&EPA
United States
Environmental Protection
Agency
Office of Enforcement and
Compliance Assurance (22611
Washington, DC 20460
EPA 300-B-95-005
April 1995
Guidance for Implementing
Executive Order 12S56:
Federal Compliance with Right-to-Know Laws and
Pollution Prevention Requirements - March 28, 1995
OC
Pnra*d wth Sor'Canal* Ink on pap«r mat
I*MI S0% rvcyctod ttw
-------
GUIDANCE FOR IMPLEMENTING EXECUTIVE ORDER 12856
Federal Compliance with Right-to-Know Laws and
Pollution Prevention Requirements
March 28, 1995
-------
GUIDANCE FOR IMPLEMENTING EXECUTIVE ORDER 12856
TABLE OF CONTENTS Page #
INTRODUCTION i
PART I: SECTION BY SECTION DISCUSSION OF
EXECUTIVE ORDER 12856 1
PART II: EPCRA/PPA REPORTING REQUIREMENTS AND EXEMPTIONS 24
PART III: LEADERSHIP OPTIONS 38
APPENDIX 48
EPA Points of Contact
-------
SECTION BY SECTION INTERPRETIVE GUIDANCE: EXECUTIVE ORDER 12856
Page#
Section 1 Applicability 1
Section 2 Definitions 3
Section 3 Implementation 6
Section 4 Agency Coordination 16
Section 5 Compliance 20
Section 6 Exemption 23
Section 7 General Provisions 23
-------
INTRODUCTION: This document has been prepared to facilitate Federal government
compliance with Executive Order 12856, "Federal Compliance with Right-to-Know Laws and
Pollution Prevention Requirements." This document has been developed by EPA to serve as
voluntary interpretive guidance for Federal agencies covered under Executive Order 12856 and is
not intended to be binding EPA regulation or rulemaking. The guidance and recommendations in
this document are based primarily upon EPA's experience in implementing the regulatory
requirements of the Emergency Planning and Community Right-to-Know Act and Pollution
Prevention Act. Additionally, the document reflects relevant experience with pollution prevention
efforts at both private and Federal facilities.
In preparing this document EPA focused upon two fundamental elements of the Executive
Order: 1) the Executive Order directive that Federal agencies must comply with all provisions of
the Emergency Planning and Community Right-to-Know Act and Pollution Prevention Act and
implementing regulations, and; 2) the Executive Order mandate for Federal government
leadership both in the prevention of pollution at Federal facilities and in providing information to
the public concerning the manufacture, process, use and release or transfer of toxic chemicals and
pollutants at Federal facilities. Based on these factors, this document provides explanations of
current EPCRA and PPA requirements and practices and offers suggestions to support Federal
government leadership initiatives. Additional documents on the broader topic of pollution
prevention in the Federal Government either have been prepared or are being drafted and can be
obtained from EPA's Pollution Prevention Information Center at 202-260-1023.
INTERPRETIVE GUIDANCE: Interpretation of the extent and scope of Federal government
compliance with EPCRA and PPA at Federal facilities must reflect the current regulations and
practices applicable to private entities covered under those laws. For the purposes of community
right-to-know and emergency preparedness, it is essential that Federal facilities comply with the
regulations, at least to the same extent as privately owned and/or operated facilities. This level of
compliance by Federal facilities allows the public a more forthright and thorough appraisal of the
presence and release of hazardous and toxic chemicals which may adversely affect their
community and provides a planning mechanism to protect communities in the event of emergency
releases of those chemicals. For the purposes of Toxics Release Inventory and Pollution
Prevention Act reporting, the Executive Order expands facility coverage to all Federal facilities
regardless of SIC codes. This has necessitated interpretation in the guidance to address activities
not normally associated with "manufacturing" facilities.
With regard to many of the pollution prevention aspects of the Executive Order,
compliance with the Order reflects more than simple adherence to current regulatory guidelines or
practices; it reflects an additional commitment to uniform and consistent interpretation of the
Order on the part of the Federal government where regulatory guidelines or practices do not
already exist. Therefore, to achieve the goals of the Executive Order, affected Federal agencies
must consistently and uniformly apply similar interpretations of the pollution prevention policies
and standards set out in the Executive Order.
-------
To address both of these aspects of compliance with the Executive Order, this document
provides guidance entitled "INTERPRETIVE GUIDANCE" in the section-by-
section portion of the document. Where regulatory requirements exist, the guidance reflects those
requirements. Where explicit requirements are set out in the Executive Order, but no regulatory
practice exists, the guidance provides consistent interpretation of the language of the Executive
Order. Appendices to the document also provide further explanation and discussion of the
regulatory practices unique to compliance with community right-to-know regulations.
-------
EXECUTIVE ORDER 12856
Section 1. Applicability.
Section 1 -102.
"Except as otherwise noted, this order is applicable to all Federal agencies that either own
or operate a 'facility' as that term is defined in section 329(4) of EPCRA, if such facility
meets the threshold requirements set forth in EPCRA for compliance as modified by
section 3-304(b) of this order ("covered facilities"). Except as provided in section 1-103
and section 1-104 below, each Federal agency must apply all of the provisions of this order
to each of its covered facilities, including those facilities which are subject, independent of
this order, to the provisions of EPCRA and PPA (e.g., certain Government-
owned/contractor-operated facilities (GOCO's), for chemicals meeting EPCRA
thresholds)."
INTERPRETIVE GUIDANCE: A "Federal agency" is equivalent to an "executive agency" as
defined in 5 U.S.C. 105 — executive department, government corporation, or an independent
establishment (see Executive Order section 2-202). Section 2-201 of the Executive Order
changes, for the purposes of this Order only, the term "person" as defined in section 329(7) of the
Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), to also include
Federal agencies. (All other definitions found in EPCRA and PPA and implementing regulations
are incorporated into the Executive Order by reference.)
"Facility" is defined according to section 329(4) of EPCRA 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). For the purposes of
section 11004 of this title [EPCRA §304], the term includes motor vehicles, rolling stock, and
aircraft."
The term "covered facilities" in section 1-102 of the Executive Order includes all Federal
facilities which meet one or more of the threshold reporting requirements of EPCRA, i.e.:
4 EPCRA section 302: Presence of Extremely Hazardous Substances (EHS) at or
above Threshold Planning Quantity (TPQ).
4 EPCRA section 304: Release of an EHS or Hazardous Substance at or above a
reportable quantity.
4 EPCRA sections 311 - 312: Presence of 10.000 pounds of listed chemical - unless EHS.
then 500 pounds or TPQ. whichever is lower.
-------
4 EPCRA section 313: 25.000 Ibs/yr manufacturing, importing, or processing, or
10.000 Ibs/yr otherwise using one or more listed toxic
chemical (40 CFR 372.22 and 372.25^ and 10 or more full
time employees or the equivalent.
Note that for section 313 of EPCRA, import is the equivalent of manufacture. See EPCRA
section 313(b)(l)(C)(i) and 40 CFR 372.3.
(See section 304(b) of the Executive Order)
Section 1-102 (continued)
"This order does not apply to Federal agency facilities outside the customs territory of the
United States, such as United States diplomatic and consular missions abroad."
INTERPRETIVE GUIDANCE: "Customs territory" is defined at 40 CFR 372.3 to include, "the
50 States, the District of Columbia, and Puerto Rico." Facilities outside of this area are not
required to comply with the Executive Order.
Section 1-103.
"Nothing in this order alters the obligations which GOCO's and Government corporation
facilities have under EPCRA and PPA independent of this order or subjects such facilities
to EPCRA or PPA if they are otherwise excluded. However, consistent with section 1-104
below, each Federal agency shall include the releases and transfers from all such facilities
when meeting all of the Federal agency's responsibilities under this order."
INTERPRETIVE GUIDANCE: Currently, private contract operators at Federal facilities are
legally required to comply with all provisions of EPCRA and PPA to the extent their operations
meet requirements of these statutes and implementing regulations. Executive Order 12856 does
not impose additional legal obligations upon such contractors. Private contract operators at
Federal facilities should continue to meet any independent legal reporting and planning obligations
they have under EPCRA and PPA.
For Toxics Release Inventory (TRI) purposes, if applicable thresholds are met, under the
Executive Order all required data from a Federal facility, including both contractor-operated
portions and elements operated by the agency, are reportable by the Federal agency "owner" of
the facility. While a private-contract operator may not be legally obligated to provide the Federal
agency with such information, Federal agencies should make every reasonable effort to obtain
necessary information from contractors operating at Federal facilities in order to comply with
EPCRA, PPA, and this Executive Order (see section 1-104
-------
of the Executive Order). Work conducted for a Federal agency (by a contractor/subcontractor),
including work related to grants and/or cooperative agreements, at a non-Federally-owned facility
is not covered by the Executive Order.
Section 1-104.
"To facilitate compliance with this order, each Federal agency shall provide, in all future
contracts between the agency and its relevant contractors, for the contractor to supply to
the Federal agency all information the Federal agency deems necessary for it to comply
with this order. In addition, to the extent that compliance with this order is made more
difficult due to lack of information from existing contractors, Federal agencies shall take
practical steps to obtain the information needed to comply with this order from such
contractors."
INTERPRETIVE GUIDANCE: This section directs Federal agencies to include language in, or
otherwise revise, all future contracts between an agency and its contractors in order to facilitate
agency compliance with information collection, reporting and pollution prevention provisions of
the Executive Order. Where such provisions already exist in Federal contracts, contractors
should provide "all information the Federal agency deems necessary for it to comply with this
order." This could include information needed to meet the 50 percent reduction goal in section 3-
302 of the Executive Order and develop Federal agency pollution prevention policies, strategies
and opportunity assessments, as well as information needed to complete facility plans and
acquisition/procurement programs (see sections 3-301 through
O O AO \
3-303).
In addition to any requirements established in future contracts, the Executive Order
requires agencies to take "practical steps" to obtain necessary information from existing contracts.
Section 2-2. Definitions.
Section 2-201.
"All definitions found in EPCRA and PPA and implementing regulations are incorporated
in this order by reference, with the following exception: for the purposes of this order, the
term "person', as defined in section 329(7) of EPCRA, also includes Federal agencies."
INTERPRETIVE GUIDANCE: See discussion for section 1-102 and discussion in Part II
regarding regulatory exemptions.
-------
Section 2-202. Federal agency
""Federal agency'" means an Executive agency, as defined in 5 U.S.C. 105. For the
purpose of this order, military departments, as defined in 5 U.S.C. 102, are covered under
the auspices of the Department of Defense."
INTERPRETIVE GUIDANCE: See discussion for section 1-102.
Section 2-203. Pollution Prevention.
""Pollution prevention' means "source reduction,' as defined in the PPA, and other
practices that reduce or eliminate the creation of pollutants through: (a) increased
efficiency in the use of raw materials, energy, water, or other resources; or (b) protection of
natural resources by conservation."
INTERPRETIVE GUIDANCE: According to section 6603(5)(A) of the Pollution Prevention
Act the term "source reduction" means any practice which:
(i) reduces the amount of any hazardous substance, pollutant, or contaminant
entering any waste stream or otherwise released into the environment (including
fugitive emissions) prior to recycling, treatment or disposal; and
(ii) reduces the hazards to public health and the environment associated with the
release of such substances, pollutants, or contaminants.
The term includes equipment or technology modifications, process or procedures
modifications, reformulation or redesign of products, substitution of raw materials,
and improvements in housekeeping, maintenance, training, or inventory control.
Section 6603(5)(B) states, "'source reduction' does not include any practice which alters
the physical, chemical, or biological characteristics or the volume of a hazardous substance,
pollutant, or contaminant through a process or activity which itself is not integral to and necessary
for the production of a product or the providing of a service."
Section 2-204
""GOCO' means a Government-owned/contractor-operated facility which is owned by the
Federal Government but all or portions of which are operated by private contractors."
INTERPRETIVE GUIDANCE: Self-explanatory
Section 2-205.
-------
"'Administrator' means the Administrator of the EPA."
INTERPRETIVE GUIDANCE: Self-explanatory
Section 2-206.
""Toxic Chemical' means a substance on the list described in section 313(c) of EPCRA."
INTERPRETIVE GUIDANCE: Self-explanatory. For copies of this list, contact the EPCRA
Hotline at (800) 535-0202.
Section 2-207. Toxic Pollutants.
"For the purposes of section 3-302(a) of this order, the term "toxic pollutants' shall include,
INTERPRETIVE GUIDANCE: The Executive Order contains a typographical error in this
section. The term "toxic pollutants" is not used in section 3-302(a), but in section 3-302(c).
Section 2-207 should read
"For the purposes of section 3-302(c) of this order, the term 'toxic pollutants'
shall include, ...
Section 2-207. Toxic Pollutants, (continued)
" ... the term "toxic pollutants' shall include, but is not necessarily limited to, those
chemicals at a Federal facility subject to the provisions of section 313 of EPCRA as of
December 1,1993. Federal agencies may also choose to include releases and transfers of
other chemicals, such as "extremely hazardous chemicals' as defined in section 329(3) of
EPCRA, hazardous wastes as defined under the Resource Conservation and Recovery Act
of 1976 (42 U.S.C. 6901-6986)(RCRA), or hazardous air pollutants under the Clean Air Act
Amendments (42 U.S.C. 7403-7626); however, for the purposes of establishing the agency's
baseline under 3-302(c), such "other chemicals' are in addition to (not instead of) the
section 313 chemicals...."
INTERPRETIVE GUIDANCE: Agencies electing to base their 50 percent reduction goal on
toxic pollutants under section 3-302(c), shall include, at a minimum, the EPCRA section 313 toxic
chemicals in effect on December 1, 1993.
Agencies electing to base their a 50 percent reduction on releases of toxic chemicals, shall
include those EPCRA section 313 toxic chemicals in effect the first baseline year of reporting as
described in section 3-302(b) of the Executive Order. For most Federal agencies, the first
baseline year of reporting will be 1994 and will include EPCRA section 313 toxic chemicals listed
-------
and in effect on January 1, 1994, including those 34 chemicals added to section 313 in 1993. The
baseline year will not include those additional chemicals proposed for listing by EPA in January of
1994. However, chemicals added to the TOI list after December 1, 1993 will be subject to TRI
reporting requirements described in section 3-304(a) of the Executive Order.
Section 2-207. Toxic Pollutants, (continued)
"...The term 'toxic pollutants' does not include hazardous waste subject to remedial action
generated prior to the date of this order."
INTERPRETIVE GUIDANCE: Hazardous wastes generated or released prior to August 3,
1993, may not be included when determining the agency 50 percent reduction goal baseline for
toxic pollutants under section 3-302(c) of this Executive Order. Obviously these wastes have
already been generated and thus cannot be affected by "source reduction". Therefore, quantities
of listed toxic chemicals or pollutants released or transferred as a result of remedial actions should
not be factored into a facility or Agency baseline quantity for the purpose of measuring progress
toward a 50% reduction goal.
Section 3-3: Implementation
Section 3-301. Federal Agency Strategy.
"Within 12 months of the date of this order, the head of each Federal agency must develop
a written pollution prevention strategy to achieve the requirements specified in sections 3-
302 through 3-305 of this order for that agency. A copy thereof shall be provided to the
Administrator."
INTERPRETIVE GUIDANCE: All Federal agencies with "covered facilities" as defined in
section 1-102 were required to submit an agency pollution prevention strategy to EPA by August,
1994. At the time of the issuance of this document, this deadline for Agency strategies has
passed. EPA has prepared a document, "Pollution Prevention in the Federal Government: Guide
for Developing Federal Agency Pollution Prevention Strategies for Executive Order 12856 and
Beyond," document number EPA 300-B-94-007, for use as an aid in the development of agency
pollution prevention strategies and which is available from the EPA Pollution Prevention
Information Clearinghouse at 202-260-1023.
