture" to mean
produce prepare, compound, or import (40 CFR 372.3). If a Federal facility causes more
ta25 000 ?ounds of a toxic chemical to be imported, it has exceeded the "manufacture
teLho Id and is subject to the release reporting requirements for that toxic chemical. A
faciUty would "cause" a toxic chemical to be imported by specifically requesting a product
Icon ling *e toxic chemical) from the a foreign source or requesting a product known to be
Sy arable from a foreign source. If, after receipt, the Federal facility processes 25
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994
thousand pounds or otherwise uses 10 thousand pounds of that chernical, then the Federal
facility must report releases of that chemical. . j ""
59. If a toxic chemical is purchased in the U.S., shipped out of the country to a U.S.
facility located overseas, and then brought back to the U.S., is tihis toxic chemical
"imported?"
As long as a toxic chemical remains under U.S. government control, although it may leave
the country and later re-enter, it is not "imported" for purposes of EO 12856.
60. If a Federal facility buys 10,000 pounds of a listed chemical! in 1993 and creates a
mixture, (for example a metal cleaning bath), and then uses theibath in 1993 and 1994,
how does it determine section 313 thresholds for each year?
In this situation, the section 313 threshold applies to the total amount of the chemical
"otherwise used" during the calendar year. For the first year (1993), the Federal facility
would count'the entire 10,000 pounds of the toxic chemical and any! amount added to the bath
during that year toward the "otherwise use" threshold. During the second year (1994), only
the amount of the chemical added to the bath during that year would be counted toward the
section 313 "otherwise use" threshold determination. ~
61. Are warehouses subject to the threshold determinations of section 313?
Warehouse operations can require threshold determinations. Threshlplds^are based on
. manufacture, process, "or otherwise use of a toxic chemical at the facility. Repackaging (e.g.,
pouring the contents of a 55 gallon drum into smaller containers) at ia warehouse is considered
processing and the repackaged quantities of the toxic chemicals must be counted in the
facility's "process" threshold determinations; Simply receiving, stonrig, relabelling,
distributing, or feshipping already pre-packaged quantities from a shipment of such packages
is not considered "manufacture, process, or otherwise use." . !. ' ' '
62. A Federal agency is remediating a toxic chemical that was released a number of
years earlier. Must the Federal facility include the toxic chemical being remediated in
threshold determinations, release calculations, and reporting? '! '
Quantities of remediated toxic chemicals are not included in section |313 threshold
determinations, because remediation is not "manufacturing, processing, or otherwise use."
However, if the Federal facility engages in other activities involving the same toxic chemical,
and exceeds the manufacturing, process, or otherwise use thresholds for the chemical; the
facility must report releases, transfers, or other appropriate quantities of that toxic chemical
that occur as a result of the remediation activities. Also chemicals used in the remediation
process must be counted toward threshold determinations. ''(.'.
63. A reportable solvent is used to de-ice runways at a Federal faculty with 10 FTEs.
The same reportable solvent is also being remediated from the soiland ground water at
that facility. The remediated reportable solvent is mixed with water and is then also
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used to de-ice runways at the facility. Should the facility account for the remediated
reportable solvent when the reportable solvent meets a manufacture, process, or
otherwise use threshold elsewhere at the faculty? , " .
Yes. A Federal facility must include toxic chemicals that are remediated and then further
used at the facility or distributed in commerce in its threshold determinations and release -
calculations. Because the facility further uses the reportable solvent recovered as a result of
remedial actions, the facility must include that quantity when performing threshold
determinations and release calculations, just as it would consider including purchased
reportable solvent.
64. A Federal facility melts down submarines and sells or further uses the constituent
metals. These constituent metals contain toxic chemicals. Should the facility include the
toxic chemicals in these metals in its threshold determinations?
Yes. A Federal facility that melts down submarines and sells or further uses the constituent
metals that contain toxic chemicals is "processing" the toxic chemicals in those metals for
further distribution in commerce. (The facility could also "otherwise use" the toxic chemical
if, for example, tools were made from the metal for use on-site in production operations.)
Therefore, the toxic chemicals in these metals should be included in the facility's threshold
determinations. If the facility meets or exceeds an activity threshold for one or more toxic
chemicals, and meets other reporting requirements, then that facility must report all releases
and off-site transfers of the toxic chemicals on the Form R.
65. A private contractor conducts recycling operations involving toxic chemicals on-site
at many Federal faculties. The contractor conducts these operations under contract to
the Federal facilities, but the contractor owns and operates the equipment. Must a
Federal facility consider operations like this in making threshold determinations and
release calculations for section 313 toxic chemicals, if the Federal facility does not own or
operate the stationary items used in the recycling operations?
Yes. A Federal facility should include the toxic chemicals used in operations of contractors
under its control in threshold determinations and release reporting for section 313, even if the
Federal facility neither owns or operates the equipment used in the contractor's operations. In
the above example, the private contractor, under contract to the Federal facility, conducts
recycling operations involving toxic chemicals on-site at a Federal facility, and uses
equipment that the contractor owns and operates. The contractor is under the control of the
Federal facility, and the facility should include the toxic chemicals used in the contractor's
operations in facility threshold determinations and release reporting.
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66. A Federal fadlity allows a company to apply waste oil containing a toxic chemical on
unpaved roads to control dust. Does the facility have to consider tide quantity of a toxic
chemical applied in the waste oil for its threshold determinations and release
calculations? i
Yes. In its threshold determinations and release calculations., the facility would include the
quantity of any toxic chemical contained in the waste oil applied to i its unpaved roads to
control dust, because the facility is otherwise using the chemical. Even though the waste oil
is used to. maintain a structural component of the facility, the oil is not a product that is
. available in a similar type or form as a consumer product. !
67. A large Federal facility has a petroleum bulk terminal for sitoriing fuel; the fuel
contains some listed toxic chemicals and is later transferred to containers for use at other
parts of the facility. Although this transfer is "repackaging," the facility does not
distribute the fuel in commerce. Must a facility count the quantity of a toxic chemical
toward the processing threshold if the chemical is not distributed in commerce?
No. Quantities of toxic chemicals that are "repackaged" but not distributed in commerce, do
not meet the definition of "processed" and should be excluded from! threshold determinations.
However," if the fuel is used on-site in a non-exempt activity, the toxic chemical needs to be
included in threshold determinations. Therefore, if the facility excejeds the "otherwise use"
threshold for a toxic chemical in the fuel, transfer losses from this prepackaging" step are
reportable releases. '
68. Are the toxic chemicals contained in fuel used to refuel an skircraft operated by a
Federal facility exempt from threshold determinations and release reporting?
Yes. Toxic chemicals contained in fuel used to refuel an aircraft thkt is operated by a Federal
facility are exempt from threshold determinations and release calculations because of the
"motor vehicle maintenance" exemption. EPA recommends, however, that facilities look at
both the scale of the activity and the quantity of toxic chemical used and consider the
leadership option of reporting toxic chemicals contained in fuels if the quantities of those toxic
chemicals exceed the 10,000-pound "otherwise use" threshold. ij
69. Is the use of ethylene glycol to de-ice wings of aircraft operated by a facility exempt
from the requirements of EPCRA section 313 under the "motor jveMcle maintenance"
exemption? * ' |
Yes. The use of ethylene glycol to de-ice wings of aircraft operateo" by a Federal facility is
considered to be a form of motor vehicle maintenance. Because of the "motor vehicle
maintenance" exemption, the ethylene glycol, is exempt from the requirements of EPCRA
section 313. EPA recommends, however, that Federal facilities consider the leadership option
of reporting toxic chemicals. . ; -
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D. Reporting Exemptions
General . . :
70. Do the exemptions available under EPCRA section 313 apply to Federal facilities?
The exemptions listed under EPCRA section 313 apply to Federal facilities in exactly the
same way as they apply to industry. EPA recommends, however, that Federal facilities
consider the leadership option of reporting toxic chemicals that qualify for EPCRA section
313 reporting exemptions. - - ; .
Articles
71. Is the lead contained in batteries exempt from threshold determinations and release
reporting under EPCRA section 313?
Under 40 CFR 372.3, an "article" is "a manufactured item which: (1) is formed to a specific
shape or design during manufacture; (2) has end use functions dependent in whole or in part
upon its shape or design during end use; and (3) does not release a toxic chemical under
normal conditions of processing or use of that item at the facility or establishment." |. If a
battery containing lead is used as an "article,", and there are no releases of lead from the
battery, then the lead would be exempt under the "article" exemption (40 CFR 372.38(a))
from threshold determinations and release reporting. \
72. A Federal shipyard facility cuts port-holes into metal plates separated by seams.
The plates contain nickel, and cutting them releases fumes. The facility then produces
grindings when it further grinds the metal port hole to its final shape. For the plates to
retain "article" status under EPCRA section 313, total releases to all media must be less
than 0.5 pounds/year. Does this cut-off value apply separately to releases from each type
of "processing" or "otherwise use," or to aggregate releases from all "processing" or
"otherwise use" of the same type of item?