Section 3-301. Federal Agency Strategy, (continued)
"Federal agencies are encouraged to involve the public in developing the required
strategies under this order and in monitoring their subsequent progress in meeting the
requirements of this order."
Section 3-301(a). Federal Agency Strategy, (continued)
-------
"The strategy shall include, but shall not be limited to the following elements: (a) A
pollution prevention policy statement, developed by each Federal agency, designating
principal responsibilities for development, implementation and evaluation of the strategy.
The statement shall reflect the Federal agency's commitment to incorporate pollution
prevention through source reduction in facility management and acquisition, and it shall
identify an individual responsible for coordinating the Federal agency's efforts in this
area."
INTERPRETIVE GUIDANCE: Each pollution prevention strategy shall include a separate
pollution prevention statement which reflects the Administration policies, concepts and
approaches emphasized in the introductory portions of Executive Order 12856. Strategies should
recognize the environmental protection hierarchy outlined in the Pollution Prevention Act and in
the preamble to the Executive Order, to
"[E]nsure that all Federal agencies conduct their facility management and
acquisition activities so that, to the maximum extent practicable, the quantity of
toxic chemicals entering any waste stream, including any releases to the
environment, is reduced as expeditiously as possible through source reduction; that
waste that is generated is recycled to the maximum extent practicable; and that any
wastes remaining are stored, treated or disposed of in a manner protective of
public health and the environment."
In addition, policy statements provide an opportunity to demonstrate the Federal leadership called
for in the Executive Order which states that "the Federal Government should become a leader in
the field of pollution prevention through the management of its facilities, its acquisition practices,
and in supporting the development of innovative pollution prevention programs and
technologies."
Agency strategies should also indicate which organization within each agency has
responsibility for implementing various aspects of the strategy and evaluating its effectiveness. To
the extent practicable, agencies should link responsibilities to specific requirements in the
Executive Order. In addition to assigning organizational responsibilities, the strategy shall identify
an individual responsible for coordinating the agency's pollution prevention program and
overseeing agency compliance with the Executive Order.
In order to best implement source reduction efforts, Federal agencies should follow the
management policy established in section 6602(b) of the PPA:
• Pollution should be prevented or reduced at the source, whenever feasible;
• pollution that cannot be prevented should be recycled in an environmentally safe manner,
whenever feasible;
-------
• pollution that cannot be prevented or recycled, should be treated in an environmentally
safe manner, whenever feasible; and,
• disposal or other controlled release into the environment should be employed only as a
last recourse and should be conducted in an environmentally safe manner.
See also section 3-301(b).
Section 3-30 l(b). Federal Agency Strategy.
"A commitment to utilize pollution prevention through source reduction, where
practicable, as the primary means of achieving and maintaining compliance with all
applicable Federal, State, and local environmental requirements."
INTERPRETIVE GUIDANCE: Federal agency strategies should advance pollution prevention
through source reduction as the principal approach for ensuring Federal facility compliance with
Federal, state and local environmental laws, regulations and requirements. Federal facilities
should put in place policies and practices which emphasize pollution prevention as the alternative
of "first choice" in how the facilities achieve compliance with new regulations and requirements,
ensure compliance with existing regulations and requirements, and return to compliance when
violations are identified.
Section 3-302(a). Toxic Chemical Reduction Goals.
"The head of each Federal agency subject to this order shall ensure that the agency
develops voluntary goals to reduce the agency's total releases of toxic chemicals to the
environment and off-site transfers of such toxic chemicals for treatment and disposal from
facilities covered by this order by 50 percent by December 31,1999. To the maximum
extent practicable, such reductions shall be achieved by implementation of source reduction
practices."
INTERPRETIVE GUIDANCE: This section calls for the development of voluntary goals to
reduce a Federal agency's total releases and off-site transfers of Toxic Release Inventory (TRI)
chemicals by 50 percent by December 31, 1999. The 50 percent reduction goal is to be applied
on an agency-wide basis, thus allowing for variations in reductions achieved at individual agency
facilities. The term "voluntary" goal as used in this Executive Order was included to emphasize
that the 50 percent reduction is a Presidential "goal" rather than an absolute "requirement," like
the EPCRA reporting requirements. However, each agency shall establish a 50 percent reduction
goal as part of the agency pollution prevention strategy and should make every effort to achieve
these reductions by the end of 1999.
-------
This section also directs agencies to achieve these reductions through the use of source
reduction techniques and practices to the maximum extent practicable. Agency strategies should
reflect this emphasis on source reduction when outlining plans for achieving the 50 percent
reduction goal.
Section 3-302(b). Toxic Chemical Reduction Goals.
"The baseline for measuring reductions for purposes of achieving the 50 percent reduction
goal for each Federal agency shall be the first year in which releases of toxic chemicals to
the environment and off-site transfers of such chemicals for treatment and disposal are
publicly reported. The baseline amount as to which the 50 percent reduction goal applies
shall be the aggregate amount of toxic chemicals reported in the baseline year for all of that
Federal agency's facilities meeting the threshold applicability requirements set forth in
section 1-102 of this order. In no event shall the baseline be later than the 1994 reporting
year."
INTERPRETIVE GUIDANCE: The baseline for measuring each agency's progress in achieving
the 50 percent reduction goal is the first year in which all of an agency's covered facilities have
publicly reported releases and transfers of TRI toxic chemicals. In most cases, the baseline will be
calendar year 1994, although some Federal facilities may have voluntarily begun reporting earlier.
In no case shall the baseline for reporting be later than 1994. These facilities may choose to
highlight this TRI reporting and related reductions in the individual facility pollution prevention
plans required by section 3-302(d) of this Executive Order. However, such reductions will not be
counted in the agency-wide reduction goal measurements unless all of that agency's covered
facilities began publicly reporting TRI releases prior to 1994. Additionally, reductions at facilities
not included in the baseline should not be included in measurements of progress towards the
reduction goal.
This section, as well as section 3-302(a), states that the 50 percent reduction goal is not to
be applied on a facility-specific basis but is measured as the "aggregate amount" of toxic
chemicals reported for all of the agency's covered facilities reporting releases or transfers of those
chemicals. The reduction is to be measured on an agency-wide basis, thus allowing agencies
flexibility in achieving reductions in toxic releases. In addition, the 50 percent reduction is not
chemical or release specific but is to be applied to each agency's total of all releases and off-site
transfers of toxic chemicals for disposal and waste treatment to allow for maximum agency
flexibility in meeting the President's goal.
Each agency will have the flexibility to make its own determination of what constitutes
"agency" planning, reporting and reductions. For example, the Department of Interior may
report progress in reducing the release of toxic chemicals on a department-wide basis or choose
to measure progress separately for the Bureau of Land Management, National Park Service, Fish
and Wildlife Service, etc. It is recommended that Federal agencies consider the size and
complexity of their agency and amount of toxic chemical/pollutants being reported when making
-------
such determinations.
Section 3-302 (c). Toxic Chemical Reduction Goals.
"Alternatively, a Federal agency may choose to achieve a 50 percent reduction goal for
toxic pollutants. In such event, the Federal agency shall delineate the scope of its reduction
program in the written pollution prevention strategy that is required by section 3-301 of
this order. The baseline for measuring reductions for purposes of achieving the 50 percent
reduction requirement for each Federal agency shall be the first year in which releases of
toxics pollutants to the environment and off-site transfers of such chemicals for treatment
and disposal are publicly reported for each of that Federal agency's facilities encompassed
by section 3-301. In no event shall the baseline year be later than the 1994 reporting year.
The baseline amount as to which the 50 percent reduction goal applies shall be the
aggregate amount of toxic pollutants reported by the agency in the baseline year. For any
toxic pollutants included by the agency in determining its baseline under this section, in
addition to toxic chemicals under EPCRA, the agency shall report on such toxic pollutants
annually under the provisions of section 3-304 of this order, if practicable, or through an
agency report that is made available to public."
INTERPRETIVE GUIDANCE: This section allows Federal agencies the option of expanding
their baseline of EPCRA section 313 toxic chemicals to include additional "toxic pollutants" as
defined in section 2-207 of Executive Order 12856. As explained in section 2-207, these
additional toxic pollutants may include, but are not limited to the following: "extremely
hazardous chemicals" as defined in section 329(3) of EPCRA, hazardous wastes (except those
generated or released prior to August 3, 1993) as defined under the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. 6901-6986) (RCRA), or hazardous air pollutants under the
Clean Air Act Amendments (42 U.S.C. 7403-7626). For the purposes of establishing the agency's
baseline under 3-302(c), such "other chemicals" are in addition to (not instead of) the section 313
chemicals.
Where practicable, releases or off-site transfers of toxic pollutants included in an agency's
50 percent reduction goal baseline under this section, shall be reported under the provisions set
forth in section 3-304 of this Executive Order. Alternatively releases or off-site transfers of toxic
pollutants may be reported through some other public reporting mechanism. The reporting
should be chemical specific. For example, if an agency chooses to report a RCRA waste, it
should not report on the entire waste stream, but only the individual chemicals in the waste
stream. Any toxic pollutants added to the agency's baseline should be delineated as specific
chemical substances in the agency's pollution prevention strategy required by section 3-301 of this
Executive Order. The baseline year for reporting such toxic pollutants is the first year of agency-
wide public reporting but no later than calendar year 1994.
10
-------
Section 3-302 (d). Toxic Chemical Reduction Goals.
"The head of each Federal agency shall ensure that each of its covered facilities develops a
written pollution prevention plan no later than the end of 1995, which sets forth the
facility's contribution to the goal established in section 3-302(a) of this order. Federal
agencies shall conduct assessments of their facilities as necessary to ensure development of
such plans and of facilities' pollution prevention programs."
INTERPRETIVE GUIDANCE: Written pollution prevention plans must be completed for each
of a Federal agency's "covered facilities" (as outlined in section 1-102) by the end of calendar year
1995. Some Federal facilities may only meet EPCRA reporting thresholds other than those in
section 313 and thus may not be able to specifically contribute to their agency's reduction goal for
TRI toxic chemicals. Nonetheless, these facilities should prepare pollution prevention plans which
outline other facility specific pollution prevention efforts. The Executive Order does not require
submission of each covered facility's plans to EPA or state agencies, but they should be made
available if requested during facility inspections or through written request.
Once facility plans are completed and approved, they must be available to the public upon
request. Section 5-508 of this Executive Order directs that the public have "ready access" to all
"strategies, plans and reports" prepared by Federal agencies under this Executive Order.
Section 302(d) also directs agencies to conduct pollution prevention opportunity
assessments of their facilities as necessary to help them in developing pollution prevention plans
and programs required by the Executive Order. EPA has developed guidance on conducting
pollution prevention opportunity assessments in the "Facility Pollution Prevention Guide,"
document # EPA/600/R-92/088. Copies may be obtained by contacting EPA's Pollution
Prevention Information Clearinghouse at (202) 260-1023. In addition, EPA has developed a
Federal Facilities Pollution Prevention Planning Guide to assist Federal facilities in developing the
pollution prevention plans required by this Executive Order (document # EPA-300-B-94-013).
This document is also available through the Pollution Prevention Information Clearinghouse.
3-303(a). Acquisition and Procurement Goals.
"Each Federal agency shall establish a plan and goals for eliminating or reducing the
unnecessary acquisition by that agency of products containing extremely hazardous
substances or toxic chemicals. Similarly, each Federal agency shall establish a plan and
goal for voluntarily reducing its own manufacturing, processing, and use of extremely
hazardous substances and toxic chemicals. Priorities shall be developed by Federal
agencies, in coordination with EPA, for implementing this section."
INTERPRETIVE GUIDANCE: Federal agencies with covered facilities should review what
they are acquiring, purchasing, buying, and manufacturing, processing or using and determine if
11
-------
there are less-or non-toxic or hazardous products or processes that accomplish the same results.
Affected agencies should establish strategies to identify alternative products, services or processes
that achieve the basic purpose or performance requirements of current products, processes or
services but do not require, or require only limited use of extremely hazardous substances and
toxic chemicals.
Section 3-303(a) requires Federal agencies to establish a plan and goals for eliminating or
reducing the unnecessary acquisition and procurement of products containing extremely
hazardous substances or toxic chemicals. Section 3-303 specifically states, "Priorities shall be
developed by Federal agencies, in coordination with EPA, for implementing this section."
3-303(b). Acquisition and Procurement Goals.
"Within 24 months of the date of this order, the Department of Defense (DOD) and the
General Services Administration (GSA), and other agencies, as appropriate, shall review
their agency's standardized documents, including specifications and standards, and
identify opportunities to eliminate or reduce the use by their agency of extremely
hazardous substances and toxic chemicals, consistent with the safety and reliability
requirements of their agency mission. The EPA shall assist agencies in meeting the
requirements of this section, including identifying substitutes and setting priorities for
these reviews. By 1999, DOD, GSA and other affected agencies shall make all appropriate
revisions to these specifications and standards."
INTERPRETIVE GUIDANCE: As appropriate, each Federal agency that uses standardized
documents for processes, procedures, maintenance, equipment operation, etc., that require the use
of extremely hazardous substances or toxic chemicals, shall investigate opportunities to reduce or
eliminate those requirements wherever it is technically and economically feasible.
Federal agencies should establish their own priorities for elimination or reduction of
extremely hazardous substances or toxic chemicals as called for in this section of the Executive
Order. Priorities could be based on factors such as, but not limited to, toxicity, exposure, volume,
risk and safety, as well as cost and availability of substitutes, and ability of alternatives or
substitutes to meet performance requirements.
3-303(c). Acquisition and Procurement Goals.
"Any revisions to the Federal Acquisition Regulation (FAR) necessary to implement this
order shall be made within 24 months of the date of this order."
INTERPRETIVE GUIDANCE: The FAR has been cited as a possible barrier to agencies
seeking environmental performance from contractors. Section 3-303(c) prompts agencies to
provide proposed environmental improvements to the FAR. Agencies should take this
12
-------
opportunity to identify any FAR clauses that are barriers to meeting the requirements of the
Executive Order.
3-303(d). Acquisition and Procurement Goals.
"Federal agencies are encouraged to develop and test innovative pollution prevention
technologies at their facilities in order to encourage the development of strong markets for
such technologies. Partnerships should be encouraged between industry, Federal agencies,
Government laboratories, academia, and others to assess and deploy innovative
environmental technologies for domestic use and for markets abroad."
INTERPRETIVE GUIDANCE: The Executive Order preamble states that Federal agencies
should work to "[H]elp encourage markets for clean technologies and safe alternatives to
extremely hazardous substances or toxic chemicals through revisions to specifications and
standards, the acquisition and procurement process, and the testing of innovative pollution
prevention technologies at Federal facilities or in acquisitions."
3-304(a). Toxics Release Inventory/Pollution Prevention Reporting.
"The head of each Federal agency shall comply with the provisions set forth in section 313
of EPCRA, section 6607 of PPA, all implementing regulations, and future amendments to
these authorities, in light of applicable guidance as provided by EPA."
INTERPRETIVE GUIDANCE: The purpose of this provision is to ensure that Federal agencies
collect and make available to the affected public, information about use, processing, manufacture,
transfer and release of toxic chemicals. Under this Executive Order, Federal facilities with 10 or
more full time employees that manufacture, import, or process 25,000 pounds or otherwise use
10,000 pounds of an EPCRA section 313 listed toxic chemical are required to report annually. A
"full-time employee," for the purpose of EPCRA section 313 reporting, is defined at 40 CFR
372.3 as 2,000 work hours per year. If the total number of hours worked by all employees at a
facility is 20,000 hours or more, the Federal facility meets the ten employee threshold. For
EPCRA section 313 reporting, if the Federal entity is in a simple landlord role and receives no
service or benefit from lessees, other than rent or a fee, then the Federal landlord is not required
to account for the lessee's activities at that facility under EPCRA section 313 (40 CFR 372.38(e)).
Further, EPCRA section 313(g)(2) states that covered facilities need not conduct
monitoring or other activities beyond that required by other statutory or regulatory requirements.