The 0.5 pounds/year release cut-off value applies to aggregate releases from the same type of
item being processed or otherwise used in any manner at the facility. This value applies to
the total aggregate releases of the toxic chemical from both steps of the process:. Therefore,
to reach the 0.5 pounds/year value, a facility should add any releases from grinding to those
from cutting.
De Minimis
73. A Federal facility "otherwise uses" toluene, a toxic chemical, in two ways. In one
"otherwise use," toluene is in a product below the de minimis level, and is therefore
exempt from threshold determinations and release reporting under EPCRA section 313.
In the second "otherwise use," toluene is in a product in an amount greater than the de
minimis level and is used in excess of the 10,000-pound "otherwise used" threshold.
Because the facility must prepare a Form R for toluene, must the facility report all of the
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releases and off-site transfers in the report, including those thait qualified for the "de
minimis" exemption? ;
No. If a facility has multiple uses of a single toxic chemical, and cine of those uses meets the
criteria for an exemption, then the quantity of the toxic chemical tbjat meets the criteria for the
exemption is exempt from threshold determinations and release reporting requirements,"In the
above example, the facility must file a Form R for toluene and musit report all releases and
off-site transfers of toluene that result from all non-exempt uses of] the chemical.
Laboratory Activities ; '
74. Are laboratories exempt from EPCRA section 313 reporting?
Not necessarily. The type of the laboratory activity and conditions junder which the activity
occurs determine whether the quantity of a toxic chemical manufactured; processed, or
otherwise used qualifies for the "laboratory activities" exemption. Agency managers should
not assume that quantities of toxic chemicals are automatically exenipt from section 313
requirements because the facility has "laboratory" in its name. The!"listed chemical must be
used directly in, or produced as a result of, a laboratory activity at the Federal facility; and
the manufacture, process, or otherwise use of the listed chemical must occur-under the
supervision of a "technically qualified individual" as defined in 40 CFR-720.3 (ee). Non-
exempt activities include support.activities such as the use of toxic (bhernicals used to clean
laboratory glassware and maintain laboratory equipment. Toxic chemicals in pilot plant scale
operations, laboratories that produce specialty chemicals, and activities conducted outside the
laboratory (e.g., wastewater treatment, photo processing) are not exempt".
75. A laboratory (e.g., quality control, area control, etc.) is paijt oiF a Federal facility.
Are the toxic chemicals associated with the laboratory activities exempt from the
threshold determinations and release reporting requirements of Lection 313, even if the
facility as a whole is not exempt from section 313 requirements?
Under authority of EPCRA section 313, EPA issued a "laboratory activities" exemption (40
CFR 372.38(d)) that applies to quantities of toxic chemicals manufactured, processed, or
otherwise used in a laboratory for quality control, research and development, and other
laboratory activities. The quantities of toxic chemicals associated with the laboratory
activities are exempt from threshold determinations .and release reporting as long as the
chemicals are:
Used directly in, or produced as a result of, a laboratory'activity; -
, Manufactured, processed, or otherwise used under the supervision of a "technically
qualified individual" as defined under 40 CFR 720.3(ee); arid
Not part of specialty chemical production or pilot plant scale activities.
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If a laboratory is part of a larger facility, only those toxic chemicals used in covered
laboratory activities can be considered for the exemption. A facility must still determine if
quantities of toxic chemicals used in other activities, trigger any activity threshold (i.e.,
manufacture, process, or otherwise use).
76. A Federal facility sends samples of manufactured products containing toxic i
chemicals to an on-site laboratory for quality control purposes. Are the quantities of the
toxic chemicals contained in the samples exempt from the facility's EPCRA section 313
threshold determinations as a result of the "laboratory activities" exemption (assuming all
other "laboratory activities" exemption criteria are met)?
No. Under section 313 of EPCRA, Federal facilities are required to include in their threshold
determinations any quantity of a toxic chemical that is manufactured, processed, or otherwise
used. The "laboratory activities" exemption (40 CFR 372.38(d)) only applies to the toxic -
chemicals used within the laboratory setting, not to the on-site manufacturing, processing, or
otherwise using (and associated releases) of the toxic chemical prior to the time the sample
was sent to the laboratory.
77. Are the toxic chemicals used in the following marine engine testing operations
exempt from threshold determinations or release reporting requirements of EPCRA
section 313 under the "laboratory activities" exemption: (a) testing production engines
intended for sale in specialized engine test cells; (b) testing engines for research and
development purposes in specialized engine test cells; (c) testing for research and
development purposes in open water bodies?
Yes. All of the noted operations are considered "product testing," and the toxic chemicals
used in the "product testing" are exempt from the threshold determinations or release
reporting requirements of EPCRA section 313 under the "laboratory activities" exemption.
78. A toxic chemical is used in an experiment at one Federal facility (in a manner
consistent with the "laboratory activities" exemption criteria) and is moved to another,
non-contiguous facility to continue the experiment. The toxic chemical used in both
laboratory activities meets the criteria for claiming a "laboratory activities" exemption
under EPCRA section 313. Can the toxic chemical be moved from one facility to
another to continue an experiment and remain exempt under the "laboratory activities"
exemption for threshold determinations and release reporting?
Yes. If a Federal facility conducts experiments using a toxic chemical, and that toxic
chemical is moved from one laboratory to another laboratory at a different facility to continue
the experiment, the quantity of the toxic chemical used in the experiment is exempt from
threshold determinations and release reporting if both laboratories' activities qualify under the
EPCRA section 313 "laboratory activities" exemption (40 CFR 372.38(d)).
79. A research laboratory at a Federal facility uses a toxic chemical in an experiment
that is carried out under the supervision of a technically qualified individual. Additional
quantities of the same toxic chemical are also used at the Federal facility for non-
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laboratory activities. Which quantities of the toxic chemical must be included in
threshold determinations and release calculations? ;
1- ' ~
The Federal facility may exclude the quantity of the toxic chemical: used in the exempted
laboratory activity from threshold determinations and release reporting. All other quantities
of the toxic chemical that are not included in the "laboratory activities" exemption and are not
otherwise exempt (e.g., routine janitorial and facility grounds maintenance) must be included
in threshold determinations.and release calculations. . j
80. A Federal facility tests specific components of a machinery! line. The facility's
functions include testing for durability of the engines, hydraulic systems, power trains,
electrical systems and transmissions; building prototypes of products; and qualitative and
quantitative analytical materials testing in a chemical laboratory. Because these activities
are test-, development-, and research-oriented, are the toxic chemicals used in these
activities eligible for the "laboratory activities" exemption? j -
Yes. Equipment and component testing are the equivalent of a laboratory activity: Thus, the
toxic chemicals used in these activities qualify for the "laboratory ictivities" exemption (40
GFR 372.38(d)) and are exempt from the threshold determinations land release reporting
requirements of EPCRA section 313.
81. The "laboratory activities" exemption under EPCRA section 313 does not apply to
"specialty chemical production." What is "specialty chemical production?"
"Specialty chemical production" is producing toxic chemicals in a laboratory setting and
distributing these chemicals in commerce, or using them in non-laltoratory activities at the
same Federal facility or elsewhere. For the purposes of compliance with EO 12856, the term
"distributed in commerce" includes shipping to other Federal or ncjn-Federal facilities.
Motor Vehicle Maintenance ,,
82. What activities related to motor vehicles are reportable under EPCRA section 313?
I
Chemicals used in the building or manufacture of motor vehicles are subject to section 313
requirements. The quantity of a toxic chemical used in motor vehicles that are operated by a
Federal facility is exempt from threshold determinations and releasb calculations. This
includes any product used in or on the vehicle to maintain or opentte the vehicle.
83. Must a Federal facility include the quantity of toxic chemicals in vehicle exhaust
emissions in annual facility release estimates under EPCRA section 313?
No. Toxic chemicals used to .maintain motor vehicles operated byjthe facility are exempt '
from threshold determinations and release calculations under the "motor vehicle maintenance"
exemption. The release or coincidental manufacture of toxic chemicals from an activity that
meets the criteria for an exemption are themselves exempt. Therefore, vehicle exhaust
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emissions should not be counted toward threshold determinations or release calculations if the
vehicle is operated by the facility. .
Personal Use .
84. Should quantities of toxic chemicals present in office supplies and similar products
be included in threshold determinations or release reporting under EPCRA section 313?
No. EPA does not require a covered Federal facility to account for quantities of toxic
chemicals in office supplies (e.g., correction fluid, copier machine fluids, etc.) when, the
facility performs threshold determinations or release reporting. Although toxic chemicals in
office supplies are not specifically exempt in the regulation, EPA interprets these items to be
personal use items and the chemicals contained in them are exempt from threshold
determinations and release reporting under the "personal use" exemption.
85. A printing shop within a Federal facility uses cylinders of ammonia gas in blueprint
machines. The shop uses a total of 12,000 pounds per year in this operation and does
not manufacture, use, or process any other quantities of ammonia. Is the quantity of
ammonia used in the blueprint machines equivalent to an office supply item and; exempt
from the reporting requirements of EPCRA section 313 because of the "personal use"
exemption?
No. Blueprint machines are not considered typical office supply items; and, therefore, the
chemicals used in them do not meet the criteria for the "personal use" exemption under
EPCRA section 313. (See 40 CFR 372.38(c)(3).) Because the Federal facility uses ;12,000
pounds per .year of ammonia, the facility exceeds the 10,000-pound "otherwise use" threshold
and must report for ammonia.
86. Military bases include areas designated for private housing and barracks. Can the
"personal use" exemption under EPCRA section 313 be applied to toxic chemicals used at
military housing (e.g.y heating oil, janitorial chemicals, pesticides)?
Toxic chemicals in products commonly'used at milifary.bases could be exempt from EPCRA
section 313 requirements for various reasons. For example, a toxic-chemical in heating oil
used solely for employee comfort is exempt because of the "personaluse" exemption (40 CFR
370.39(c)(3)). Chemicals in pesticides or fertilizers used to maintain.lawns or facility grounds
would be exempt under the "routine janitorial and facility grounds maintenance" exemption
(40 CFR 372.38(c)(2)). Chemicals in substances used to clean or disinfect showers or .
restrooms could also be exempt un4er the "routine janitorial and facility grounds
maintenance" exemption if the toxic chemical is present in a similar type or form as a
consumer product.
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Structural Component !
87. A Federal facility purchases wood pilings treated with cre!osote-tar to support its
piers. Gradually, the creosote, a toxic chemical, is released from the pilings into the
water. For purposes of complying with EPCRA section 313, is the creosote exempt from
threshold determinations and release reporting under the "structural component"
exemption?,
Yes. Releases of a toxic chemical from a structural component as! a result of .natural
degradation are exempt from threshold"determinations and release] reporting under EPCRA
; section 313. Because the pilings are incorporated into the facility'is structures (i.e., docks),
the creosote contained in the pilings is exempt as a structural component (See 40 CFR "'
372.38(c)(l).) ' . i .
88. If a Federal facility builds a new structure or modifies anjexisting structure on-site,
must the facility include toxic chemicals that are part of the nelw structure (e.g., the
copper in copper pipes) in threshold determinations and releast reporting under EPCRA
section 313?
No. Toxic chemicals that are incorporated .into the structural components of a Federal facility
(e.g. the copper in copper pipes) or that are used to ensure or improve the structural integrity
of a structure (e.g., paint) are exempt from threshold determinations and release reporting
requirements because of the "structural component" exemption (40: CFR 372.38(c)(l)). As a
result of the exemption, the Federal facility is also not required to/report the releases of toxic
chemicals that,result from "passive" degradation (degradation or corrosion that occurs
naturally in structural components of facilities).
89. A Federal .facility operates stationary cranes at a port. When painting the cranes,
volatile solvents are released to the atmosphere. Does the facility have to report these
releases under EPCRA section 313, or is such an activity exempt under the "structural
component" exemption?
The "structural component" exemption under EPCRA section 313 {40 CFR 372.38(c)(l))
applies to toxic chemicals that are structural components of the facility or that are used to
ensure or improve the structural integrity (e.g., copper in copper rjipes used for the plumbing
in the facility). If the cranes are fixed, then they would be considered part of the structure of
the facility. Painting conducted to maintain their physical integrity, therefore, (e.g., prevent
natural degradation) is consistent with the "structural component" exemption, even though
volatile solvents in the paint do not become part of the structure, j
90. Does the "structural component" exemption under EPCRAj section 313 apply
equipment which regularly suffers abrasion, such as grinding lyheels and metal-working
tools? What criteria can a Federal facility use to decide which jpieces of equipment are
structural components and which are not? " i'
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The EPCRA section 313 "structural component" exemption (40 CFR 372.38(c)(l)) would not
apply to grinding wheels and metal-working tools. Because of the nature of their use,, these
items are intended to wear down and to be replaced, which would be considered "active"
degradation. The "structural component" exemption only applies to "passive" or natural
degradation of structures and equipment .such as pipes.
Routine Janitorial or Facility Grounds Maintenance Use
91. An agency entity cleans prison cells as part of its routine janitorial practices. Are
the toxic chemicals used in these activities exempt from threshold determinations and
release reporting requirements under the "routine janitorial or facility grounds
maintenance" exemption of EPCRA section 313?
Yes Toxic chemicals used in routine janitorial activities, such as those contained in cleaning
products used when cleaning prison cells, are exempt under the "routine janitorial or facility
grounds maintenance" exemption from both threshold determinations and release reporting
requirements of EPCRA section 313, as long as the products are similar in type or
concentration to those available to consumers.
92. Are toxic chemicals used to maintain recreational components of a Federal facility
subject to EPCRA section 313 reporting requirements?
No Toxic chemicals used to maintain a facility's recreational activities (e.g., cleaning
swimming pools) are exempt from EPCRA section 313 threshold determinations and release
reporting requirements under the "routine janitorial or facility grounds maintenance
exemption (40 CFR 372.38(c)(2)).
93 A Federal training facility disinfects the bathroom floors of the barracks using a
cleaning solution that contains a toxic chemical. The cleaning solution is purchased in
50-gallon drums, but the concentration of the toxic chemical is exactly the same as the
concentration found in a consumer product. For the purposes of EPCRA section 313, is
the quantity of the toxic chemical in the solution exempt under the "routine janitorial or
facility grounds maintenance" exemption, or does the size of the container negate this
exemption?
A toxic chemical that is part of a cleaning solution purchased in a concentration sifcrto
available consumer products and used in routine janitorial activities, is exempt from EPCRA,
section 313 reporting requirements under the "routine janitorial or facility grounds
maintenance" exemption regardless of the size of the packaging.
94 Would all janitorial or other custodial activities performed at a Federal hospital
qualify for the "routine janitorial and facility grounds maintenance" exemption? In
particular, would toxic chemicals used to sterilize rooms and equipment be exempt from
the threshold determinations and release reporting requirements of EPCRA section 516.
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A Federal hospital that uses a product containing a toxic chemical! similar in type or
concentration to a consumer product may exempt the quantity of the toxic chemical from
threshold determinations or release reporting if the hospital, uses tfie product for janitorial
activities (e.g., cleaning hallways and rooms). However, products containing toxic chemicals
that are used at a Federal hospital to, sterilize equipment are subject to threshold
determinations and release reporting, because sterilizing equipment is considered an
operational or equipment maintenance activity not a routine janitonal activity.
Water Intake/Compressed Air Use '
95. Would a toxic chemical present in compressed air be exempt under the "intake
water and/or air" exemption under EPCRA section 313? Whajt if the same toxic
chemical is present in process emissions? j
The "intake water/air" exemption of EPCRA section 313 (40 CFR 372.38(c)(5)) exempts the
use of toxic chemicals present in air used either as compressed air! or as a part of combustion.
The quantity of toxic chemical in the compressed air would be exeimpt from threshold
determinations. If that same toxic chemical is present in air emissions only because it was in
the compressed air fed to a piece of equipment or process, then the toxic chemical would also
be exempt from release reporting requirements under EPCRA section 313.
Other
96. If a quantity of a toxic chemical meets the criteria for a reporting exemption under
EPCRA section 313, should it be included on the Form R report Part II, section 4.1:
Maximum Amount of the Toxic Chemical On-Site at Any Tune During The Calendar
Year? j
No. If a Federal facility uses a toxic chemical in a manner that meets the criteria for a
reporting exemption, that amount of the toxic chemical is exempt from" threshold
determinations and release reporting requirements. If a Form R report is required because of
other, non-exempt uses, exempted quantities should not be includefi in calculations for Part II,
section 4.1. '.-.,.!
E. Releases of the Chemical
97. Do the reporting requirements of EPCRA section 313 overlook the possibility that a
toxic chemical can lose its identity during a process that involves a chemical reaction? Is
a release simply the difference between process "input and output" volumes?
5
i
No. EPA recognizes that toxic chemicals may be consumed in a pjrocess. When some or all
of a toxic chemical is consumed during a process, mass balance (i.'e., the use of "inputs and
outputs" to calculate releases) may not be a suitable method for facilities to estimate releases.
Facilities are encouraged to use available monitoring data, emissions factors, or engineering
judgement whichever is most appropriate to calculate releases. .
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98. A Federal facility that produces electricity by burning coal stores the coal in an on-
site stockpile that is exposed to. the outside atmosphere. The facility meets one of the
activity thresholds for filing a Form R report for benzene, a toxic chemical. Because the
stockpiled coal contains benzene and is exposed to the outside atmosphere, must all the
benzene in the coal be reported on the Form R report as an onTsite release to land?
No. A Federal facility does not have to report toxic chemicals contained in an on-site
stockpile as an on-site release to land if the stored material is intended for processing or use.