Without measurement or monitoring data, or other readily available data, the Federal facility is
required to make reasonable estimates. Federal agencies should be aware that if activities at a
facility use toxic chemicals in threshold quantities, additional quantities of those chemicals
generated during other facility activities including treatment or remediation processes should be
reported under both EPCRA section 313 and section 6607 of PPA. Part 2 provides additional
guidance on reporting of releases associated with remedial actions.
13
-------
Facilities submit their reports on EPA Form R to EPA and to the appropriate state or
Tribal government on or before July 1, each year for the previous calendar year. One report per
chemical is required. Facilities need to account for any release or off-site transfer and pollution
prevention activities that involved that chemical. In those reports, the facility must report how
much, if any, of the chemical was released. If the facility meets the manufacture, import, process
or use thresholds, but releases nothing, the facility must still submit a report. EPA will enter the
reports into a computer database called the Toxics Release Inventory System which will be
accessible to the general public.
For more specific information on the reporting requirements under EPCRA section 313,
contact the EPCRA Information Hotline at 1-800-535-0202.
3-304(b). Toxics Release Inventory/Pollution Prevention Reporting.
"The head of each Federal agency shall comply with these provisions without regard to the
Standard Industrial Classification (SIC) delineations that apply to the Federal agency's
facilities, and such reports shall be for all releases, transfers, and wastes at such Federal
agency's facility without regard to the SIC code of the activity leading to the release,
transfer, or waste. All other existing statutory or regulatory limitations or exemptions on
the application of EPCRA section 313 shall apply to the reporting requirements set forth in
sections 3-304(a) of this order."
INTERPRETIVE GUIDANCE: This section of the Executive Order requires Federal agencies
to comply with reporting requirements of PPA section 6607 and EPCRA section 313, regardless
of SIC codes. All current exemptions and regulatory reporting requirements apply to Federal
agency compliance with the section of the Executive Order. See Part 2 for additional information
on reportable activities and exemptions.
3-304(c). Toxics Release Inventory/Pollution Prevention Reporting.
"The first year of compliance shall be no later than for the 1994 calendar year with reports
due on or before July 1,1995."
INTERPRETIVE GUIDANCE: The first reporting year for most agencies will be calendar year
1994, with data collection beginning January 1, 1994, and ending December 31, 1994. Reports
for 1994 will be based on the EPCRA section 313 list of toxic chemicals effective January 1 of
1994 and will include those chemicals published by EPA in December, 1993
(58 FR 63496 and 63500, December 1, 1993) as amended by Administrative stay on August
15, 1994 (59 FR 43048). Reports for 1994 are due to EPA and the appropriate state or Tribal
entity no later than July 1, 1995.
3-305(a). Emergency Planning and Community Right-to-Know Reporting Responsibilities.
14
-------
"The head of each Federal agency shall comply with the provisions set forth in sections 301
through 312 of EPCRA, all implementing regulations, and future amendments to these
authorities in light of any applicable guidance as provided by EPA. Effective dates for
compliance shall be: (a) With respect to the provisions of section 302 of EPCRA emergency
planning notification shall be made no later than 7 months after the date of this order."
INTERPRETIVE GUIDANCE: No later than March 3, 1994, all Federal facilities having an
extremely hazardous substance (EHS) at or above the threshold planning quantity (TPQ) shall
notify the State Emergency Response Commission (SERC) and Local Emergency Planning
Committee (LEPC) of the presence of the EHS. If thresholds are exceeded after that date,
facilities should notify the SERC and LEPC. For more information, contact EPA's Emergency
Planning and Community Right-to-Know Information Hotline at 1-800-535-0202.
3-305(b). Emergency Planning and Community Right-to-Know Reporting Responsibilities.
"With respect to the provisions of section 303 of EPCRA all information necessary for the
applicable Local Emergency Planning Committee (LEPC's) to prepare or revise local
Emergency Response Plans shall be provided no later than 1 year after the date of this
order."
INTERPRETIVE GUIDANCE: No later than August 3, 1994, Federal facilities subject to the
notification requirement of Executive Order section 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 as required under EPCRA section 303. The facility coordinator is to provide all
information necessary for the development and implementation of the LEPC's plan. For more
information, contact EPA's Emergency Planning and Community Right-to-Know Information
Hotline at 1-800-535-0202.
3-305(c). Emergency Planning and Community Right-to-Know Act Reporting
Requirements.
"To the extent that a facility is required to maintain Material Safety Data Sheets under any
provisions of law or Executive order, information required under section 311 of EPCRA
shall be submitted no later than 1 year after the date of this order, and the first year of
compliance with section 312 shall be no later than the 1994 calendar year, with reports due
on or before March 1, 1995."
INTERPRETIVE GUIDANCE: If a Federal facility is required to maintain a Material Safety
Data Sheet (MSDS) for a hazardous chemical, and the facility has that chemical at or above the
threshold for reporting, the facility is required to submit the MSDS for that chemical (or a list of
subject chemicals grouped by hazard type) to the LEPC, SERC and the local fire department by
August 3, 1994. The threshold for reporting is 10,000 pounds for any hazardous chemical unless
it is also an EHS, whereby the threshold drops to 500 pounds or the TPQ (whichever is less). All
15
-------
MSDS's are to be made available to the SERC or LEPC upon request.
If, during calendar year 1994, a Federal facility has a subject chemical, the facility is to
submit an Emergency and Hazardous Chemical Inventory report (Tier I or Tier II) including those
subject chemicals to the SERC, LEPC and local fire department by March 1, 1995 (and annually
thereafter). Most states require the Tier II report, and facilities are required to include other
chemicals, additional information, or report on different forms if they are requested by the SERC
or LEPC. For more information, contact EPA's Emergency Planning and Community Right-to-
Know Information Hotline at 1-800-535-0202.
3-305(d). Emergency Planning and Community Right-to-Know Reporting Requirements.
"The provisions of section 304 of EPCRA shall be effective beginning January 1,1994."
INTERPRETIVE GUIDANCE: Starting January 1, 1994, Federal agencies must comply with
the accident notification requirements in section 304 of EPCRA. If a Federal facility produces,
uses or stores a hazardous chemical (as defined by OSHA) and the facility has a release of an
extremely hazardous substance or a CERCLA hazardous substance at or above the reportable
quantity, the facility is required to immediately notify the SERC's and LEPC's for the 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 SERC's and LEPC's as soon as practicable after the release. For
more information, contact EPA's Emergency Planning and Community Right-to-Know
Information Hotline at 1-800-535-0202.
Section 4-4. Agency Coordination.
Section 4-401.
"By February 1,1994, the Administrator shall convene an interagency Task Force
composed of the Administrator, the Secretaries of Commerce, Defense, and Energy, the
Administrator of General Services, the Administrator of the Office of Procurement Policy
in the Office of Management and Budget, and such other agency officials as deemed
appropriate based upon lists of potential participants submitted to the Administrator
pursuant to this section by the agency head. Each agency head may designate other senior
agency officials to act in his/her stead, where appropriate. The Task Force will assist the
agency heads in the implementation of the activities required under this order."
INTERPRETIVE GUIDANCE: At its first meeting, the Task Force directed that a staff level
Pollution Prevention Planning Workgroup of Task Force agency representatives be formed to
address issues regarding implementation of the Executive Order. The Task Force has also invited
other agencies which have "covered facilities" under the Executive Order to join the Task Force.
16
-------
Section 4-402.
"Federal agencies subject to the requirements of this order shall submit annual progress
reports to the Administrator beginning on October 1,1995. These reports shall include a
description of the progress that the agency has made in complying with all aspects of this
order, including the pollution reductions requirements. This reporting requirement shall
expire after the report due on October 1, 2001."
INTERPRETIVE GUIDANCE: Each Federal agency must submit an annual progress report to
EPA. These reports will likely be combined by EPA with TRI reporting information to prepare
the annual progress report to the President (section 5-507). In order to provide a summary of
"progress made in complying with all aspects of this order," the reports are likely to include: the
status of the Federal agency pollution prevention strategy, including efforts to involve the public
(sections 3-301 and 5-508); the status of facility pollution prevention plans (section 3-302(d));
progress towards the 50 percent reduction goal (section 3-302)(reduction progress data will not
be available until after the baseline year is established), including examples of how the reductions
were achieved; progress towards the acquisition and procurement goals (section 3-303), including
examples of how the reductions were achieved; progress in reviewing and revising standardized
documents (section 3-303(b)); suggested revisions to the FAR (section 3-303(c)); a sampling of
new and innovative pollution prevention technologies developed and tested (section 3-303(d));
and total of TRI chemicals reported by the agency for the previous year (section 3-304). Finally,
if there are any changes to the facilities covered by this Executive Order during the reporting year,
those changes could be included in this report. EPA will work to provide guidance on the annual
agency report required by this section of the Executive Order.
Section 4-403. Technical Advice.
"Upon request and to the extent practicable, the Administrator shall provide technical
advice and assistance to Federal agencies in order to foster full compliance with this
order."
INTERPRETIVE GUIDANCE: Federal Agencies may request technical advice and/or
assistance from EPA. Federal agencies should submit requests for technical advice and/or
assistance to EPA's Federal Facilities Enforcement Office which will act as EPA's clearinghouse
for such requests. As requested and practicable, EPA will assist and advise Federal agencies
regarding technical aspects of the Executive Order. Appendix 1 provides points of contacts for
each of these programs in each EPA Region.
In the area of EPCRA reporting, EPA offers workshops and training programs that are
available to Federal agencies upon request. In addition, EPA can provide train-the-trainer
workshops that can be developed in cooperation with Federal agencies. Access to the Toxic
Release Inventory System (TRIS), a database and information repository, can also be provided.
This information will help agencies analyze and measure progress in identifying and reducing toxic
17
-------
chemical releases.
In the area of pollution prevention, EPA can offer technical guidance under the Design for
the Environment (DfE) program. The DfE program focusses on integrating environmental
concerns into the design of products and processes so that risks from toxic chemicals are reduced
or eliminated. The Office of Pollution Prevention and Toxics (OPPT) has developed a framework
for systematically incorporating DfE principles into environmental management. The analytical
framework encompasses a streamlined comparative risk assessment for substitutes and identifies
pollution prevention alternatives. EPA is prepared to provide guidance to the Federal agencies
and work cooperatively on specific application of this analytical framework. For further
information on the Design for the Environment program or on pollution prevention, contact the
Pollution Prevention Information Clearinghouse, (202) 260-1023 and the Pollution Prevention
Information Exchange (703) 821-4800. For information on EPCRA, contact the EPCRA
information hotline at 1-800-535-0202.
Section 4-403. Technical Advice (Continued)
"In addition, 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."
INTERPRETIVE GUIDANCE: Federal facilities should assist Local Emergency Planning
Committees (LEPC's), as requested and as practicable.
Section 4-404.
"Federal agencies shall place high priority on obtaining funding and resources needed for
implementing all aspects of this order, including the pollution prevention strategies, plans,
and assessments required by this order, by identifying, requesting, and allocating funds
through line-item or direct funding requests. Federal agencies shall make such requests as
required in the Federal Agency Pollution Prevention and Abatement Planning Process and
through agency budget requests as outlined in Office of Management and Budget (OMB)
Circulars A-106 and A-ll, respectively. Federal agencies should apply to the maximum
extent practicable, life cycle analysis and total cost accounting principles to all projects
needed to meet the requirements of this order."
INTERPRETIVE GUIDANCE: This section of the Executive Order directs Federal agencies to
specifically request all funds necessary to implement Executive Order 12856 if they are not
otherwise available in existing agency budgets. The section references two OMB circulars to
assist in meeting this requirement; A-l 1 and A-106. OMB Circular A-l 1 describes the
procedures that Federal agencies are to follow in making their annual agency budget submissions
to the President through OMB. Federal agency environmental program officials should work with
18
-------
their agency budget officers to ensure that agency budget requests are adequate to meet all
requirements of Executive Order 12856.
OMB Circular A-l 1 specifically requires that "estimates for ... environmental projects will
be submitted only after consultation with EPA as provided for under the A-106 process." OMB
Circular A-106 requires Federal agencies to submit annual environmental plans, detailing
proposed projects and estimated costs, to OMB through the EPA. The purpose of the A-106
process is to establish funding priorities for agency environmental projects and reporting all
related budget needs to OMB. Executive Order 12856 places a "High" priority for agency
funding and agencies should indicate this "High" priority for Executive Order 12856 projects in
their A-106 plans.
In addition, the Interagency A-106 Advisory Subcommittee on Pollution Prevention has
recommended a number of changes to the A-106 process to ensure that Federal agency pollution
prevention projects satisfying requirements of this Executive Order are designated as "High"
priority for funding in the A-106 prioritization scheme. These recommendations have been being
incorporated into the revised A-106 Guidance Document which was issued by EPA in early 1995.
The final provision in this section calls for Federal agencies to utilize life cycle analysis and
total cost accounting principles for all Executive Order 12856 related projects. This is consistent
with Policy Letter 92-4 on "Procurement of Environmentally-Sound and Energy-Efficient
Products and Services," issued to all Federal agencies by OMB's Office of Federal Procurement
Policy on November 2, 1992. Applying life-cycle costing techniques to projects needed to satisfy
compliance requirements can assist Federal facilities in meeting their pollution prevention
objectives as well. Many Federal agencies have issued agency-specific guidance on life-cycle
analysis and, as discussed below, EPA is developing a guide to help Federal facility environmental
program managers better understand and apply these types of costing and accounting techniques.
Section 4-405. Federal Government Environmental Challenge Program.
"The Administrator shall establish a "Federal Government Environmental Challenge
Program' to recognize outstanding environmental management performance in Federal
agencies and facilities. The program shall consist of two components that challenge Federal
agencies; (a) to agree to a code of environmental principles to be developed by EPA, in
cooperation with other agencies, that emphasizes pollution prevention, sustainable
development and state-of-the-art environmental management programs, and (b) to submit
applications to EPA for individual Federal agency facilities for recognition as "Model
19
-------
Installations.' The program shall also include a means for recognizing individual Federal
employees who demonstrate outstanding leadership in pollution prevention."
INTERPRETIVE GUIDANCE: EPA will establish an "Environmental Challenge Program"
which acknowledges the unique circumstances and opportunities encountered by Federal agencies
to incorporate pollution prevention strategies into all aspects of agency operation and
management. In designing the program, EPA will consider ways to encourage and recognize
environmental leadership efforts both in terms of agency policy development and implementation
such as integration of environmental goals into agency mission statements and in terms of more
tangible agency activities such as design, construction and management of environmentally
sensitive facilities. EPA will also strive to reflect the variety of missions inherent in the Federal
community by ensuring that the environmental challenge program supports efforts at Federal
agencies with non-industrial operations such as land management agencies as well as agencies
which have primarily Federal policy responsibilities such as economic development. Finally, the
environmental challenge program will ensure that smaller agencies and facilities have an
opportunity to embrace the environmental challenge and that these efforts are appropriately
recognized.
EPA's schedule for developing the Federal Government Environmental Challenge Program
is to complete the Code of Environmental Principles in early calendar year 1995 and implement
the "model installation" and individual employee awards program components by mid-year 1995.
Section 5-5. Compliance.
Section 5-501.
"By December 31,1993, the head of each Federal agency shall provide the Administrator
with a preliminary list of facilities that potentially meet the requirements for reporting
under the threshold provisions of EPCRA, PPA, and this order."
INTERPRETIVE GUIDANCE: Federal agencies have already submitted a preliminary list of all
the facilities they estimate will meet the reporting requirements of EPCRA, PPA, and this
Executive Order. These lists should include any facility that meets any threshold in EPCRA -
sections 302 through 313. This list is a "living document" and will change as additional data is
collected and analyzed. Further changes to the list may be submitted to EPA at any time. The list
will be sorted by state for ease of distribution and will be made available to the public and States.
Section 5-502.
"The head of each Federal agency is responsible for ensuring that such agency take all
necessary actions to prevent pollution in accordance with this order, and for that agency's
compliance with the provisions of EPCRA and PPA. Compliance with EPCRA and PPA
means compliance with the same substantive, procedural, and other statutory and
20
-------
regulatory requirements that would apply to a private person."
INTERPRETIVE GUIDANCE: The head of each Federal agency must ensure that his or her
agency fully complies with EPCRA, PPA, and pollution prevention aspects of the Executive
Order. Federal agencies are responsible for compliance with EPCRA and PPA to at least the
same extent as the private sector.
Section 5-502. (continued)
"Nothing in this order shall be construed as making the provisions of section 325 and 326
of EPCRA applicable to any Federal agency or facility, except to the extent that such
Federal agency or facility would independently be subject to such provisions. EPA shall
consult with Federal agencies, if requested, to determine the applicability of this order to
particularly agency facilities."
INTERPRETIVE GUIDANCE: The Executive Order clearly states that Federal agencies are
not subject to sections 325 and 326 of EPCRA (the enforcement and penalty provisions). This
means that EPA and States may not issue formal enforcement or civil actions or penalties to
Federal facilities for failure to comply with applicable sections of EPCRA. Where questions arise
regarding the applicability of current regulations and policy to particular agency facilities, EPA, if
requested, will consult with the affected Federal agency in determining responsibilities under the
Executive Order.
Section 5-503.
"Each Federal agency subject to this order shall conduct internal reviews and audits, and
take such other steps, as may be necessary to monitor compliance with sections 3-304 and
3-305 of this order."
INTERPRETIVE GUIDANCE: This section directs Federal agencies to incorporate self
monitoring into their agency environmental management and auditing programs to ensure
compliance with the requirements of sections 3-304 and 3-305 of the Executive Order.
Section 5-504.
"The Administrator, in consultation with the heads of Federal agencies, may conduct such
reviews and inspections as may be necessary to monitor compliance with sections 3-304 and
3-305 of this order. Except as excluded under section 6-601 of this order, all Federal
agencies are encouraged to cooperate fully with the efforts of the Administrator to ensure
compliance with sections 3-304 and 3-305 of this order."
INTERPRETIVE GUIDANCE: In consultation with Federal agencies and in accordance with
exemptions or exclusions provided for in section 6-601, EPA is granted the authority to conduct
21
-------
reviews and inspections to monitor agency and Federal facility compliance with the TRI/PPA and
EPCRA sections 302-312 reporting responsibilities established in this Executive Order. Likewise,
and in accordance with exemptions or exclusions provided for in
section 6-601, Federal agencies are encouraged to cooperate fully with EPA efforts at compliance
assistance.
Section 5-505.
"Federal agencies are further encouraged to comply with all state and local right-to-know
and pollution prevention requirements to the extent that compliance with such laws and
requirements is not otherwise already mandated."
INTERPRETIVE GUIDANCE: See Part II
Section 5-506.
"Whenever the Administrator notifies a Federal agency that it is not in compliance with an
applicable provision of this order, the Federal agency shall achieve compliance as promptly
as is practicable."
INTERPRETIVE GUIDANCE: This section provides the EPA Administrator and delegated
officials authority to notify a Federal agency or covered facility, in writing, if that agency or
facility is not in compliance with an applicable provision of Executive Order 12856. This includes
not only community right-to-know reporting requirements but also pollution prevention planning
and reporting requirements of the Executive Order. As stated in this section, once agencies or
facilities receive this written notification, agencies shall achieve compliance as promptly as
practicable.
Section 5-507.
"The EPA shall report annually to the President on Federal agency compliance with the
provisions of section 3-304 of this order."
INTERPRETIVE GUIDANCE: After the Federal agencies have submitted annual TRI reports
(section 3-304), EPA will summarize Federal agency information and prepare a report on Federal
agency compliance with section 313 reporting requirements. Progress of all agencies as outlined
in reports prepared under section 4-402 may be combined with the TRI information and submitted
as a single report to the President. The report will specifically state the overall TRI releases and
off-site transfers for the entire Federal government.
Section 5-508.
22
-------
"To the extent permitted by law and unless such documentation is withheld pursuant to
section 6-601 of this order, the public shall be afforded ready access to all strategies, plans,
and reports required to be prepared by Federal agencies under this order by the agency
preparing the strategy, plan, or report. When the reports are submitted to EPA, EPA shall
compile the strategies, plans, and reports and make them publicly available as well.
Federal agencies are encouraged to provide such strategies, plans, and reports to the State
and local authorities where their facilities are located for an additional point of access to
the public."
INTERPRETIVE GUIDANCE: Except for information withheld in accordance with section 6-
601 of the executive Order, Federal agencies and facilities shall make available to the public all
completed plans, strategies and reports prepared in compliance with the Executive Order. EPA
likewise is responsible for ensuring the information submitted to EPA in compliance with the
Executive Order is made available to the public.
Section 6-6. Exemption.
Section 6-601.
"In the interest of national security, the head of a Federal agency may request from the
President an exemption from complying with the provisions of any or all aspects of this
order for particular Federal agency facilities, provided that the procedures set forth in
section 120(j)(l) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. 9620(j)(l), are followed. To the maximum
extent practicable, and without compromising national security, all Federal agencies shall
strive to comply with the purposes, goals, and implementation steps set forth in this order."
INTERPRETIVE GUIDANCE: Self explanatory
Section 7-7. General Provisions.
Section 7-701.
"Nothing in this order shall create any right or benefit, substantive or procedural,
enforceable by a party against the United States, its agencies or instrumentalities, its
officers or employees, or any other person."
INTERPRETIVE GUIDANCE: The Executive Order does not create additional rights or
23
-------
benefits for private parties. Specifically, the Executive Order does not allow for private rights of
action to ensure agency compliance. The Executive Order provides other mechanisms for
compliance, but the right to sue is not one of them.
24
-------
PART II
EXECUTIVE ORDER 12856
Federal Compliance with Right-to-Know Laws and
Pollution Prevention Requirements
EPCRA REPORTING REQUIREMENTS
Sections 3-304 and 3-305 of Executive Order 12856 require Federal agencies to join
private industry in compliance with the reporting requirements of the Emergency Planning and
Community Right-to-Know Act of 1986 (EPCRA) and the Pollution Prevention Act of 1990
(PPA). As stated in the Executive Order, any Federal agency which owns or operates one or more
facilities that meet(s) the threshold conditions of EPCRA sections 302, 304, 311, 312 or 313 is
subject to the provisions of the Executive Order, including compliance with the reporting
requirements of EPCRA and PPA. Each Federal agency should examine the activities at its
various facilities to determine whether EPCRA and PPA reporting requirements have been met.
The following guidance regarding EPCRA/PPA reporting is intended to assist Federal
agencies and facilities in determining how they should apply the requirements of the Executive
Order. The discussions reflect current application of the law and regulations. See EPA leadership
recommendations regarding EPCRA provisions in Part III. This discussion attempts to highlight
some compliance concerns that may be unique to federal Agency operations. This is not intended
as a comprehensive discussion of all aspects of EPCRA reporting requirements. Federal facilities
should refer to current reporting instructions and other compliance documents for additional
details. To obtain such documents and compliance assistance, contact the EPCRA Information
Hotline at 800-535-0202.
A General Word About Exemptions:
Regulations implementing various sections of EPCRA exempt certain uses of chemicals
from reporting requirements. The exemptions pertain to distinct sections of EPCRA and must be
applied accordingly; a given exemption may be applicable to only one section of the law and not
to others. Further, exemptions are to be applied to specific uses of listed chemicals and do not
create an exemption for an entire facility. While facility use of a chemical for certain activities
may be exempt, other uses may not be exempt and should therefore be considered for threshold
purposes and reporting.
The accounting and reporting requirements for EPCRA sections 302, 304, 311 and 312
currently apply to both manufacturing and non-manufacturing facilities in the private sector;
Standard Industrial Classification (SIC) code classifications do not alter reporting responsibilities
under these sections. For the purposes of compliance with Executive Order 12856, therefore,
exemptions under these sections may readily be applied to Federal facilities.
25
-------
As discussed later in this document, the application of exemptions within rules that
implement EPCRA Section 313 may be somewhat more problematic. This is because many of
these exemptions were developed primarily with manufacturing facilities (SIC codes 20-39) in
mind.
Who is Responsible for Reporting:
• For the purposes of EPCRA sections 302-312, both landlord and tenant are responsible for
compliance: in practice, the tenant is regarded as having primary responsibility for compliance.
For EPCRA section 313, the agency that owns or operates a Federal facility is responsible for
complying with the Executive Order. However, a Federal agency is not considered responsible
for compliance if it has only a real estate interest in the facility (see 40 CFR 372.38(e)).
EPCRA SECTION 302 - Extremely Hazardous Substances
• EPCRA Section 302 - requires reporting if extremely hazardous substances are present at the
facility in quantities in excess of the threshold planning quantity.
EPCRA Section 302 Exemptions
None
EPCRA SECTION 304
• EPCRA Section 304 - requires emergency reporting of releases of extremely hazardous
substances or Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) hazardous substances, in quantities equal to or greater than their reportable quantity.
EPCRA Section 304 Exemptions: Releases
The statute provides several exemptions from notification. They are:
• "Federally permitted release" as defined under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 section 101(10), 42 U.S.C. 9601(10);
• releases which result in exposure to persons solely within the site or sites on which the
facility is located;
• "continuous releases" as defined under CERCLA section 103((F)(2) except for initial
reporting of the release and statistically significant releases;
26
-------
• application of a Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registered
pesticide, as defined under CERCLA section 103(e) in accordance with its intended
purpose;
• emissions from engine exhaust of a motor vehicle, rolling stock, aircraft, or pipeline
pumping station;
• normal application of fertilizer, and;
• release of source, byproduct, or special nuclear material from a nuclear incident at a
facility subject to requirements of the Price-Anderson Act (i.e. nuclear power plants).
EPCRA SECTIONS 311 and 312 - Hazardous Substance Inventory
• EPCRA sections 311 and 312 - requires reporting where a facility is required to maintain a
Material Safely Data Sheet (MSDS) for a hazardous chemical and has that chemical at or above
the threshold.
• Requirements for reporting under EPCRA sections 311 and 312 of EPCRA 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).
Under EPCRA sections 311 and 312, the chemicals that need to be reported are those hazardous
chemicals which require an MSDS that a facility has present at any one time in the amount equal
to or greater than 10,000 pounds and for extremely hazardous substances (EHS) which require an
MSDS present at the facility in an amount greater than or equal to 500 pounds or Threshold
Planning Quantity (TPQ), whichever is lower. The minimum threshold for reporting in response
to requests from a SERC or LEPC for submission under EPCRA sections 311 and 312 is zero.
• Under EPCRA section 312, if a Federal facility has a subject chemical during calendar year
1994, the facility is to submit an Emergency and Hazardous Chemical Inventory report (Tier I)
including those subject chemicals to the State Emergency Response Commission (SERC), Local
Emergency Planning Committee (LEPC), and the local fire department by March 1, 1995 (and
annually thereafter). Most states require the Tier II report, and facilities are required to include
other chemicals if they are requested by the SERC or LEPC. Submission of Tier II reporting is
considered compliance with EPCRA not an independent state requirement. For more information
on state/local reporting requirements, facilities should contact the EPCRA Information Hotline at
1-800-535-0202.
EPCRA Sections 311 and 312: Hazardous Chemicals Exemption
Besides exemptions from the requirement to have or maintain Material Safety Data Sheets
(MSDSs) as defined by the Occupational Safety and Health Administration, section 31 l(e) of
27
-------
EPCRA also exempts the following chemicals from being considered hazardous chemicals under
EPCRA sections 311 and 312:
• any food, food additive, color additive, drug, or cosmetic regulated by the Food and
Drug Administration;
• 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;
• any substance to the extent it is used for personal, family, or household purposes, or is
present in the same form and concentration as a product packaged for distribution and use
by the general public;
• any substance to the extent it is used in a research laboratory or a hospital or other
medical facility under the direct supervision of a technically qualified individual; and
• 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.
EPCRA SECTION 313 - TRI (TOXICS RELEASE INVENTORY)
Under EPCRA section 313, owners or operators of certain facilities are required to submit
reports each year on the releases and transfers of listed toxic chemicals. The list of chemicals for
reporting year 1994 is included in the appendices of this document. The purpose of this reporting
requirement is to inform government officials and the public about releases of toxic chemicals into
the environment. EPCRA section 313 and the Pollution Prevention Act require facilities to report
releases to air and water, disposal on land and by underground injection wells, transfers to
publicly owned treatment works (POTWs), and the amount of the chemical recycled and treated
both on-site and off-site. The facility must also report source reduction techniques implemented
during the reporting year. The reports must be sent to the U.S. EPA and to designated state
agencies. Reports are due on or before July 1 each year for activities occurring in the previous
calendar year.
A federal facility must report if it meets all the following criteria:
It has 10 or more full-time employees (or the equivalent of 20,000 hours per year); and,
It annually manufactures or processes more than 25,000 pounds, or otherwise uses over
10,000 pounds of any of the listed toxic chemicals.
28
-------
Manufacture - means to produce, prepare, import, or compound one of the toxic
chemicals. Manufacture also includes coincidental production of a toxic chemical
(e.g. formaldehyde generated as a byproduct of a waste treatment process).
Process - means the preparation of a listed toxic chemical, after its manufacture,
for distribution in commerce. Distribution in commerce includes sending the toxic
chemical to another facility for further processing or use, regardless of whether
funds were exchanged as part of the transaction. In general, processing is the
incorporation of a toxic chemical into a material or product and includes making
mixtures, repackaging, or using a chemical as a feedstock, raw material, or starting
materials for making another chemical.
Otherwise Use - applies to any use of a toxic chemical at a covered facility that is
not covered by the terms "manufacture" or "process". "Otherwise use" is generally
a non-incorporative activity (e.g. use of chlorine to treat waste water). "Otherwise
use" is likely to be the predominant activity for federal facilities.
The definitions of these terms can be found in the regulations implementing section 313 at
40 CFR 372.3.
Chemical coverage:
• Chemicals are added to or taken off the EPCRA section 313 list through rulemaking. Any
EPCRA section 313 chemical added or deleted must be taken into consideration by Federal
agencies for the purposes of meeting annual EPCRA section 313 reporting required by the
Executive Order. A Federal Agency does not have to modify its 50 percent reduction baseline in
response to additions to the Section 313 list. For deletions of chemicals from the list, a Federal
Agency can take one of two approaches. The agency could normalize the 50 percent reduction
goal to account for the deleted chemical(s) in subsequent years. Alternatively, the agency could
continue to report the deleted chemical as a toxic pollutant and continue to count volumes
reduced from the original reduction goal.
Threshold determinations:
• The requirements for reporting under EPCRA 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. This is not a release-based reporting requirement. If a facility has
the equivalent of 10 or more employees and exceeds a chemical threshold, it must file an EPCRA
section 313 reporting form (Form R) regardless of whether any releases of the chemical occurred.
If no releases have occurred, the facility would report, as appropriate, zeros or "NA" (not
applicable) in the release estimate sections of Form R.
29
-------
• If a facility is only storing toxic chemicals, those chemicals are not included in EPCRA section
313 threshold determinations, because thresholds are based on manufacturing, processing, or
otherwise use of the toxic chemical. Repackaging (e.g., pouring the contents of a 55 gallon drum
into smaller containers) for further distribution is considered processing, and the quantities of the
toxic chemicals repackaged would have to be applied to the processing threshold. However,
simply relabeling or removing and distributing prepackaged quantities from a shrink-wrapped
shipment of such packages is not considered processing.