However, any quantity of toxic chemical that escapes to the air or remains in the soil from the
stockpiled material (e.g., evaporative losses to air, material leached to the ground, etc.) must
be reported as an on-site release to the environment. Also, once a Federal facility meets the
criteria for filing a Form R report for a toxic chemical (such as benzene), all non-exempt
releases of that chemical at the facility are to be included in the Form R report. (Note:
Benzene is typically present in coal below the de minimis level and if this is the case, the
quantity of benzene in coal is exempt from threshold determinations and release reporting
under EPCRA section 313.) . ;
99. If a barge within a federal waterway is carrying cargo that contains a listed toxic
chemical that will ultimately be used by the facility, would releases of the chemical to air
or water from the barge that occur during storage or transfer operations be reportable?
Yes. Releases of the chemical to air or water from the barge must be included in release
calculations at the facility if reporting thresholds for the chemical at the facility are
exceeded.
100. Through natural migration, toxic chemicals released in prior years may shift
between environmental media. How is the migration of a toxic chemical between
environmental media considered for Form R reporting?
Natural migration between environmental media of a toxic chemical previously released to the
environment are not subject to the reporting requirements of EPCRA section 313. The initial
release of the toxic chemical to the environment during- the reporting year is reportable on the
Form R. However, the natural migration of the chemical between environmental media in
subsequent reporting years is not reportable. For example, seepage of a toxic chemical from
a landfill to groundwater does not have to be reported under EPCRA section 313. '
101. A Federal facility has a liquid waste stream containing a reportable toxic chemical
that is incinerated on-site. The incineration is 99.9 percent efficient in destroying the
reportable toxic chemical. The remaining 0.1 percent of the reportable toxic chemical is
released to the air as a gaseous waste stream. Does the Federal facility also need to
report this gaseous waste stream in the waste treatment section of the Form R report for
the reportable toxic chemical?
No. The Federal facility does not need to report the gaseous waste stream in Part II, section
7A of the Form R report, because no treatment is applied to the gaseous waste stream.
However, any resulting air emissions would be reported as a release to air, and the amount of
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the release would be included in Part II, section 5.2, Stack or point air emissions. If the
gaseous waste stream is then treated (e.g., by secondary combustion, filtration, or scrubbing),
the stream would be listed as a gaseous waste stream and the treatment method(s) would be
documented in Part II, section 7A, as a separate waste stream.
102. Section 313(g)(2) of EPCRA states that the owner or operator of a facility may use
readily available data for reporting releases of toxic chemicals] If a Federal facility has
monitoring or emissions data for a toxic chemical that they do not believe are
representative, should they still use that data to complete the release calculations on the
Form R report?
No. If a Federal facility has monitoring or emissions data that are not considered
"representative," the data should not be used. In such cases, a more accurate estimate based
on mass balance calculations, published emission factors, engineering calculations, or best
engineering judgement should be used. In such instances, a Federal facility should document
why the available monitoring data were believed to be unrepresentjative. v '
'i
103. Tank trucks, barges, and rail cars enter a Federal facility. During loading, toxic
chemicals are released. Are these releases subject to reporting! requirements under
EPCRA section 313?
Yes. Under EPCRA section 313, a Federal agency is responsible for reporting releases of a
toxic chemical that occur during loading or unloading of a transportation vehicle while the
. vehicle is on property owned or operated by the Federal agency. The only releases that are
exempt from these requirements are releases of a toxic chemical from a transportation vehicle
that occur while the vehicle is still under "active shipping papers."!" :
104. A facility places drummed waste on-site with no immediate intent to transfer the
waste off-site or dispose of it on-site. The facility has a RCRA [Part B permit to operate
as a Treatment, Storage, and Disposal Facility (TSDF). Does this facility have to report
this placement of drummed waste as a release to land on-site oiii the Form R?
Drummed wastes containing toxic chemicals that are placed on-site with no immediate intent
.to transfer the wastes off-site (e.g., no shipment is sent off-site during the reporting year) are
to be reported in Part II, section 5.5.4 as on-site land disposal (as is explained in the Inside
the Hotline: A Compilation of 1992 Monthly Hotline Reports docurhent (EPA/530-R-92-
014M)), regardless of whether the facility has a RCRA Part B permit to operate as a TSDF.
F. Transfers to Off-Site Locations
105. A Federal facility discharges waste containing metals that! are toxic chemicals to an
on-site cooling pond. The metals settle and accumulate over tuae. Water from the pond
eventually is drained, leaving behind a heavy metal sJLudge. Thfe sludge is then dredged
and sent off-site for disposal. How should toxic chemicals in the sludge be reported on
the Form R?
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Toxic chemicals that are contained in sludge sent off-site for disposal should be reported as an
off-site transfer in Part II, sections 6.2 and 8 of the Form R report.
106. Many Federal facilities send their hazardous waste containing toxic chemicals to
off-site treatment, storage, and disposal facilities (TSDFs). If a Federal facility is
reporting these toxic chemicals on a Form R report, what is the facility's obligation to
ascertain the final, known disposition of the toxic chemical for purposes of choosing a
waste management code in Part II, section 6.2.C.? ' ;
The Federal facility is required to use the best data available at the facility to identify the
final, known disposition of a toxic chemical that it is reporting on a Form R report for the
purpose of entering a waste management code in Part II, section 6.2.C of the Form R. While
obtaining additional information from the off-site location concerning the fate of the particular
toxic chemical is not required, it is certainly an option for facilities who lack a complete
understanding of the final disposition of a toxic chemical in a waste sent off-site. -
107 A Federal facility reporting under EPCRA section 313 discharges wastewater
containing toxic chemicals to a Federally Owned Treatment Works (FOTW) facility.
The FOTW is located on a separate site that is not contiguous or adjacent to the
reporting facility. For purposes of Form R reporting, should releases to FOTWs be
considered equivalent to discharges to Publicly Owned Treatment Works and reported in
Part II, section 6.1, or should these releases be reported in Part II, section 6.2 as
"wastewater treatment (excluding POTW)" (i.e., code M61)?
If a Federal facility reporting under EPCRA section 313 discharges wastewater containing
toxic chemicals to a Federally Owned Treatment Works (FOTW), the facility should report
the discharge to the FOTW as a discharge to a POTW (Part II, section 6.1 of Form R),
because the operations performed by the FOTW are essentially equivalent to those performed
by a POTW.
108 A Federal faculty acts as a waste broker for other facilities within its own agency,
and the facility exceeds the reporting threshold for a toxic chemical. The facility receives
the same toxic chemical from the other facilities for the purpose of off-site disposal.
Should the Federal facility report the quantities of toxic chemicals in waste received and
transferred off-site for disposal in section 8.8, because those quantities are not related to
production processes at the facility during the reporting year? ;
No The quantity of toxic chemical in the facility's off-site transfers of waste received from
other facilities should not be reported in section 8.8, because the shipment of the waste is not
the result of a remedial action, catastrophic event, or remedial event. The Federal facility
should report this quantity in sections 8.1 and 6.2 of the Form R report.
G. Source Reduction and Recycling (Part II, section 8.1-8.10 of the Form R)
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109. Would clean-up of soil or groundwater contaminated frohi prior years' activities
involving a toxic chemical be included in remedial actions reported in Part II section 8 8
of Form R? !
j -
I
A toxic chemical contained in wastes generated as a result of a prior year's activities that is
undergoing remediation is reported in Part II, sections 5, 6, and 8J:8 of Form R only if the
Federal facility exceeds an activity threshold through some other activity involving the same
toxic chemical. A toxic chemical being used to remediate wastes from prior year's activities
is considered "otherwise used." If that use exceeds 10,000 pound's in the reporting year all
releases and off-site transfers of that same chemical are reported in Part II, sections 5 6 and
8.1 - 8.7 of Form R. ! ' '
110. Is an accidental release from filling an ammonia tank reportable in section 8 8 or
8.1 of the Form R report? '
If the accidental release of ammonia at a Federal facility is a one-time event, then it should be
reported in section 8.8 of the Form R report. If the release is routine or frequent, it should
be reported in section 8.1 of the Form R. For example, 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 seclW 8.1 through 8.7 of the
Form R report, as appropriate. A total loss of containment resulting from a tank rupture
caused by a .tornado would be included in the quantity reported in section 8.8.
- i
111. A Federal facility is involved in the remediation of benzene. The facility also uses
benzene as a manufacturing aid in the blending of fuel additives. The amount of
benzene used in the fuel blending operations exceeds the 25,OOCJ-pouind processing
threshold under EPCRA section 313 and the facility has more than 10 FTEs. If benzene
is released to the air during remediation, does that release get reported in Part II section
8.1 of the Form R? '
No. All releases and off-site transfers of a toxic chemical resulting1 from remedial actions
should be reported under Part II, section 8.8 (as well as in sections;! 5 and 6) of theJForm R"
and are not to be reported under Part II, sections 8.1 through 8.7 ojf the Form R.
112. A Federal facility is submitting a Form R report for a toxic chemical. During a
remediation project, the same toxic chemical is transferred from brie medium to another.
For example, soil excavation during groundwater remediation causes a toxic chemical to
be released to the air. How should the release be reported on the Form R?