• For the purposes of section 313 of EPCRA, amounts of toxic chemical stockpiled for the
purpose of use at the facility are not applied to any chemical activity threshold. This is because
stockpiling does not constitute manufacture, process or otherwise use of a chemical. However, if
a facility exceeds an activity threshold for a chemical because of other activities involving the
chemical, any amounts of that chemical that escape to air or remain in the soil from the stockpiled
material (e.g., evaporative losses to air, material leached to the ground, etc.) must be reported as
released to the environment on-site.
• For the purposes of section 313 of EPCRA, amounts of toxic chemical which are only treated
or disposed at the facility are not applied to any chemical activity threshold. This is because
EPA's current interpretation is that such treatment or disposal of a chemical does not constitute
the manufacture, process, or otherwise use of that chemical. However, if a facility exceeds an
activity threshold for a chemical because of other activities involving the chemical, any amounts of
that chemical which are only treated or disposed at the facility must be reported on the facility's
Form R, even though those amounts were not applied to an activity threshold. For example, a
facility processes 25,000 pounds of benzene. The facility also receives from another facility 5,000
pounds of benzene, which it disposes on-site. The 5,000 pounds of benzene received from
another location would not be applied towards the facility's activity thresholds. However, because
the facility exceeds the processing threshold for benzene, a Form R is required, and the 5,000
pounds of benzene which were received from the other facility and disposed must be included in
that report.
Remedial actions:
As with treatment and disposal, amounts of toxic chemicals contained in material which is
undergoing remediation are not applied to any activity threshold. This is because remediation of
material contaminated with a toxic chemical currently is not considered manufacture, process or
otherwise use of that chemical. However, a toxic chemical that is used to aid a remediation
process must be counted toward the otherwise use threshold. Also, if a listed toxic chemical is
coincidentally manufactured as a result of a remedial action, that amount must be applied to the
manufacturing threshold.
Although the amount of toxic chemical undergoing remediation is not applied to threshold
determinations, the amount of that chemical released, transferred or managed as waste as a result
of the remedial action must be included on the facility's Form R if the facility exceeds an activity
30
-------
threshold for other activities involving the toxic chemical. For example, a facility processes more
than 25,000 pounds of lead. This facility also undertakes a remediation activity on-site to clean
up soil which has become contaminated with lead. The amounts of lead in this soil are not applied
to any activity threshold. However, because the facility exceeds the processing threshold for lead,
the facility must file a Form R, and any amounts of lead disposed as a result of the remedial
activity must be included in the Form R.
A facility may recover a listed toxic chemical from a remedial action site. If the toxic
chemical recovered as a result of the remedial activity is simply treated, disposed, or transferred
off-site for treatment or disposal, this recovery does not constitute processing, and the amounts
recovered are not applied to any activity threshold. However, if the recovered toxic chemical is
further processed on-site or is distributed in commerce, the amount recovered must be applied to
the processing threshold. Also, if the toxic chemical is recovered for use on-site, the amount
recovered and subsequently used must be applied to the otherwise use threshold.
Reductions goal:
• EPCRA Section 313 reported releases and off-site transfers for treatment or disposal are likely
to be the predominant quantities that form both the baseline against which reductions goals are
applied and the measure of future progress.
• For Federal agencies, the baseline year for the 50 percent reduction goal is the first year for
which all of the agency's covered facilities publicly reported, but no later than 1994. [The
Executive Order does not affect Government Owned, Contractor Operated facilities (GOCO's)
previous reporting or reductions.] The Federal agency baseline amount will be the aggregate
amount of all releases and transfers for treatment and/or disposal reported by the agency's
facilities.
• Federal facilities that reported and reduced releases prior to the baseline year should highlight
and feature those reductions in their facility pollution prevention plans and other public documents
related to the Executive Order.
• Quantities of listed toxic chemicals released or transferred as a result of remediation of
hazardous wastes generated prior to August 3, 1993 cannot be included in the baseline quantity
for the purpose of measuring progress toward a 50 percent reduction goal. This is because the
definition of "toxic pollutant" provided in Section 2-207 of this Executive Order does not include
hazardous waste generated prior to the date of the Executive Order.
31
-------
EPCRA Section 313 Exemptions
EPA, by regulation, has exempted certain uses of toxic chemicals by facilities in SIC codes
20-39 from the EPCRA section 313 threshold determinations and reporting. Section 3-304(b) of
the Executive Order applies these regulatory exemptions to the Federal agencies. The exemptions
were created to provide a certain degree of reporting burden relief for covered manufacturing
facilities by exempting small and ancillary uses of listed chemicals from the reporting
requirements. To date, EPA regulations and guidance regarding EPCRA section 313 reflect
circumstances related to manufacturers' activities in SIC Codes 20-39 and, as such, have not taken
into account Federal facility compliance with the EPCRA and PPA reporting requirements as set
forth in the Executive Order.
The regulations at 40 CFR 372.38(c) promulgated pursuant to EPCRA include the
following use exemptions: structural component use exemption, routine janitorial/facility grounds
maintenance use exemption, personal use exemption, motor vehicle maintenance use exemption,
and intake water/air use exemption. The regulation for the laboratory activities exemption can be
found at 40 CFR 372.38(d) (see appendix for CFR provisions). Other exemptions relating to de
minimis quantities in mixtures and an exemption for toxic chemicals present in articles are also
outlined in Section 372.38. The preamble to the final rule codifying these regulations (53 FR
4500, February 16, 1988) discusses the rationale for these exemptions.
In general, these exemptions were included as a further burden reducing measure for the
manufacturing facility. The use exemptions relate to activities that, in the manufacturing sector,
do not generally occur at a large scale or that are ancillary to the operations of manufacturing
facilities. Federal facilities may apply these exemptions to their operations. However, EPA
recommends that Federal facilities consider the scale of the activity as part of their overall
threshold determination process. For example, the Department of Defense has given guidance to
their facilities to include in their threshold and release determinations certain large-scale
maintenance of motor vehicles at their facilities.
1.) EPCRA Section 313: Motor Vehicle Maintenance Use Exemption
Amounts of listed toxic chemicals in products used to maintain motor vehicles operated by
the facility do not have to be factored into threshold and release determinations. The term "motor
vehicles" could include, but it is not limited to: cars, trucks, planes, watercraft, missiles,
spacecraft, military vehicles (e.g., tanks), and motorized vehicles such as cranes and forklifts.
This exemption, provided by rule, was designed to relieve manufacturing facilities from
tracking small quantities of listed toxic chemicals (e.g., ethylene glycol in antifreeze) associated
with maintaining vehicles operated by the facility. Generally in manufacturing facilities such
vehicle operation is an ancillary administrative use (e.g. vans for moving employees around the
facility), not a use of such scale as to generally involve significant quantities of a listed chemical.
32
-------
Not all uses of a toxic chemical in activities involving motor vehicles are exempt. Because
the exemption applies only to chemicals used to maintain a motor vehicle, it does not apply to the
manufacturing of motor vehicles. Amounts of toxic chemicals manufactured, processed or used in
the manufacturing or rebuilding of motor vehicles must be counted toward the applicable
thresholds. Also, the exemption applied only to chemicals used to maintain vehicles operated by
the facility. Amounts of toxic chemicals used at a facility to maintain vehicles operated by other
facilities would not be exempt. For example, a central maintenance or repair facility would have
to include in its threshold and release determinations amounts of chemicals used in the
maintenance and repair of vehicles operated by other facilities.
2.) EPCRA Section 313: Laboratory Activity Exemption
Under the laboratory activity exemption (40 CFR 372.38(d)), listed toxic chemicals that
are manufactured, processed, or otherwise used in laboratory activities at a covered facility under
the direct supervision of a technically qualified individual do not have to be considered for
threshold and release determinations. "Technically qualified individual" is defined by the Toxic
Substances Control Act regulations (40 CFR 720.3(ee)). The exemption applies to quality
control, research and development, equipment and component testing, and other laboratory
activities.
The laboratory activity exemption was intended to reduce the chemical tracking burden of
manufacturing facilities that also conduct laboratory activities. The regulations are intended to
exempt the facility from tracking small or diffuse quantities of listed chemicals used for quality
control, experimental, or certain information-generating purposes, (see 53 FR 4503 (February 16,
1988)).
The laboratory activity exemption is not intended as a blanket exemption for any facility
which is a laboratory or has the title "laboratory" in its name. Likewise, the absence of
"laboratory" in the name of a facility does not necessarily mean that a facility's activities do not
qualify for the laboratory activity exemption. The characteristic of the activity and conditions
under which it occurs determine whether the manufacture, process, or otherwise use of a listed
toxic chemical qualifies for the exemption. As with the other exemptions, each facility must
carefully consider the nature of its activities in determining whether the laboratory activities
exemption applies.
This exemption does not apply in the following cases:
(1) Specialty chemical production.
(2) Manufacture, processing, or use of toxic chemicals in pilot plant scale operations.
(3) Activities conducted outside the laboratory.
33
-------
"Specialty chemical production" refers to chemicals produced in a laboratory setting that are
distributed in commerce or for use other than in laboratory activities at the facility or elsewhere.
Listed chemicals manufactured, processed, or otherwise used in a pilot-scale plant operation must
also be accounted for because the scale is of sufficient magnitude that the burden of tracking and
reporting is presumed to be reasonable (unlike, for example, in bench-scale operations).
Activities that do not directly support research and development, sampling and analysis, or
quality assurance or control are not exempt from EPCRA section 313 reporting as laboratory
activities. For example, listed chemicals used to develop film exposed during an experiment or
used to sterilize instruments in a hospital are not exempt from reporting under this exemption.
If a chemical was produced or used in a laboratory activity, any portion of it which is
subsequently used in a non-laboratory activity would no longer be exempt from reporting. Also, a
quantity of listed toxic chemical in materials which are sampled from processing operations and
are subsequently sent to a laboratory for quality control purposes may not be subtracted from the
total amount of the chemical factored into the facility's threshold determinations.
3.) EPCRA Section 313: Structural Component Use Exemption
The structural component use exemption (40 CFR 372.38(c)(l)) exempts from threshold
and release determinations toxic chemicals that are structural components of the facility or that
are used to ensure or improve the facility's structural integrity. This exemption applies to listed
chemicals in materials that are part of the facility's structure, such as copper in pipes used for the
plumbing in the facility. Listed chemicals contained in paints applied to maintain the physical
integrity of the facility are exempt under the structural component use exemption, even though
volatile solvents in the paint do not become part of the structure.
Under this exemption, the facility does not have to account for releases that occur due to
passive degradation which occurs naturally in structural components of a facility. However, the
exemption does not apply to toxic chemicals in items which are intended to wear down and to be
replaced because of the nature of their use, such as grinding wheels.
EPCRA Section 313: Routine Janitorial/Facility Grounds Maintenance Use Exemption
Toxic chemicals contained in products used for routine janitorial and facility grounds
maintenance are exempt from EPCRA section 313 reporting (40 CFR 372.38(c)(2)). To qualify
for the exemption, the materials or products (e.g., bathroom cleaners, fertilizers, or pesticides)
must contain listed toxic chemicals in the same form and concentration as products commonly
distributed to consumers. Chemicals which are used for routine janitorial or facility grounds
34
-------
maintenance but which are not in the same form and concentration commonly distributed to
consumers are not exempt.
Facility equipment maintenance is not considered a routine janitorial or grounds
maintenance activity, and therefore is not exempt under this exemption. Chemicals used for
cleaning or maintenance activities which are integral to the production processes of the facility are
not exempt. For example, chemicals used to sterilize equipment at a hospital would not be
exempt from threshold and release calculations. Application of a pesticide to maintain the
appearance of an ornamental pond would be exempt, while application of a pesticide to assist in
timber production would not be exempt.
4.) EPCRA Section 313: Personal Use Exemption
The personal use exemption (40 CFR 372.38(c)(3)) exempts from required reporting the
personal use of listed toxic chemicals in products by employees or other persons at the facility.
This exemption covers the personal use of toxic chemicals in, for example, a facility-operated
cafeteria, commissary, exchange, infirmary, or in activities associated with morale, welfare and
recreation. Types of products that are used for "personal use" include, for example, foods, drugs,
cosmetics, office supplies, or other personal items.
The personal use exemption covers toxic chemicals used for reasons of personal comfort,
necessity, or other such purposes. If a toxic chemical is used for both personal and non-personal
purposes, only the amount used for non-personal purposes should be applied to threshold
determinations. If these amounts cannot be distinguished, then the facility should apply the total
amount to threshold determinations. Note that while infirmary scale use of personal items such as
drugs is covered by this exemption, hospital activities other than the personal use of drugs must
be reported if threshold levels are reached at the facility.
5.) EPCRA Section 313: Intake Water/Air Use Exemption
For water use, the intake water/air use exemption exempts the use of toxic chemicals
present in process water or non-contact cooling water, as drawn from the environment or from
municipal sources. For air use, the intake water/air use exemption exempts toxic chemicals
present in air used either as compressed air or for combustion (40 CFR 372.38(c)(5)). If the air
or water qualifies for this exemption, this quantity of the listed chemical remains exempt even
though the toxic chemical may be returned with its medium to the environment.
6.) EPCRA Section 313: Article Exemption
Quantities of a listed toxic chemical present in an article do not have to be factored into
threshold or release determinations when that article is processed or otherwise used at a facility.
An article is defined as a manufactured item that is formed to a specific shape or design during
manufacture, that has end-use functions dependent in whole or in part upon its shape or design
35
-------
during end-use, and that does not release a toxic chemical under normal conditions of the
processing or otherwise use of that item at the facility.
The article exemption applies to the normal processing or otherwise use of an article. It
does not apply to the manufacture of an article. Toxic chemicals present in articles manufactured
at a facility must be factored into threshold and release determinations.
7.) EPCRA Section 313: De Minimis Exemption
A listed toxic chemical present in a mixture at a concentration below a specified de
minimis level may be exempt from threshold determinations and reporting requirements. The de
minimis level is less than 1.0%, or 0.1% if the toxic chemical meets the Occupational Safety and
Health Administration's carcinogen standard. The EPCRA Form R instructions document lists the
de minimis level for each toxic chemical and provides further guidance for determining when the
de minimis exemption is applicable. For mixtures that contain more than one member of a listed
toxic chemical category the de minimis level applies to the aggregate concentration of all such
members and not to each individually.
8.) Property Owners
If the Federal entity is in a simple landlord role and receives no service or benefit from
lessees, other than rent or a fee, then the Federal landlord is not required to account for the
lessee's activities at that facility under EPCRA section 313 (40 CFR 372.38(e)). The operator of
that establishment, however, may be subject to the reporting requirements. For example, GSA
leases a building to EPA and has no other interest in the site. EPA, not GSA, would be
responsible for reporting on activities conducted at the site.
36
-------
PART III
EXECUTIVE ORDER 12856
Federal Compliance with Right-to-Know Laws and
Pollution Prevention Requirements
LEADERSHIP OPTIONS
These options are not requirements of the Executive Order.
Due to the current absence of Federal agency experience in implementing provisions of
EPCRA and the unique nature of many Federal facility operations, the Federal community has an
opportunity to consider initiatives that have benefit beyond the goals of the Executive Order.
Where resources and time allow, Federal agencies and facilities should consider pursuit of
leadership activities which reflect the goals expressed in the Executive Order.
To assist Federal agencies in this review, options for reporting certain release pathways
that are not currently addressed in the regulatory framework but which may contribute to toxic
chemical releases, are provided in the following discussions. Where examples of ongoing
activities were available, these examples have been included. In large part, these options reflect
continuing efforts to improve the effectiveness of EPCRA and PPA and incorporate activities
currently under consideration for inclusion in the regulatory framework. These recommendations
are not binding upon Federal agencies or facilities and should not be considered as such by any
party.
37
-------
Section 1. Applicability.
Section 1 -102.
"Except as otherwise noted, this order is applicable to all Federal agencies that either own
or operate a 'facility' as that term is defined in section 329(4) of EPCRA, if such facility
meets the threshold requirements set forth in EPCRA for compliance as modified by
section 3-304(b) of this order ('covered facilities'). Except as provided in section 1-103 and
section 1-104 below, each Federal agency must apply all of the provisions of this order to
each of its covered facilities, including those facilities which are subject, independent of this
order, to the provisions of EPCRA and PPA (e.g., certain Government-owned/contractor-
operated facilities (GOCO's), for chemicals meeting EPCRA thresholds)."
LEADERSHIP OPTIONS: While the Executive Order is not applicable to Federal entities other
than Federal agencies as defined above, all Federal entities should nevertheless consider
implementation of appropriate sections of the Executive Order where feasible and practicable.
Likewise, Federal agencies that have no facilities meeting the thresholds for "covered" facilities
are encouraged to comply with both the community right-to-know and pollution prevention
aspects of the Executive Order. EPA will work with Federal entities to assist in these efforts.
Section 1-102 (continued)
"This order does not apply to Federal agency facilities outside the customs territory of the
United States, such as United States diplomatic and consular missions abroad."
LEADERSHIP OPTIONS: Section 2-201 of the Executive Order incorporates all definitions in
EPCRA and its implementing regulations; this includes the definition of "customs territory of the
United States" at 40 CFR 372.3: "the 50 States, the District of Columbia, and Puerto Rico."
Notwithstanding the definition of "customs territory of the United States," EPA recommends that
Federal facilities comply with the Executive Order if they are located in a State as defined in
section 329(a) of EPCRA: "any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the
Northern Mariana Islands, and any other territory or possession over which the United States has
jurisdiction." It should be noted that the Department of Defense has encouraged its facilities
outside of the customs territory or within other sovereign nations to abide by the spirit of the
Executive Order.
Further, while specific requirements of Executive Order 12856 are not applicable to
Federal facilities located outside the customs territory of the United States, Federal facilities in
these locations are encouraged to: (1) plan for prevention of potential harm to the public
through chemical releases; (2) provide information to the public on toxic chemical releases and
transfers; (3) follow the hierarchy in the Pollution Prevention Act — source reduction, recycling,
38
-------
treatment, and disposal and; (4) incorporate pollution prevention into facility management and
acquisition activities.
Section 1-104.
"To facilitate compliance with this order, each Federal agency shall provide in all future
contracts between the agency and its relevant contractors, for the contractor to supply to
the Federal agency all information the Federal agency deems necessary for it to comply
with this order. In addition, to the extent that compliance with this order is made more
difficult due to lack of information from existing contractors, Federal agencies shall take
practical steps to obtain the information needed to comply with this order from such
contractors."
LEADERSHIP OPTIONS: GOCO's and other contractors are encouraged to provide necessary
information to Federal agencies even when current contracts do not legally obligate them to do
so.
Section 2-2. Definitions.
Section 2-203. Pollution Prevention.
"'Pollution prevention' means 'source reduction,' as defined in the PPA, and other
practices that reduce or eliminate the creation of pollutants through: (a) increased
efficiency in the use of raw materials, energy, water, or other resources; or (b) protection of
natural resources by conservation."
LEADERSHIP OPTIONS: It should be recognized that increased efficiency in the use of raw
materials, energy, water, or other resources as well as conservation of natural resources results in
the reduction or elimination of: (1) pollution associated with the initial production of materials;
(2) pollution generated by the use or processing of the raw material, and; (3) adverse impacts to
natural resources caused by pollution releases into the environment as well as disposal.
Federal agency pollution prevention approaches and practices that contribute to the
protection and conservation of natural resources and may contribute to the toxic chemical
reductions goals of the Executive Order could include:
- reduction in the use of water and chemical inputs;
- use of less environmentally harmful pesticides or adoption of less damaging pest control
practices;
- use of alternative, less environmentally damaging fuels;
39
-------
- increased use of energy efficient equipment; and
- design changes that reduce demand for chemical pollutants and/or energy.
Section 3-3: Implementation
Section 3-301. Federal Agency Strategy.
"Within 12 months of the date of this order, the head of each Federal agency must develop
a written pollution prevention strategy to achieve the requirements specified in sections 3-
302 through 3-305 of this order for that agency. A copy thereof shall be provided to the
Administrator."
LEADERSHIP OPTIONS: Federal agencies that do not have "covered facilities" which meet
the reporting thresholds set out in sections 3-302, 3-304, or 3-305 are nonetheless encouraged to
develop a pollution prevention strategy to achieve the goals set forth in the Executive Order. See
also discussion for section 1-102.
Section 3-301. Federal Agency Strategy, (continued)
"Federal agencies are encouraged to involve the public in developing the required
strategies under this order and in monitoring their subsequent progress in meeting the
requirements of this order."
LEADERSHIP OPTIONS: Public involvement and community awareness are two basic tenets
of Executive Order 12856. This provision encourages agencies to include the public in the
process of developing all agency strategies and inform the public of agency progress in meeting
the requirements of this Executive Order. Agencies may meet this goal through a variety of
outreach mechanisms including but not limited to public meetings and hearings, advisory
committees, Federal Register notices, or public notices.
Section 3-301(a). Federal Agency Strategy, (continued)
"The strategy shall include, but shall not be limited to the following elements: (a) A
pollution prevention policy statement, developed by each Federal agency, designating
principal responsibilities for development, implementation and evaluation of the strategy.
The statement shall reflect the Federal agency's commitment to incorporate pollution
prevention through source reduction in facility management and acquisition, and it shall
identify an individual responsible for coordinating the Federal agency's efforts in this
area."
LEADERSHIP OPTIONS: In developing pollution prevention policies and strategies, Federal
agencies should consider their role and position as: (1) a consumer and purchaser of goods and
40
-------
services that cause pollution; (2) a manufacturer, processor and generator of pollution, and; (3) a
policymaker and regulator responsible for control and reduction of pollution.
Additionally, the individual responsible for coordinating the agency's pollution prevention
program and overseeing agency compliance with the Executive Order should be a senior agency
manager/policymaker with sufficient authority to ensure full implementation of all Executive
Order requirements. Agencies may wish to review "Agency Environmental Executive"
requirements of section 302 of Executive Order 12873 in designating the individual responsible
for coordinating the agency's pollution prevention program and overseeing agency compliance
with the Executive Order.
Section 3-302 (c). Toxic Chemical Reduction Goals.
"Alternatively, a Federal agency may choose to achieve a 50 percent reduction goal for
toxic pollutants. In such event, the Federal agency shall delineate the scope of its reduction
program in the written pollution prevention strategy that is required by section 3-301 of
this order. The baseline for measuring reductions for purposes of achieving the 50 percent
reduction requirement for each Federal agency shall be the first year in which releases of
toxics pollutants to the environment and off-site transfers of such chemicals for treatment
and disposal are publicly reported for each of that Federal agency's facilities encompassed
by section 3-301. In no event shall the baseline year be later than the 1994 reporting year.
The baseline amount as to which the 50 percent reduction goal applies shall be the
aggregate amount of toxic pollutants reported by the agency in the baseline year. For any
toxic pollutants included by the agency in determining its baseline under this section, in
addition to toxic chemicals under EPCRA, the agency shall report on such toxic pollutants
annually under the provisions of section 3-304 of this order, if practicable, or through an
agency report that is made available to public."
LEADERSHIP OPTIONS: Federal agencies which do not meet reporting thresholds for any
EPCRA section 313 toxic chemical are encouraged to establish a "toxic pollutant" baseline and
establish a 50 percent reduction goal for these chemicals and wastes. Such Federal agencies
should delineate the scope of their toxic pollutant baseline in the agency pollution prevention
strategy required by section 3-301 of this Executive Order and outline their agency's plan for
contributing to the goals of the Executive Order.
3-303(a). Acquisition and Procurement Goals.
"Each Federal agency shall establish a plan and goals for eliminating or reducing the
unnecessary acquisition by that agency of products containing extremely hazardous
substances or toxic chemicals. Similarly, each Federal agency shall establish a plan and
goal for voluntarily reducing its own manufacturing, processing, and use of extremely
hazardous substances and toxic chemicals. Priorities shall be developed by Federal
agencies, in coordination with EPA, for implementing this section."
41
-------
LEADERSHIP OPTIONS: Federal agencies should note that there is some overlap between
this section and Executive Order 12873 entitled "Federal Acquisition, Recycling, and Waste
Prevention." Pursuant to section 503 of Executive Order 12873, EPA is required to issue
guidance which "recommends principles that agencies should use in making determinations for the
preference and purchase of environmentally preferable products." This guidance, which is
scheduled to be issued in mid-1995, will provide opportunities for federal pilot projects and is
likely to include considerations that will assist in agency implementation of section 3-303(a) of
Executive Order 12856.
Agencies should consider merging guidelines established under Executive Order 12873
with agency plans and goals for eliminating or reducing the unnecessary acquisition of products
containing extremely hazardous substances or toxic chemicals as well as plans for reducing
manufacturing, processing, and use of extremely hazardous substances or toxic chemicals at
agency facilities. For further information on the Executive Order 12873 guidance, consult EPA's
EPCRA Hotline. To assist in the sharing of agencies' acquisition and procurement goals, agencies
are encouraged to provide copies of the agency plans to EPA for distribution.
3-303(d). Acquisition and Procurement Goals.
"Federal agencies are encouraged to develop and test innovative pollution prevention
technologies at their facilities in order to encourage the development of strong markets for
such technologies. Partnerships should be encouraged between industry, Federal agencies,
Government laboratories, academia, and others to assess and deploy innovative
environmental technologies for domestic use and for markets abroad."
LEADERSHIP OPTIONS Federal agencies should emphasize pollution prevention in their
investments in research, development, testing, and evaluation (RDT&E). The Federal
government invests significant resources in RDT&E. Because many of the environmental
problems which could be addressed by pollution prevention technologies and strategies are the
same at Federal facilities as they are at private facilities, emphasis on pollution prevention in
RDT&E could result in environmental benefit beyond the Federal sector. Furthermore, strong
partnerships with the private sector, with emphasis on innovative pollution prevention technology
will maximize return on Federal expenditure and assist private industry in developing stronger,
environmentally sound markets domestically and abroad.
3-304(b). Toxics Release Inventory/Pollution Prevention Reporting.
"The head of each Federal agency shall comply with these provisions without regard to the
Standard Industrial Classification (SIC) delineations that apply to the Federal agency's
facilities, and such reports shall be for all releases, transfers, and wastes at such Federal
agency's facility without regard to the SIC code of the activity leading to
42
-------
the release, transfer, or waste. All other existing statutory or regulatory limitations or
exemptions on the application of EPCRA section 313 shall apply to the reporting
requirements set forth in sections 3-304(a) of this order."
LEADERSHIP OPTIONS: Significant opportunities exist in implementation of this section of
the Executive Order, particularly with regard to application of the exemptions to reporting.
Removal of the SIC code limitations for Federal facilities reporting provides a unique opportunity
to the Federal government to take the lead in community right-to-know and pollution prevention
because potentially harmful activities that are unique to Federal facilities or have not been
previously covered in EPCRA reporting requirements will be reported and addressed in pollution
prevention efforts. For example, DOD has elected to report for certain activities that might
otherwise be excluded under the motor vehicle maintenance exemption and EPA has elected to
forego the laboratory activity exemption for its facilities.
Section 4-403. Technical Advice
"In addition, 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."
LEADERSHIP OPTIONS :Federal facility employees are likely to already have extensive
knowledge of the toxic chemicals, hazardous materials, and extremely hazardous substances on
their facilities to meet OSHA Worker Right-to-Know requirements. Federal facilities should
encourage their employees to share knowledge information or expertise concerning emergency
planning with LEPC's and should support those efforts. Federal agencies may also wish to work
with their State Emergency Response Commission to establish an LEPC for individual facilities.
In some communities, the Federal facility is the largest single activity/employer in the area.
In these cases, that facility will likely have more technical resources than the local community. In
keeping with the overall intent of this Order and the specific requirements of this section, Federal
facilities are encouraged to work closely with appropriate LEPC's.
Section 4-404.
" ... Federal agencies should apply to the maximum extent practicable, life cycle analysis
and total cost accounting principles to all projects needed to meet the requirements of this
order."
43
-------
LEADERSHIP OPTIONS: Federal agencies should strive to include long-term, cost effective
accounting and planning mechanisms to the budget and resource planning process necessary to
implement Executive Order 12856. EPA is currently developing a "Draft Costing and Life-Cycle
Analysis for Pollution Prevention Investments: A Practical User's Guide to Environmental Project
Financial Analysis at Federal Facilities". This guide is designed to provide technical assistance to
Federal Agencies on the principles of the investment justification techniques of Life-Cycle
Analysis (LCA), Life-Cycle Costing (LCC), and Total Cost Assessment (TCA) as they relate to
justifying Pollution Prevention projects at Federal facilities.
This "Draft" guide introduces the concepts associated with utilizing the techniques
identified in Section 4-404 of the Executive Order by:
1) Providing definitions of pollution prevention, LCA, LCC, and TCA.
2) Outlining the advantages of TCA principles as the relate to identifying the true
costs of pollution prevention activities.
3) Providing the methodology of TCA with examples to justify pollution prevention
projects.
4) Outlining the incentives and challenges of utilizing TCA principles at Federal
facilities.
This guide will provide Federal agencies with a good introduction to the concepts of LCA
and TCA as mentioned in Section 4-404 of the Executive Order. This information will be
available through the Pollution Prevention Information Clearinghouse at (202) 260-1023.
Section 4-405. Federal Government Environmental Challenge Program.
"The Administrator shall establish a 'Federal Government Environmental Challenge
Program' to recognize outstanding environmental management performance in Federal
agencies and facilities. The program shall consist of two components that challenge Federal
agencies; (a) to agree to a code of environmental principles to be developed by EPA, in
cooperation with other agencies, that emphasizes pollution prevention, sustainable
development and state-of-the-art environmental management programs, and (b) to submit
applications to EPA for individual Federal agency facilities for recognition as 'Model
Installations.' The program shall also include a means for recognizing individual Federal
employees who demonstrate outstanding leadership in pollution prevention."
LEADERSHIP OPTIONS: Federal agencies are encouraged to formally endorse the code of
environmental principles at the highest possible level once it is established under the
Environmental Challenge program. Agencies are further encouraged to participate in model
installation programs established under the Environmental Challenge program and provide
suggestions for additional environmental leadership opportunities to the Planning Workgroup.
Section 5-5. Compliance.
44
-------
Section 5-501.
"By December 31,1993, the head of each Federal agency shall provide the Administrator
with a preliminary list of facilities that potentially meet the requirements for reporting
under the threshold provisions of EPCRA, PPA, and this order."
LEADERSHIP OPTIONS: Federal agencies not covered by the Executive Order are
encouraged to join covered agencies in responding to the President's call for Environmental
Leadership by the Federal community. Each Federal agency covered by the Executive Order is
encouraged to revise and update the agency covered facility list periodically (annually) as new
information becomes available regarding that agency's facilities. Revised information should be
submitted to EPA.
Section 5-505.
"Federal agencies are further encouraged to comply with all state and local right-to-know
and pollution prevention requirements to the extent that compliance with such laws and
requirements is not otherwise already mandated."
LEADERSHIP OPTIONS: Certain states and local governments have right-to-know and
pollution prevention, facility planning, or toxics use reduction laws and requirements which are
broader in scope or more stringent than the Federal EPCRA and PPA requirements. Even where
such differences exist, this Executive Order encourages Federal agencies and facilities to make
good faith efforts to comply with these broader or more stringent state and local requirements.
Such requirements may be addressed and highlighted in facility plans required by section 3-302(d)
of the Executive Order. For more information on state and local right-to-know and pollution
prevention requirements, Federal agencies should contact appropriate state and local authorities.
Section 5-508.