-- {_
If a Federal facility exceeds reporting thresholds for the chemical in otlier non-exempt
activities at the facility then the release of that toxic chemical from ijone medium to another
due to remediation activities must be reported on-the Form R, unlute toxic chemicals that
transfer medium as a result of natural migration. Releases of toxic Ichemicals that occur "as a
result remediation activities during the reporting year are reported in section 8.8 and the
appropriate sections of Part II, sections 5 and 6 of the Form R report.
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113. A Federal facility voluntarily reports releases of toxic chemicals contained in motor
vehicle fuel. The motor vehicles are operated by the facility and they report the
combustion of the toxic chemicals that occurs in the vehicle engine as "otherwise used
and subject to the 10,000-pound threshold. Would the combustion process that occurs in
the vehicle engine be considered a reportable energy recovery method (i.e., Part II,
sections 7B and 8.2) for the Form R reporting?
No The quantity of toxic chemical reported in Part II, sections 7B and 8.2 of the Form R as
used for energy recovery include toxic chemicals present in wastes, not in raw materials
Therefore the combustion of toxic chemicals contained in fuel that'occurs in a motor vehicle
engine is not considered a reportable energy recovery methodjm the Form R report.
114 How should a Federal facility determine if a toxic chemical has a heating v^lue
high enough to sustain combustion for purposes of completing Part II, sections 7B, 8.4,
and 8.5 of the Form R? Is the value of 5,000 BTUs per pound that has been established
as a standard for other environmental programs considered a good indicator for TRI
reporting under section 313?
EPA has not established specific criteria for determining whether a specific listed chemical's
heat of combustion is high enough to sustain combustion. Facilities, therefore, must make
this determination using the best available information at the facility. The Toxic Cheniical
Release Inventory Reporting Form R and Instructions document (Appendix C, page C-6),
however, provides examples of chemicals whose BTU values are not high enough to sustain
combustion (e.g., metals, CFCs, and halons).
H. Certification and Submission
115. Who should sign the Form R for the Federal facility?
The senior management officer responsible for the operation of the Federal facility should
sign the certification statement on Form R. For military installations, the base commander
should sign the Form R.
I. Supplier Notification
116. Commercial suppliers are not required to provide supplier notification to customers
outside SIC codes 20-39 according to 40 CFR 372.45. What should Federal faculties
whose operations fall outside of SIC codes 20-39 do to ensure that toxic chemicals listed
under EPCRA section 313 are identified by their suppliers?
Because supplier notification is not required of commercial suppliers to facilities outside of
SIC codes 20-39, there^currently is no regulatory mechanism to ensure that this, information is
received by the purchasing facility. One mechanism for ensuring that suppliers identify toxic
chemicals present in mixtures and trade name products and provide concentration information
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. is for the Federal facilities to request this type of information from
existing contracts with suppliers to require this information, or eru
required-to be provided in any new contracts with suppliers.
their suppliers, revise
ure this information is
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III. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
RESPONSIBILITIES (EO ง3-305)
A. EPCRA Sections 302-303 (Emergency Planning)
Applicability ,
117. What types of facilities are required to provide the EPCRA section 302
notification?
* > * L .
Section 302 of EPCRA requires that any facility that has present at any time more than a
threshold planning quantity (TPQ) amount of a listed extremely hazardous substance (EHS)
notify the Local Emergency Planning Committee (LEPG) and State Emergency Response
Commission (SERC). This notification should be made within 60 days of the time the
threshold planning quantity is exceeded. ..'..'.
118. What is the primary purpose of EPCRA section 302 notification requirements?
Notifications required under EPCRA section 302 indicating that a facility has one or (more
extremely hazardous substances in excess of the threshold planning quantity (TPQ) help to
identify locations within the state and local area where emergency planning activities lean be
initially focussed. While the substances on the extremely hazardous substances list do not
represent the entire range of hazardous chemicals used in commerce, they have been;
designated as those substances which are, in the event of an accident, most likely to inflict
serious injury or death upon a single short-term exposure, therefore, section 302
notifications are useful in helping SERCs and LEPCs identify those areas and facilities that
represent a potential for experiencing a significant hazardous material incident. ;
119. After the notification, what else is required from Federal facilities subject to the
EPCRA section 302 requirement? I
i'
No later than August 3; 1994, Federal facilities subject to the notification requirement of
Executive Order 3-305(a) (EPCRA section 302) must designate a facility coordinator to work
with the LEPC to develop the LEPC's local emergency response plan. The facility
coordinator is to provide any and all information necessary for the development and \
implementation of the LEPC's plan. ;
B. EPCRA Section 304 (Emergency Release Notification) [
Applicability . ;
120. What constitutes a release that is subject to reporting under section 304 of
EPCRA?
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Section 304 of EPGRA requires reporting a release of a chemical to the environment when the
following conditions have been met: (1) the chemical is an extremely hazardous substance
(EHS) or CERCLA hazardous substance, (2) the quantity of the EHS or CERCLA hazardous
substance released to the environment within a 24-hour period meets or exceeds the specific
reportable .quantity limit. Y '
i . - ,
. . - - i- . .
121. What are the requirements of section 304 of EPCRA? j
Under EPCRA section 304, if a Federal facility produces, uses or jstores a hazardous chemical
(as defined in 40 CFR 370.2), and the facility has a release of an EHS or a hazardous
chemical (as defined in 40 CFR 9601(14)) at or above the .reportable quantity, the facility is
required to immediately notify the SERCs and LEPCs in areas likely to be affected by the
release. This requirement builds upon a similar requirement to notify the National Response
Center under CERCLA section 103. A written follow-up notice is also required to-be
submitted to the SERCs and LEPCs as soon as practicable after the release.
122. What are the exemptions to EPCRA section 304 reporting requirements?
There are several exemptions from the reporting requirements of EPCRA section 304. They
include: Y
(1) "Federally permitted releases" as defined under CERCLA section 101(10); 4 USC 9601
' Y ' ' - -' "
(2) Releases which result in-exposure to persons solely within theiboundaries of the facility
(EPCRA section 304(a)(4); 42 USC section 11004(a)(4)); Y "'..'".,
(3) "Continuous releases" stable in quantity and rate, provided other restrictions established
as defined under CERCLA section 103(f) are met - reporting would be required for initial -
release and statistically significant increases; , j
1 " ' ' " I
(4) Application of a pesticide registered-under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) or the handling or storage of such pesticide by an agricultural
producer (See CERCLA section 103(e); 42 USC 9603(e)); [ . '
I' - '','
(5) Emissions from engine exhaust of a motor vehicle, rolling stocik, aircraft, or pipeline
pumping station engine (CERCLA section 101(22)(B); 42 USC 9601(22)(B));
--''." . i " N
(6) Normal applications of fertilizer (CERCLA section 101(22)(DJ); ;
" ' . | ' i ' -'
(7) Release of source, byproduct, or special nuclear material from! a nuclear incident at a
facility subject to financial protection requirements established by the Nuclear Regulatory
Commission (i.e. nuclear power plants) (CERCLA section 1Q1(22)(C); 42 USC 9601(22)(C)>;
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(8) Releases which result in exposure to persons solely within a workplace with respect to a
claim which such persons may assert against their employers (CERCLA 101(22)(A); 42 USC
9601(22)(A)); and ".-.... ' \ :,.
(9) With respect to transportation or storage incident to transportation, notice is satisfied by
dialing 911, or calling the operator in the absence of an emergency telephone number
(EPCRA 304(b)(l); 42 USC HQ04(b)(l)). I
Thresholds ;
123. When is an off-site release subject to EPCRA section 304 notification requirements?
' r '
A release need not result in actual exposure to persons off-site in order to be subject to
release reporting requirements under section 304 of EPCRA; potential exposure is sufficient.
Any release of an EHS or hazardous chemical into the environment at or above the reportable
quantity may have the potential to result in exposure to persons off-site and therefore should
be reported under EPCRA section 304 notification. .
124. Some Federal permit programs do not include quantitative limits on the amounts of
specific EHSs or CERCLA hazardous substances that can be released (i.e., no "permitted
level" exists). In such a case, how should a Federal facility determine whether EPCRA
notification is required?
. - ,i
Releases of EHSs or CERCLA hazardous substances that are subject to Federal permits are
exempt from reporting requirements because they are-considered a Federally permitted
release. However, according to 40 CFR 302.6, if such a release exceeds the permitted limit
with regard to the quantity of an EHS or CERCLA hazardous substance, it is considered a
reportable release subject to notification under EPCRA section 304 when the release of the
hazardous substance exceeds its reportable quantity. If there is no quantitative limit on the
amount of specific hazardous substances that can be released (i.e.-, no explicit "permitted
level" exists), EPCRA notification will be required when the characteristics of the release are
not in compliance with the permit (e.g., the allowable-concentration of a particular cpnstituent
has been exceeded, the release is a result of an upset or failure of a treatment system or
pollution control equipment) and an RQ or more of a hazardous substance has been released.
125. What information is required as part of the initial notice under EPCRA section
304?
The notice required under this section shall include the following to the extent known at the
time of the notice and so long as no delay in notice or emergency response results:
(1) The chemical name or identity of any substance involved in the release.