"To the extent permitted by law and unless such documentation is withheld pursuant to
section 6-601 of this order, the public shall be afforded ready access to all strategies, plans,
and reports required to be prepared by Federal agencies under this order by the agency
preparing the strategy, plan, or report. When the reports are submitted to EPA, EPA shall
compile the strategies, plans, and reports and make them publicly available as well.
Federal agencies are encouraged to provide such strategies, plans,
and reports to the State and local authorities where their facilities are located for an
additional point of access to the public."
45
-------
LEADERSHIP OPTIONS: One of the two basic tenets of this Executive Order is "community
right-to-know." Federal agencies and facilities should ensure that open channels of
communication exist with state and local regulators and local communities. Federal facilities are
making substantial progress in the area of pollution prevention and community right-to-know and
should share this success through public outreach.
There are a number of possible ways to publicize efforts to implement this Executive
Order. One easy way is to submit strategies, plans, and reports to EPA's Pollution Prevention
Information Clearinghouse (PPIC), ENVIRO$EN$ electronic bulletin board system which
features pollution prevention among other environmental topics, at 703-506-1025.
Appropriate community outreach could include press releases, public meetings, public
notices or articles in local papers, contact (in person, by phone, or in writing) with the state and
local regulatory and technical assistance offices, speeches and presentations at conferences, etc.
Annual TRI Reports will be of particular importance to public outreach and community right-to-
know efforts. This information may create significant interest from local citizens and advocacy
groups when announced by the state and EPA. To take advantage of the opportunity to highlight
successes, Federal agencies and facilities should consider outreach opportunities such as press
conferences or public meetings to announce annual numbers in combination with local pollution
prevention initiatives at the same time the TRI reports are submitted to EPA and the state.
EPCRA SECTION 313 USE EXEMPTIONS:
LEADERSHIP OPTION: The use exemptions were promulgated in an effort to exempt
manufacturers in SIC codes 20-39 from reporting under EPCRA section 313 on their small and
ancillary uses of the listed chemical. Executive Order 12856 encompasses a broader range of
activities and the justifications for many of the small and ancillary use exemptions established
under EPCRA section 313 may not apply in the case of Federal facilities' adherence to the
Executive Order. EPA recommends that Federal facilities account for all significant uses and
releases of listed toxic chemicals. Federal agencies and facilities should carefully review their
manufacture, process and use of toxic chemicals to determine if application of the exemptions will
preclude reporting of toxic chemicals in normally reportable quantities.
Application of the Motor Vehicle Maintenance Exemption
LEADERSHIP OPTION: If a Federal facility conducts significant motor vehicle operations and
maintenance involving above-threshold quantities of listed toxic chemicals, then EPA recommends
that the facility seriously consider including these amounts in its threshold and release
46
-------
determinations under EPCRA Section 313. A facility is required to report for maintenance
activities performed on vehicles not operated by the facility itself. EPA also recommends that a
facility consider reporting amounts of chemicals used to maintain vehicles operated by the facility
itself, particularly in those cases where the facility knows that it is using significant quantities of
fuel to operate its vehicles. For example, known use of over 1 million pounds of gasoline could
mean that the facility has used in excess of 10,000 pounds of a listed toxic chemical component of
that fuel (e.g. if benzene was known to be present in the gasoline mixture in excess of 1%).
If a facility chooses to report for such use, EPA recommends that the facility focus its
efforts on estimating losses resulting from fuel storage and transfers. EPA would not expect the
facility to estimate "tailpipe emissions" from the vehicles it operates. That is, the facility would
not have to estimate the uncombusted fuel component or amounts of a listed toxic chemical
coincidentally manufactured as a result of the fuel combustion by the vehicle.
Application of the Laboratory Activity Exemption
LEADERSHIP OPTION: EPA encourages federal facilities to account for their use and release
of listed toxic chemicals from laboratory activities if they know that the aggregate scale of such
use exceeds thresholds. Some federal laboratory facilities may use a significant amount of a toxic
chemical even though all the activity may be carried out at the "bench level." For example, the
facility may know from purchasing records that it routinely uses in excess of 10,000 pounds of an
extraction solvent annually. It also knows that much of the solvent evaporates and is vented to
the outside air. EPA recommends that the facility report on this activity.
REPORTING ON REMEDIATION ACTIVITIES
LEADERSHIP OPTION: If the facility's only activity involving a toxic chemical is the
remediation of that chemical, under the current interpretation of the EPCRA Section 313
regulations, the facility exceeds no applicable threshold for the chemical and would not be
required to report for that chemical. This is a situation in which the construct of the rule may not
currently capture a potential significant source of releases and transfers of toxic chemicals from
federal facilities. In this "remediation only" case, EPA recommends that the Federal facility take a
leadership position and consider reporting for listed chemicals undergoing remediation. The
facility could apply towards the reporting threshold the amount of the toxic chemical in materials
undergoing remediation.
47
-------
APPENDIX 1:
ENVIRONMENTAL PROTECTION AGENCY CONTACTS
LISTED BY EPA REGION
48
-------
EPA REGIONAL PROGRAM CONTACTS
Region
CEPP Coordinators
TRI Coordinators
33/50 Coordinators
1 Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont
Ray DiNardo Dwight Peavey Dwight Peavey
(617) 860-4385 (617) 565-3230 (617) 565-3230
60 Westview Street One Congress Street One Congress Street
Lexington, MA 02173 Boston, MA 02203 Boston, MA 02203
New Jersey, New York, Puerto Rico, Virgin Islands
John Ulshoefer Nora Lopez Mary Ann Kowalski
(908) 321 -6620 (908) 906-6890 (908) 906-6815
2890 Woodbndge Ave. 2890 Woodbndge Ave. 2890 Woodbndge Ave.
Bldg. 209 (MS-211) Bldg. 10 (MS-105) Bldg. 10 (MS-105)
Edison, NJ 08837 Edison, NJ 08837 Edison, NJ 08837
Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia
David Wright Mikal Shabazz Bill Reilly
(215) 597-5998 (215) 597-3659 (215) 597-9302
Mail Code 3HW34 Mail Code 3AT31 841 Chesnut Street
841 Chesnut Street 841 Chesnut Street Philadelphia, PA 19107
Philadelphia, PA 19107 Philadelphia, PA 19107
4 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina,
Tennessee
Henry Hudson Carlton Hailey Beverly Mosely
(407) 347-1033 (404) 347-1033 (404) 347-1033
345 Courtland St., NE 345 Courtland St., NE 345 Courtland St., NE
Atlanta, GA 30365 Atlanta, GA 30365 Atlanta, GA 30365
Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin
Mark Horwitz Thelma Codina Thelma Codina
(312)353-9045 (312)886-6219 (312)886-6219
(HSC-9J) (SP-14J) (SP-14J)
77 West Jackson Blvd. 77 West Jackson Blvd. 77 West Jackson Blvd.
ChicaRO, IL 60604 ChicaRO, IL 60604 Chicago, IL 60604
49
-------
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 L ay ne
(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
TOPE
726 Minnesota Ave.
Kansas City, KS 66101
Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming
JimKnoy
(303)294-7163
999 18th Street
Suite 500
Denver, CO 80202
Kathie Atencio
(8ART-TS)
999 18th Street
Suite 500
Denver, CO 80202
Kerry Whitford
999 18th Street
Suite 500
Denver, CO 80202
Arizona, California, Hawaii, Nevada, American Samoa, Guam
Kathleen Shimmin
(415)744-2100
75 Hawthorne Street
(H-l-2)
San Francisco, CA 94105
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 94 105
Alaska, Idaho, Oregon, Washington
Walt Jaspers
(206) 553-0285
1200 6th Avenue
(HW-114)
Seattle, WA 981 01
Phil Wong
(206) 553-4016
1200 6th Avenue
(AT083)
Seattle, WA 981 01
Jayne Carlin
(206) 553-4762
1200 6th Avenue
Seattle, WA 981 01
50
-------
ENVIRONMENTAL PROTECTION AGENCY
REGIONAL FEDERAL FACILITY COORDINATORS
Anne H. Fenn
Federal Facilities Coordinator
US EPA Region I (PAS-205)
John F. Kennedy Federal Building
Boston, MA 02203
(617) 565-3927
FAX 617-565-3346
Joyce Stublefield
Federal Facilities Coordinator
US EPA Region VI
1445 Ross Avenue
Dallas, TX 75202-273 3
(214)665-6430
FAX 214-665-7446
Laura Livingston
Federal Facilities Coordinator
US EPA Region II
290 Broadway, 28th floor
New York, NY 10007-1866
(212)-637-3494
FAX 212-637-3548
Craig Bernstein
Federal Facilities Coordinator
US EPA Region VII
726 Minnesota Avenue
Kansas City, KS 66101
(913)551-7688
FAX 913-551-7863
Eric Ashton
Federal Facilities Coordinator
US EPA Region III
841 Chestnut Street
Philadelphia, PA 19107
(215) 597-9857
FAX 215-597-7906
Arthur Linton/Dave Holy rod
Federal Facilities Coordinator
US EPA Region IV
345 Courtland Street, N.E.
Atlanta, GA 30365
(404) 347-3776
FAX 404-347-5206 or 3721
Dianne Thiel
Federal Facilities Coordinator
US EPA Region VIII
One Denver Place, Suite 500
999 18th Street
Denver, CO 80202-2405
(303)294-1059
FAX 303-294-7559
Sarah Segal
Federal Facilities Coordinator
US EPA Region IX (E-3)
75 Hawthorne Street,
San Francisco, CA 94105
(415)744-1483
FAX 415-744-1598
Lee Regner
Federal Facilities Coordinator
US EPA Region V
77 West Jackson Blvd.
Chicago, IL 60604-3590
(312)353-6478
FAX 312-353-5374
Dave Tetta
Federal Facilities Coordinator
US EPA Region X
1200 6th Avenue WD-125
Seattle, WA 98101
(206)553-1327
FAX 206-553-0165
51
-------
Compliance with the Emergency Planning and
Community Right-to-Know Act of 1986 as
Required under Executive Order 12856
Questions and Answers Part I
For EO Section 3-304 Toxic Release Inventory Pollution Prevention
Reporting (EPCRA Section 313)
General
Must DoD facilities pay EPCRA report filing fees to those states that
have fee programs?
No. The payment of state filing fees by the Federal government would
constitute taxation and the Federal government does not pay taxes to
states.
If state right-to-know laws are more stringent than EPCRA, must DoD
facilities comply with the state right-to-know requirements and
EPCRA requirements as well?
No. EO 12856 does not require DoD 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.
Can EPA fine a DoD facility if the facility does not comply with EO
12856?
No. EO 12856 does not give EPA the authority to fine DoD facilities.
However, section 5-504 authorizes EPA to conduct reviews and
inspections of DoD 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.
Are DoD facilities on Guam "in the customs territory of the U.S."?
No. According to the customs 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. 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), DoD
-------
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).
Should a facility's contracted and/or subcontracted work off-site at a
non-DoD owned facility be included in DoD EPCRA reporting?
No. Work conducted for a DoD agency at a non-DoD owned facility is not
subject to DoD EPCRA activity thresholds. DoD agencies are only
responsible for reporting on activities conducted by or for the DoD agency
at DoD sites.
A Federal agency owns property - either land or a building - 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 facility 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 to as a "landlord or
real-estate interest only." In general, if a DoD 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 under EPCRA section 313. The operator of the
covered facility, however, may be subject to the reporting requirements.
An example of an agency's having a "landlord or real estate interest only"
is when an agency owns an air field, but is responsible only for supplying
the heating and 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 DoD 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 not be required to report
on the activities of that facility as a result of EO 12856.
A DoD Component 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 the operator - who typically has the most
knowledge of any toxic chemicals used at the facility. In this example, the
agency is the operator and responsible for threshold determinations and
release calculation - assuming that GSA had a "landlord or real estate
interest only" in the facility.
To what governmental entities should DoD facilities with operations
that straddle state or local jurisdictional lines report under EPCRA?
In order to minimize the efforts required compile EPCRA information in a
variety of differing formats, installation staff should work with state and
local officials to determine which state or local officials will be the primary
recipients of EPCRA information. The other affected state and local
officials can be sent copies of the material sent to the primary officials.
Installations are free to provide EPCRA information to each state and local
official in the format they request but they are not required to.
My Jbase has a public road that goes through it. Can I treat each part
of the base separated by the road as a separate facility?
No, unless the two parts are separate installations that are autonomous
and no host-tenant agreement exists the road does not separate the base
into two facilities. All non-exempt activities that use toxic chemicals on
both sides of the base will have to accounted for in making threshold
calculations.
My Jbase has five miles of public land that separate parts of the base.
Should I count the parts as one facility?
No. Because the base is separated by such a large area of land the base
may count each separate part as a separate facility. The base commander
can for ease of administration count the separate parts as one facility.
(See page 4 of the guidance).
Are motor vehicles such as automobiles, tanks, airplanes, and ships
considered individual facilities or part of a facility under the EPCRA
provisions ofEO 12856?
Motor vehicles are never considered part of a facility except for EPCRA
section 304 emergency notification. A "facility" is defined according to
section 329(4) of the Emergency Planning and Community Right-to-Know
Act (P.L. 99-499 or EPCRA) 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).
-------
Will chemicals be added to or subtracted from the EPCRA toxic
chemical and extremely hazardous substance lists?
Yes. The EPCRA lists have evolved since the statute was passed in 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 EPCRA lists; EPA expects to continue this activity. When
chemicals are added to or taken off the EPCRA lists, EPA always
publishes a notice in the Federal Register. The trade press also reports
changes to the EPCRA lists.
For the purposes of the 50 percent reduction goal only, DoD will base
reductions on the 1994 baseline that will include only chemicals included
on the EPCRA section 313 lists, as December 1, 1993 . For purposes of
annual TRI reporting, DoD facilities are responsible for reporting on all
chemicals that are part of the EPCRA lists as of the December 1 prior to
the reporting year. For example, DoD 50% reduction goals will be based
on the EPCRA TRI list dated January 1994 that includes all chemical on
the added on or before December 1, 1993 - minus Hydrogen Sulfide and
ethyl Mercaptan, which were given a stay from calendar year 1994
reporting. Note though it has been deleted from future reporting
installations still must report uses of Benzyl Butyl Phthalate, for calendar
year 1994. For purposes of 1995 reporting, DoD installations will have to
include in their TRI threshold determination and release calculations those
286 chemicals added to the EPCRA TRI list on December 1, 1994.
Government Owned Government Operated Facilities
Does Executive Order 12856 require non-manufacturing contractors at
GOCO facilities to comply with EPCRA section 313 just because non-
manufacturing DoD facilities other than GOCO facilities must comply?
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 DoD
facility for the purposes of the Executive Order and may have contractual
obligations to provide the DoD agency with the information the agency
needs to fulfill reporting obligations under this Executive Order. Ultimately,
it is the DoD agency that owns the facility and is responsible for ensuring
compliance.
How will EPA avoid double counting of GOCO releases since the
GOCO is still legally required to comply with EPCRA reporting
requirements and DoD must include the release data in their
submissions as well?
EPA will input only Federal Facilities submitted data to the TRI database
where duplicate reports were filed.
-------
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. Does that Federal facility still have to report?
Yes. The Federal facility should make every reasonable effort to 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.
A GOCO facility produces electrical components under contract to
the U.S. Department of Energy (DOE). The GOCO contractor
conducts all of its 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 Do D 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 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.
We have a GOCO that does work for DoD within a larger GOCO that
is not controlled by DoD, are we responsible for the whole GOCO?
No. The controlling component is only responsible for reporting the
operations of the GOCO that does work for DoD. The reverse is also true.
If a DoD GOCO has a GOCO within it that does work for a non- DoD
agency, the DoD component responsible for controlling the GOCO is only
required to report the operations associated with the GOCO work that
supports DoD.
A DoD GOCO performs work for DoD at a stand-alone facility but has
only a small DoD staff. Does the Component that owns this facility
-------
have to report?