(2) An indication of whether the substance is an extremely hazardous substance. v . .
(3) An estimate of the quantity of any such substance that was released into the environment.
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' '""!'" ' f ' *
' , . - " - i '
(4) The time an duration of the release. i
(5) The medium or media into which the release occurred j
.. (6) Any known or anticipated acute or chronic health risks associated with the emergency
and, where appropriate, advice regarding medical attention necessary for exposed individuals.
(7) Proper precautions to take as a result of the release, including ^evacuation (unless such
information is readily available tot he community emergency coordinator .pursuant to the
emergency plan). f
(8) The-names and telephone,numbers of the person or persons to|be contacted for further
information.- ; - i , . - ,
126. What information needs to be provided as part of the writteni follow-up notice of
section 304? '
"' " -'-'.''._ ''-...' ' 'J ' '. "''"' ' ' -
, ,As soon as practicable after a reportable release, the owner or operator shall provide a written
follow-up notice (or notices as more information becomes available;) setting forth and updating
information provided in the initial notification. In addition, the notice shall include:
(1) Actions taken to respond to and contain the release, _ . I < .
(2) Any known or anticipated acute or chronic health risks associated with the .release, and,
(3) Where appropriate, advice regarding medical attention necessary for exposed
individuals. '-.- ,''"'..
' ' '1 "'- ' '""'-'".'.
127. How does section 4-403 of the Executive Order apply to EiPCRA section 303?
Section 303 of EPCRA requires the Local Emergency Planning Committee to develop a
comprehensive emergency response plan for their community. Section 4-403 of the Executive
Order states that "...to the extent practicable, all Federal 'Agencies subject to this order shall
provide technical assistance, if requested, to LEPC's in their development of emergency.
response plans and in fulfillment of their community right-to-know and risk reduction -
responsibilities." The language in the Executive Order is to'encourage Federal facilities
subject to the Executive,Order to make any technical expertise it may have available to the
LEPC. For example, if persons at a facility have an expertise on conducting hazardous
materials response drills, the facility jtnay want to have these individuals volunteer to assist the
LEPC. ; ,_ . '. - -..' / " - " . -'
' . ' ' '' " 1 ' ' " -
C. EPCRA Sections 311-312 (Hazardous Chemical Inventory Reporting)
" _ -'.'',' t"-1.
Applicability ' - ' j
. ' ~; _ ' r ' ' .i ' - ' L
128. What are the reporting requirements under EPCRA sections 311 and 312?
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Under EPCRA section 311, if a Federal facility has on-site at any one time one or more
hazardous chemicals in excess of 10,000 pounds or the facility has an extremely hazardous ,
substance (EHS) in excess of 500 Ibs or the threshold planning quantity (TPQ), whichever is
less, then the facility is required to submit the MSDS for that chemical(s) (or a list of subject
chemicals grouped by hazard type) to the LEPC, SERC and the local fire department by
Augusts, 1994. ..."''. , ! '.. '
Under EPCRA section 312, if a Federal facility has 6n-site at any one time an extremely
hazardous substance in excess of 500 pounds or the TPQ, whichever is less, or a hazardous
chemical in excess of 10,000 pounds, during a given reporting year, the facility is to jsubmit
an Emergency and Hazardous Chemical Inventory report (Tier 1) including those subject
chemicals to the SERC, LEPC and the local fire department by March 1 of the following year
(and annually thereafter). Most states require the Tier II report. In addition, facilities are
required to include other chemicals if they are requested by the SERC or LEPC. For more
information on state/local reporting requirements, facilities should contact the EPCRA hot-
line.
Thresholds
129. What are the thresholds for reporting under EPCRA sections 311 and 312?
The requirements for EPCRA sections 311 and 312 apply to any facility that is required to
prepare or have available a material safety data sheet (MSDS) for a hazardous chemical as
defined by the Occupational Safety and Health Administration (OSHA). The chemicals that
need to be reported are those hazardous chemicals which require an MSDS that a facility has
presents any one time in the amount equal to or greater than 10,000 pounds. ;For extremely
hazardous substances (EHS) which require an MSDS present at the facility, the threshold is
the TPQ or 500 pounds, whichever is lower. A Federal facility is required to report under
EPCRA section 311 and 312 if they have any amount (i.e., greater than zero) of a hazardous
chemical or extremely hazardous substance when requested by an LEPC or SERC. '
Chemical Lists
130. How is the term "hazardous chemical" defined for the purposes of EPCRA
requirements?
40 CFR 370.2 defines a "hazardous chemical" to mean any hazardous chemical as defined
under 29 CFR 1910.1200(c), except that such term does not include the following substances:
(1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and ,
Drug administration.
;,
(2) Any substance present as a solid in any manufactured item to the extent' exposure to the
substance does not occur under normal conditions of use. ;'
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(3) Any substance to the extent it is used for personal, family, or jhousehojd purposes, or is
present in the same form and concentration as a product packaged for distribution and use by
the general public. , ! ,.
(4) Any substance to the extent it is used in a research laboratory jor a hospital or other
medical facility under the direct supervision of a technically qualified individual.
(5) Any substance to the extent it is used in routine agricultural operations or is a fertilizer
held for sale by, a retailer to the ultimate customer. !
" " " " ' 1 *
Exemptions '.....-" i , : '.'-..
131. Does the Occupational Safety and Health Administration have any exemptions to its
Hazard Communication Standard? , i
_. . i -.-"''
- ' i " '
Section 1910.1200(b) of the OSHA regulations currently provides ijhe following exemptions:
..,'"' ' ' '. ..!',. : ' '
,(1) Any hazardous waste as such term is defined by the Solid Waste Disposal Act as
amended when subject to regulations issued under that Act; i
(2) Tobacco or Tobacco products; ,- , .
- (3) Wood and wood products; , !
(4) Articles-as defined under section 1910.1200(b) as a manufactured item which is formed to
a specific shape or design during manufacture; which has end use functions dependent in -
whole or in part upon the shape or design during end use; and, which does not release, or
otherwise result in exposure to a hazardous chemical under normal; conditions of use.
... - .'..- i
. (5) Food, drugs, cosmetics or alcoholic beverages in a retail establishment which are
packaged for sale to consumers;
j ..." J .',..',
: " " " ! ป ' - ' , .
(6) Foods, drugs, or cosmetics intended for personal consumption !by employees while in the
workplace. "" .}'..-
(7) Any consumer product or hazardous substance, as, those terms 'are defined in the
Consumer Product .Safety Act, where the employer can demonstrate it is used in the
workplace in the same manner as normal consumer use, and which; use results in a duration
and frequency of exposure which is not greater than exposures experienced by consumers,
(8) Any drug, as that term is defined in the Federal, Food, Drug, and Cosmetic Act, when it
is in solid, final form for direct administration to the patient. ! ,
, . ' " .'.' i '
If-a facility has a hazardous chemical that meets one or more of these exemptions, it is not
required to have a Material Safety Data Sheet (MSDS), If a facility is not required to prepare
March 21,. 1995 . ' . Page - 39
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994
or have available an MSDS for a hazardous chemical, that hazardous chemical is not subject
to sections 311 and 312 of EPCRA. - '
132. EPCRA sections 311 and 312 include an "agricultural" exemption that exempts
facilities from reporting on the use of fertilizers in the production of food crops. Does
this exemption apply only to.food crops intended for human consumption? \-.
+ - _ - '
Section 311(e)(5) excludes retailers of fertilizers as well as substances when used in routine
agricultural operations. This exemption is intended to eliminate reporting on fertilizers,
pesticides, and other chemical substances when, applied, administered, or otherwise used as
part of routine agricultural operations. This exemption is applicablejo routine agricultural
operations involving all food crops, not just those intended forhuman consumption.
For additional questions and answers regarding EPCRA sections 302-312, refer to the guidance
document Emergency Planning and Community Right-to-Know Act of 1986; Questions and Answers,
June 1, 1989 (revised periodically). . !
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- Appendix A .
DEFINING "FEDERAL AGENCY" FOR PURPOSES OF THE EXECUTIVE ORDER
5 U.S.C. ง102 Military departments r
The military departments are:
The Department of the Army.
The Department of the Navy.
; The Department of the Air Force.
5 U.S.C. ง103 Government corporation
For the purpose of this title >
(1) "Government corporation" means a corporation
Government of the United States; and
owned or controlled by the
(2) "Government controlled corporation" does not include a corporation
owned by the Government of the United States.
5 U.S.C. ง104 Independent establishment ~ '
"' " " " ---''-'-,' f '
For. the purpose of this title, "independent establishment" means
(1) an establishment in the executive branch (other jthari the United States
Postal Service or the Postal Rate Commission) which is not an Executive
department,* military department, Government corporation, or part thereof,-or
part of an independent establishment; and
(2) the General Accounting Office.
5 U.S.C. ง105 Executive agency
For the purpose of this title, "Executive agency" means an Executive department, a
Government corporation, and an independent establishment _ ' ".
. March 21, 1995
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Appendix B
FEDERAL FACILITY COMPLIANCE WITH EXECUTIVE ORDER 12856 TIMELINE
December 3, 1993
January 1994
March 3,1994
August 3, 1994
August 3, 1994
j
August 3, 1994
March 1, 1995
July 1, 1995
August 3, 1995
October 1, 1995
December 31, 1995
1999
1999
Agencies provide planning
covered by the Executive
list to EPA of facilities
Order
Facilities submit Emergency Notification of Releases of
an Extremely Hazardous Substar ce under Section 304
of EPCRA
1" " - " ' ' *
Facilities submit Emergency Planning Notification to
Local Emergency Planning Committee (LEPC) under
Section 302 of EPCRA I
Agencies submit pollution prevention strategies to EPA
Facilities submit information for the preparation of
Comprehensive Emergency Response Plans under
Section 303 of EPCRA
Facilities submit Material Safety Daf:a Sheets under
Section 311 of EPCRA j
Facilities submit Emergency and Hazardous Chemical
inventory Form under Section 312 of EPCRA
--- '. " - j r ' .-
' - "I - ' ~ ' '
Facilities submit TRI reports under Section 313 of
EPCRA !
DoD and GSA identify opportunities to revise
specifications and standards
Agencies submit first annual progress report
. ' '
' ' ' ' , ! '"-''
Facilities prepare Pollution Prevention Plans
DoD and GSA revise specifications and standards
i ,
- ii
Agencies reduce total toxic chemicals or toxic
pollutants |
by 50% |
March 21, 1995
B-l
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Appendix C
APPLICABLE CFR CITATIONS
40 CER 300 National Oil and Hazardous Substances Pollution Contingency Plan.
' , . - " . !l -.-''-'
40 CFR 302 CERCLA Reporting Requirements and Applicable Reportable Quantities.
40 CFR 350 Sections 322 - 323 Reporting Requirements and Disclosure! Provisions.
40 CFR 355 Sections 301 - 304 Reporting Requirements and List of Extremely Hazardous
-~ Substances with Threshold Planning Quantities.
40 CFR 370 .Sections 311-312 Reporting Requirements,
40 CFR 372 Section 313 Reporting Jtequirements.
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Appendix D
EPCRA BIBLIOGRAPHY
General EPCRA Materials
Bibliography of Materials on The Emergency Planning And Community Right-To-Know Act
(OSWER 91-002), August 1991.
Emergency Planning and Community Right-to-Know Act of 1986, Title III of'the Superfund
Amendments and Reauthorization Act (SARA), P.L. 99-49*.
Emergency Planning and Community Right-to-Know (Title III) Facl sheet, February 1990
(revised periodically).
Chemicals in Your Community: A Citizen's Guide to the Emergency Planning and Community
Right-to-Know Act (OSWER 90-002), September 1988.
List of State Emergency Response Commissions/EPCRA Contacts.
Emergency Planning and Community Right-to-Know Act of 1986; Questions and Answers;
June 1, 1989 (revised periodically).
Title III List of Lists (Consolidated List of Chemicals Subject to Reporting
Emergency Planning and Community Right-to-Know Act) (EPA
1991 (revised on a yearly basis).
ing:Underthe
560/4-91-011), January
It's Not Over in October: "A Guide for Local Emergency Planning
the Emergency Planning and Community Right-to-Know Act
004), September 1988.
Committee; Implementing
of 1986 (OSWER 90-
Toxic and Hazardous Chemicals, Title III and Communities: An Outreach Manual for
Community Groups (EPA 56-1-89-002), September 1989.
Successful Practices in Title III Implementation. ,
(OSWER-88-006.1), January 1989.
(OSWER-89-006.2), August 1989., : .
(OSWER-89-006.3), December 1989.
(OSWER-90-006.1), March 1990.
(OSWER-90-006.2), July 1990. , ,
(QSWER-90-006.3), September 1990.
(OSWER-91-006.1), February 1991,
March 21, 1995
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Chemicals, The Press, and The Public: A Journalist's Guide to Reporting on Chemicals in the
Community, 1989. ''
Information Resources Directory (OPA 003-89), Office of Information Resources Management,
Fall 1989.
The Emergency Planning and Community Right-to-Know Act: A Status of State Actions,
1990. !
What It Means to You: A Videotape on the Emergency Planning-and Community Right-to-
Know Act, October 1989. "''''.
n _..'/ -";'''.
Why You Need to Learn About Hazardous Materials, American Medical Association, 1990.
Title IE: What It Means to You, 1987. , '
f *
The Emergency Panning and Community Right-to-Know Act: A Framework-for Action.
Title III on Indian Lands: A Guide to the Emergency Planning and Community Right-To-
Know Act (OSWER-92-009), April 1992. ,
Making it Work Series:
1. Title IE Compliance (OSWER-91-009.1), September 1991. J
2. Hazards Analysis (OSWER-92-009.01), September 1992:
3. Secrets of Successful SERCs (EPA 550-F-93-002), January 1993. 4. Hazards
Analysis on the Move (EPA 550-FO-93-004), September 1993. , ;
Sections 301-305: Emergency Planning, Notification, and Training Resources
c . '
Extremely Hazardous Substances List and Threshold Planning Quantities; Emergency Planning
and Release Notification Requirements, Final Rule, 52 PR 13378 (April 22,; 1987).
Designation of Extremely Hazardous Substances as CERCLA Hazardous Substances, Proposed
Rule, 54 FR 3388 (January 23, 1989). '
Reporting Continuous Releases of Hazardous Substances, Final Rule, 55 FR 30166 (July 24,
1990).
Extremely Hazardous Substances List; Availability of Documents on Flammable and
Explosives; Advance Notice^of Proposed Rulemaking; 55 F_R 35012 (August 27, 1990).
Hazardous Materials Emergency Planning Guide (NRT-1), March 1987.
Criteria for Review of Hazardous Materials Emergency Plans (NRT-1A),-May 1988.
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Developing a Hazardous Materials Exercise Program: A Handbook
Officials (NRT-2), September 1990.
Technical Guidance for Hazards Analysis: Emergency Planning for
Substances (OSWER 88-001), December 1987.
for State and Local
Extremely Hazardous
Handbook of Chemical Hazard Analysis Procedures, FEMA/EPA/E OT.
1990 Emergency Response"Guidebook, DOT P 5800.5.
Chemical Emergency Preparedness and Prevention Advisory: Swinuning Pool Chemicals:
Chlorine" EPA/OSWER90r008.1, Series 8, No. 1:
Guide to Exercises in Chemical Emergency Preparedness Programs
1988. ' -...--.'
(OSWER 88-006), May
Computer Systems for Chemical Emergency Planning (Technical Assistance Bulletin 5)
(OSWER 89-005), September 1989.
Tort Liability, in Emergency Planning (Technical Assistance Bulletin
January-1989.
7) (OSWER 89-007),
Proceedings from the 1989 National,Conference on Hazardous Materials Training, Sponsored
, - by the National Response Team.
Acute Hazardous Events Data Base (1989) Final Report, Industrial Economics, Incorporated,
Cambridge, ~MA; December 1989.
Digest of Federal Training in Hazardous Materials (FEMA 134), July 1987.
Hazardous Materials Exercise Evaluation Methodology (HM-EEM) and Manual FEMA,
October 1989.
An Overview of the Emergency Response Program (EPA 540/8-91/015), April 1992.
Reporting Requirements for Continuous Releases of Hazardous Subi
Facilities arid Vessels on Compliance, (EPA/540/G-91/003), October
tances: -A Guide for
1990.
Continuous Release Emergency Response Notification System: User's Manual for Industry,
(EPA/540/G-91/005), March 1991.
Sections 311-312: Reporting Requirements for Material Safety Data Sheets, jEmergency and
Hazardous Chemical Inventory Forms Resources
March 21,1995
.D-3
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994
Emergency and Hazardous Chemical Inventory Forms and Community Right-to-Know
Reporting Requirements, Final, 52 FR 38344 (October 15, 1987). , ;
Emergency and Hazardous Chemical Inventory Forms and Community Right-to-Know
Reporting Requirements; Implementation of Reporting Requirements for Indian Lands,
Proposed Rule; 54 PR 12992 (March 29, 1989).
Emergency and Hazardous Chemical Inventory Forms and Community Right-to-Know
Reporting Requirements; Interim Final Rule and Supplemental Notice to Proposed Rule;
54 PR 41904 (October 12, 1989). '-
Community Right-to-Know Reporting Requirements; Final Rule; 55 FR 30632 (July 26, 1990).
Community Right-to-Know and Small Business (OSWER 88-005), September 1988.
Section 313: Toxic Chemical Release Inventory Resources
Toxic Chemical Release Reporting; Community Right-to-Know; Final Rule; 52 FR 4500
(February 16, 1988).
The Emergency Planning and Community Right-to-Know Act: Section 313 Release Reporting
Requirements (EPA 560/4-91-002), December 1990.
Supplier Notification Requirements (EPA 560/4-91-006). v
Toxic Chemical Release Inventory Form R and Instructions (EPA 745-K-93-001), January 1993
(revised on a yearly basis). ~ ..-'.-
Common Synonyms for Chemicals Listed Under Section 313 of the Emergency Planning and
Community Right-to-Know Act of 1986 (EPA 744-B-92-001), January 1992.
Estimating Releases and Waste Treatment Efficiencies for the Toxic Chemical Release
Inventory Form (EPA 560/4-88-002), December 1987. ;
Industry Specific Technical Guidance Documents for "Estimating Releases, January - July 1988.
Electrodeposition of Organic Coatings (EPA/560/4-88-004c), January 1988.
Electroplating Operations. (EPA/560/4-88-004g), January 1988.
Formulating Aqueous Solutions (EPA/560/4-88-004fc), March 1988.
Leather Tanning and Finishing Processes (EPA/560/4-88-0041), February 1988.
Monofilament Fiber Manufacture (EPA/560/4-88-004a), January 1988. ., ,
Paper Paperboard Production (EPA/560/4-88-004k), February 1988.
March 21, 1995
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994
Presswood & Laminated Wood Products Manufacturing (EPA/560/4-88-004i), March
1988.
Printing Operations (EPA/560/4-88-004b), January 1988.
Roller, Knife and GravurerCoating Operation (EPA/560/4-8
Rubber Production and Compounding (EPA/560/4-88-004q),
Semiconductor Manufacture (EPA/560/4-88-004e), January
Spray Application of Organic Coatings (EPA/560/4-88-004d)
Textile Dyeing (EPA/560/4-88-004h), February 1988.
Wood Preserving (EPA/560/4-88-004p), February 1988.
88-004J), February 1988.
, March 1988.
1988.
, January 1988.
Section 313 Emergency Planning and Community Right-to-Know A
Processors (EPA 560/4-90-014), June 1990.
ct; Guidance for Food
Emergency Planning and Community Right-to-Know Technical Guidance
Aqueous Solutions of Ammonia Under Section 313, U.S. I
for Releases of
PA, OTS, March 1990.
Section 313 Reporting: Issue Paper? Clarification and Guidance for the Metal Fabrication
Industry, Office of Toxic Substances, U.S. EPA, January 1990.
Toxics in the Community: National and Local Perspectives (EPA 560/4-90-017), September
1990.
The Toxics-Release Inventory: A National Perspective (EPA 560A-
Toxic Chemical Release Inventory Directory of Public Libraries, TJ
Form R: A Better Understanding, U.S. EPA, 1990.
-89-005), June 1989.
.S. EPA, February 1990.
Chemical Accident Prevention Resources
Managing Chemicals Safely (EPA 510-K-92-001), March 1992.
Review of Emergency Systems: Final Report to Congress (OSWER-305B), June 1988.
Why Accidents Occur: Insights from the Accidental Release
Assistance Bulletin 8) (OSWER 89-008.1), U.S. EPA, Julj
Information Program (Technical ,
1989.
Chemical Accident Prevention, Smaller Operations: Focus Group Findings, U.S. EPA,
December 1990 (in press).
Clean Air Act Amendments.
Guidance Manual for EPA Chemical Safety Audit Team Members,
March. 21, 1995
U.S. EPA, December 1992.
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994
Accidental Release Information Program Implementation Guide, June 1990.
Risk Communication and Community Awareness Resources
Explaining Environmental Risks, U.S. EPA, November 1986. ;
Seven Cardinal Rules of Risk Communication, U.S. EPA, April 1988.
Report of a Conference on Risk Communication and Environmental Management (Technical
Assistance Bulletin 4), U.S. EPA, May 1988.
Risk Communication About Chemicals in Your Community: A Manual for Local Officials
(EPA 230/09-89-066), EPA/FEMA/DOT/ATSDR,
Chemical Releases and Chemical Risks: A Citizen's Guide to Risk Screening (EPA 560/2:89-
003), September 1989. . .
Risk Assessment, Management, Communication: A Guide to Selected Sources, U.S EPA,
1987-1989. . :..
Toxic Chemical Release Inventory Risk Screening Guide (EPA 560/2-89-002), July 1989.
Hazardous Substances in Our Environment: A Citizens' Guide to Understanding Health Risks
and Reducing Exposure (EPA 230/09-90-081), September 1990.
Understanding Environmental Health Risks and Reducing Expbsure: Highlights of s
Guide (EPA 230-09-90-082). , '
Public Knowledge and Perceptions of Chemical Risks in Six Communities: Analysis of a
Baseline Survey (EPA 230-01-90-074), January 1990,
Chemical Advisories, U.S. EPA, 1984-1986.
Waste Minimization Resources
Waste Minimization Opportunity Assessment Manual (EPA 625/7-88/003), July 1988.
Citizens'
March 21, 1995
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Appendix E: EPA REGIONAL CONTACTS
Region
1
'2.- '
3 ; -
4
: 5
CEPP Coordinators
TRI Coordinators
2J3/50 Coordinators
. , . . . - i. /
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont
Ray DiNardo
(617) 860-4385
60 Westview Street
Lexington, MA 02173
Dwight Peavey
(617)565-3230
One Congress Street
Boston, MA 02203
E)wight Peavey
.(617)565-3230 - '.
One (Congress Street
Boston, MA 02203 j
New Jersey, New York, Puerto Rico, Virgin Islands !
John Ulshoefer
.(908)321-6620
2890 Woodbridge Ave.
Bldg. 209 (MS-211)
Edison, NJ 08837
Nora Lopez
(908) 906-6890 :
2890 Woodbridge Ave.
Bldg. 10 (MS-105)
Edison, NJ 08837
ISJlary Ann Kowalski
(908)906-6815
2890 Woodbridge Ave.
Bldg. 10 (MS^IOS)
Eldison, NJ 08837
Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia
David Wright
(215)597-5998
Mail Code 3HW34 -;
841 Chestnut Street
Philadelphia, PA 19107
Mikal Shabazz
(215)597-3659
Mail Code 3AT31
841 Chestnut Street
Philadelphia, PA 19107
BillReilly - '
(215)597-9302 . :
8(41 Chestnut 'Street
Philadelphia, PA 19107
Alabama, Florida, Georgia, Kentucky, Mississippi, North ' Carolina, South Carolina,
Tennessee . .
Henry Hudson
(407)347-1033 "
345JCourtlandSt., NE
Atlanta, GA 30365
Carlton Hailey
(404)347-1033
345 Courtland St., NE
Atlanta, GA 30365
i ' ' - ' ,
Bieverly Mosely
(404)347-1033
3^5 Courtland St. ,'NE .
Atlanta, GA 30365
Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin !
Mark Horwitz
.(312)353-9045
(HSC-9J)
77 West Jackson Blvd.
Chicago, IL 60604
Thelma Codina .
(312)886-6219
(SP-14J)
77 West Jackson Blvd.
Chicago, IL 60604. .
Thelma Codina
(312) 886-6219
,(SP-14J) ,
77 West Jackson Blvd.
Chicago, IL 60604
March 21, 1995"
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Compliance with EO 12856 and EPCRA: Questions and Answers 1994
Region
6
7
8
9
10
CEPP Coordinators
TRI Coordinators
33/50 Coordinators
Arkansas, Louisiana, New Mexico, Oklahoma, Texas
Jim Staves
(214) 655-2277
1445 Ross Avenue
Dallas, TX 75202
Warren Layne
(214) 655-7244 .
1445 Ross Avenue
Dallas, TX 75202 -
Lewis Robertson ;
(214)655-7582 ;
1445 Ross Avenue
Dallas, TX 75202
Iowa, Kansas, Missouri, Nebraska
Jacqui Ferguson
(913)551-7310
ARTX/TOPE/TSCS
726 Minnesota Ave.
Kansas City, KS 66101
Jim Hirtz '
(913) 551-7472
TOPE
726 Minnesota Ave. .
Kansas City, KS 66101
Carl Walter
(913) 551-7600 i
TOPE "
726 Minnesota Ave;
.Kansas City, KS 66101
Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming
Jim Knoy
(303) 294-7163
999 18th Street
Suite 500
Denver, CO 80202
Arizona, California, Hawaii,
Kathleen Shimmin
(415) 744-2100
75 Hawthorne Street
(H-l-2)
San Francisco, CA 94105
Kathie Atencio
(8ART-TS)
999 18th Street
Suite 500
Denver, CO 80202
Kerry Whitford
999 18th Street
Suite 500
Denver, CO 80202 ;
Nevada, American Samoa, Guam
Pam Tsai
(415) 744-1116
75 Hawthorne Street
(A-4-3)
San Francisco, CA 94105
Helen. Burke
(415)7441069
75 Hawthorne Street
San Francisco, CA:94105
i
Alaska, Idaho, Oregon, Washington
Walt Jaspers
(206)553-0285
1200 6th Avenue
(HW-114) '
Seattle, WA 98101
Phil Wong
(206)553-4016 .'
1200 6th Avenue
(AT083)
Seattle, WA 98101
Jayne Carlin
(206) 553-4762 /: '. \
1200 6th Avenue
Seattle, WA 98101;
March 21, 1995
E-2
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