Yes. The DoD Component that controls the GOCO still must report
EPCRA information.
A GOCO performs only a small percentage of its work for DoD, is the
DoD component that owns the facility required to report?
The DoD component that owns the facility is only required the portion of
the work that is done for DoD. Existing contracts will have to be modified
to enable DoD to report that EPCRA information on that portion of the
contractor's work that supports DoD.
A GOCO builds aircraft that are sold to foreign governments, non
DoD agencies as well as DoD. Is DoD responsible for reporting all
EPCRA information associated with the production of the aircraft?
The DoD Component that owns the facility should work with the contractor
to determine the portion of the production that directly supports DoD. This
portion should be factored against EPCRA information to determine the
amount of releases and off-site transfers that the DoD component should
report to EPA and include in the CY 94 baseline. Alternatively, all the
EPCRA information should be reported to EPA but not included in DoD's
baseline.
A GOCO produces products for the private sector, and only in the
event of mobilization or a 'ramp up' will the facility produce items for
use by DoD, should the DoD Component that owns the facility report
EPCRA information?
No. Because DoD does not control the production at the facility except
under special conditions the DoD Component that owns the facility is not
required to report EPCRA information. If the facility begins continuous
(longer than six months) production for DoD, then the DoD Component
that owns the facility will be required to report EPCRA information.
Executive Order 12856 does not alter a GOCO facility's responsibility
to report under 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?
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 SCI 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.)
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 section 313. 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.
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.
FORM R REQUIREMENTS (GENERAL)
How should a DoD facility report its facility name on the Form R
report?
A DoD facility should report its facility name on page one of the Form R
reports (Section 4.1). It is important that the word 'U.S. DoD' precede the
specific DoD Component name and installation name, as shown in the
following example:
U.S. DoD U.S. Army Ft. Dix
A GOCO contractor at a DoD facility should report its names as shown in
the following example:
U.S. DoD U.S. Army Cornhusker Army Ammunition Plant
For section 5.1 'Parent Company' the GOCO should list the U.S. DoD
followed by the DoD component that oversees the facility. Continuing with
the above example section 5.1 should read:
U.S. DoD U.S. Army
For Part I, section 4.5 of the Form R, how should DoD departments
and agencies determine the SIC codefs) for reporting activities being
-------
performed at DoD facilities?
DoD facilities should use SIC code 9711 the SIC code for facilities
involved in national security.
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 DoD facility
complete the street address data element within Part I, section 4.1?
The DoD facility should report whatever identifier is used to identify the
physical location as the facility address (e.g., 3 Miles south of I-30 and I-
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.
Is a DoD facility required to report if it had no releases of the toxic
chemicals during the calendar year?
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 or transferred does not affect the
reporting requirements (except in the case of exemptions for articles). The
facility would report, as appropriate, zeros or "NA" (not applicable), in the
release estimate sections of Form R.
Employee Threshold Determinations
What DoD facilities are subject to EPCRA section 313 reporting
under EO 12856?
According to Executive Order 12856, EPCRA section 313 applies to each
DoD facility, both government-owned/government-operated and
government-owned/contractor-operated, 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.
How does a DoD facility determine if it has met the 10 or more full-
time employee threshold under section 313?
A "full-time employee" for the purpose of section 313 reporting, is defined
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 DoD facility meets
the "full-time employee" threshold.
Does the full-time 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?
Yes. The facility must count all hours worked by all employees toward the
facility's employee determination, regardless of where the employees are
on the facility grounds. 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's contractors.
Questions About Specific Activities That Are or Are Not
Exempted
Do DoD 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).
Are chemicals used at the wastewater treatment plant to be included
in TRI threshold calculations?
No. The chemicals are exempted because they are used to support
activities related to personal comfort and use and are, therefore,
exempted under the personal use exemption. This is not true for
chemicals used in industrial wastewater treatment plants. Chemicals used
for industrial wastewater treatment plants are not exempt from TRI
threshold calculations.
When would a ship's activities be covered under the Executive
Order?
If a ship is docked in port at a DoD facility and shore based maintenance
or support activities are being conducted, then such activities during that
time should be included by the shore facility when determining Executive
Order section 3-304 reporting status for that DoD facility. Maintenance
performed by the ship's personnel is exempt..
Would the refueling of aircraft be exempt from EPCRA section 313?
DoD's guidance states that releases associated with fuel used in mobile
sources are exempt under the motor vehicle maintenance exemption.
Are toxic chemicals that are used for de-icing of aircraft wings
exempt from EPCRA section 313 reporting?
Yes. The specific use of propylene glycol and ethylene glycol compounds
-------
to de-ice wings is exempt from EPCRA 313 reporting under the vehicle
maintenance exemption.
Activity Threshold Determinations
If a DoD 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?
Yes. For the reporting year, the DoD facility would have exceeded the
manufacture threshold of 25,000 pounds ([19,000 manufacturing] + [7,000
importing] = 26,000) for this toxic chemical. Note that importing is the
equivalent of manufacturing, and therefore the two "manufactured"
quantities must be added for threshold determinations.
If a DoD facility's supply system imports a toxic chemical in excess
of a threshold amount, 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 DoD facility causes more than 25,000 pounds of a toxic
chemical to be imported, it has exceeded the "manufacture" threshold and
is subject to the release reporting requirements for that toxic chemical. A
facility would "cause" a toxic chemical to be imported by specifically
requesting a product (containing the toxic chemical) from the a foreign
source or requesting a product known to be only available from a foreign
source. If, after receipt, the DoD facility processes 25 thousand pounds or
otherwise uses 10 thousand pounds of that chemical, then the DoD facility
must report releases of that chemical.
My facility receives material from deployed units, being retrograded
into the US. It is usually of domestic manufacture, but occasionally
contains foreign-purchased products. Does such retrograde
constitute importing, for an organization whose mission is wholesale
supply distribution?
No. As long as the material remains under U.S. government control it is
not considered to have been imported for purposes of the Executive
Order.
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 this toxic chemical considered to have been imported?
No. As long as the chemical remains under U.S. government control it is
not considered to have been imported for purposes of the Executive
Order.
-------
If a DoD facility buys 10,000 pounds of a listed chemical in 1993 and
creates a mixture, (for example a metal cleaning bath), and then uses
the bath 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 DoD 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.
Are warehouses subject to the threshold determinations of section
313?
Warehouse operations can require threshold determinations. Thresholds
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 a warehouse is considered processing and the
repackaged quantities of the toxic chemicals must be counted in the
facility's "process" threshold determinations. Simply receiving, storing,
relabelling, distributing, or reshipping already pre-packaged quantities
from a shipment of such packages is not considered "manufacture,
process, or otherwise use."
A private contractor conducts recycling operations involving toxic
chemicals on-site at many DoD facilities. The contractor conducts
these operations under contract to the DoD facilities, but the
contractor owns and operates the equipment. Must a DoD facility
consider operations like the this in making threshold determinations
and release calculations for section 313 toxic chemicals, if the DoD
facility does not own or operate the stationary items used in the
recycling operations?
Yes. A DoD 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 DoD facility neither owns or operates
the equipment used in the contractor's operations. In the above example,
the private contractor, under contract to the DoD facility, conducts
recycling operations involving toxic chemicals on-site at a DoD facility, and
uses equipment that the contractor owns and operates. The contractor is
under the control of the DoD facility, and the facility should include the
toxic chemicals used in the contractor's operations in facility threshold
determinations and release reporting.
/ have a 50 gallon container of gray paint. I pour into five gallon
-------
containers. Because the paint is the kind I can buy at Walmart don't I
get the consumer use exemption?
There is no consumer quantity use exemption per se. The exemptions
under EPCRA 313 are for how the material is used. There are structural,
janitorial/facilities grounds maintenance and personal use exemptions. If
the paint is used to maintain the physical integrity of a building then it is
exempt. If the paint is used in intermediate or depot level maintenance of
aircraft, tactical vehicles or ships then the painting is not exempt. Further,
the pouring of the paint from a 50 gallon container into 5 gallon containers
constitutes processing.
Are the activities of public work centers (PWCs) exempted from TRI
threshold activities?
All buildings and grounds maintenance activities performed by PWCs are
exempt under the routine janitorial/facilities grounds maintenance
exemption. Releases associated with the transfer and emissions of fuels
will also be exempt under the vehicle maintenance exemption. However,
due to the nature and size of PWC maintenance efforts, motor pool
activities will be included in threshold and release calculations.
Is operational use of pesticides exempt?
Yes if it is used in the same type and concentration as commercial
facilities. See personal use exemption.
Do we have to count the activities of our stand alone hospitals?
No. DoD has included medical facilities in the personal use exemption and
excludes from reporting their activities under TRI.
Exemptions
General
Do the exemptions available under EPCRA section 313 apply to DoD
facilities?
The exemptions listed under EPCRA section 313 apply to DoD facilities in
exactly the same way as they apply to industry.
De Minimis
A DoD 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 releases and off-
site transfers in the report, including those that qualified for the "de
minimis" exemption?
No. If a facility has multiple uses of a single toxic chemical, and one of
those uses meets the criteria for an exemption, then the quantity of the
toxic chemical that 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 must report all
releases and off-site transfers of toluene that result from all non-exempt
uses of the chemical.
Articles
In its manufacturing operations, a DoD facility uses a catalyst that is
in pellet form and contains a toxic chemical. No releases of the toxic
chemical occur during the use of the pellets. Is this catalyst an
"article," making the quantity of toxic chemicals in the pellets
exempt from 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." Some catalysts are formed to a specific shape and their
end use functions are dependent on this shape (e.g., spore structure,
internal surface area). Many catalysts, however, degrade during use and
could release over 0.5 pounds of a toxic chemical over the course of a
year. All three of the above conditions must be met if the quantity of the
toxic chemical in the catalyst is to qualify for the "article" exemption.
Is the lead contained in batteries exempt from threshold
determinations and release reporting under EPCRA section 313?
Yes. because the lead is part of an article it is exempt.
Use Exemptions
Structural Component Use
A base purchases wood pilings treated with creosote-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's structures (i.e., docks), the creosote
contained in the pilings is exempt as a structural component. (See 40 CFR
372.38(c)(1).)
If a DoD facility builds a new structure or modifies an existing
structure on-site, must the facility include toxic chemicals that are
part of the new structure (e.g., the copper in copper pipes) in
threshold determinations and release reporting under EPCRA
section 313?
No. Toxic chemicals that are incorporated into the structural components
of a DoD 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)(1)).
As a result of the exemption, the DoD 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).
A Navy base operates stationary cranes at a port. When painting the
cranes, volatile solvents are released to the atmosphere. Does the
base 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)(1)) 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 pipes used for the plumbing in the facility, paint). 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.
Does the "structural component" exemption under EPCRA section
313 apply equipment which regularly suffers abrasion, such as
grinding wheels and metal-working tools? What criteria can a DoD
facility use to decide which pieces of equipment are structural
components and which are not?
The EPCRA section 313 "structural component" exemption (40 CFR
372.38(c)(1)) 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.
Would the maintenance of a runway be exempted under structural
component use?
Yes. Maintaining the physical integrity of a runway is exempt.
Routine Janitorial or Facility Grounds Maintenance Use
We clean 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.
A DoD 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 similar to 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.
How is routine janitorial/facility grounds maintenance defined?
The routine maintenance exemption is intended to cover janitorial or other
custodial or plant grounds maintenance activities using substances such
as bathroom cleaners, or fertilizers and pesticides used to maintain facility
lawns, in the same type or concentration commonly distributed to
consumers.
-------
Would all janitorial or other custodial activities performed at a
hospital qualify for the routine janitorial/facility grounds maintenance
exemption? Would activities such as sterilizing rooms and
equipment be exempt?
Yes. Janitorial or custodial activities or grounds maintenance activities
using substances in the same type or concentration commonly distributed
to consumers used anywhere on a facility are exempt. In addition, any
activities associated with hospitals are exempt under the personal use
exemption according to DoD policy.
Personal Use
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 DoD 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.
A printing shop within an installation 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 installation uses 12,000 pounds per year of
ammonia, the facility exceeds the 10,000-pound "otherwise use" threshold
and must report for ammonia.
Are toxic chemicals used to maintain recreational components at our
base 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
"personal use exemption' (40 CFR 372.38(c)(3)).
-------
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.,
heating oil, janitorial chemicals, pesticides)?
Toxic chemicals in products commonly used at military 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 "personal use" 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 under the "routine janitorial and facility grounds maintenance"
exemption if the toxic chemical is present in a similar type or form as a
consumer product.
Motor Vehicle Maintenance
Must a DoD facility include the quantity of toxic chemicals in vehicle
exhaust emissions in annual facility release estimates under EPCRA
section 313?
No. A motor vehicle is not part of the definition of a facility, therefore, toxic
chemicals emitted in vehicle exhaust are not counted in threshold
determinations and release calculations.
Is fuel transferred via tanker truck to a base heating plant exempt
from TRI reporting under the Motor Vehicle Exemption for
Maintenance?
No. Releases from fuel transferred via tank which has an end use in a
stationary source must be reported. The end use of the fuel determines
the exemption status of the transfers. Release due to the transfer of fuels
to be used in motor vehicles are exempt.
Intake Water/ Air Use Exemption
Would a toxic chemical present in compressed air be exempt under
the "intake water and/or air" exemption under EPCRA section 313?
What if the same toxic chemical is present in process emissions?
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 exempt 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
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 Time During The Calendar Year?
No. If a DoD 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 included in calculations for Part II,
section 4.1.
Laboratory Activities
A laboratory (e.g., quality control, area control, etc.) is part of a
installation. Are the toxic chemicals associated with the laboratory
activities exempt from the threshold determinations and release
reporting requirements of section 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); and
' Not part of specialty chemical production or pilot plant scale activities.
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).
A DoD facility sends samples of manufactured products containing
toxic 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, DoD 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.
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.
A toxic chemical is used in an experiment at a DoD 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 DoD 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)).
A research laboratory at a DoD 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 DoD facility for non- laboratory activities. Which
-------
quantities of the toxic chemical must be included in threshold
determinations and release calculations?
The DoD 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.
A DoD facility tests specific components of a machinery line. The
facility's functions include testing for durability of the engines
(including jet engine test cells), 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?
Yes. Equipment and component testing are the equivalent of a laboratory
activity. Thus, the toxic chemicals used in these activities qualify for the
"laboratory activities" exemption (40 CFR 372.38(d)) and are exempt from
the threshold determinations and release reporting requirements of
EPCRA section 313.
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-laboratory activities at the same DoD facility or elsewhere.
For the purposes of compliance with EO 12856, the term "distributed in
commerce" includes shipping to other DoD or non-DoD facilities.
Release Reporting
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?
No. EPA recognizes that toxic chemicals may be consumed in a process.
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 judgment- whichever is most appropriate- to calculate
-------
releases.
A DoD 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 on-site release to land?
No. A DoD 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 DoD
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.)
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.
A DoD 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 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 DoD 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 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.
Section 313(g)(2) ofEPCRA states that the owner or operator of a
facility may use readily available data for reporting releases of toxic
chemicals. If a DoD facility has monitoring or emissions data fora
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 DoD 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 judgment
should be used. In such instances, a DoD facility should document why
the available monitoring data were believed to be unrepresentative.
Transfers to Off-Site Locations
A DoD facility discharges waste containing EPCRA 313 metals that
are toxic chemicals to an on-site cooling pond. The metals settle and
accumulate over time. Water from the pond eventually is drained,
leaving behind a heavy metal sludge. The sludge is then dredged and
sent off-site for disposal. How should toxic chemicals in the sludge
be reported on the Form R?
Reportable toxic chemicals that are contained in the sludge sent off-site
should be reported as an off-site transfer in Part II, section 6.2 of Form R.
The quantities of toxic chemicals contained in the sludge should also be
reported in Part II, section 8 of the Form R (e.g., section 8.1 for disposal or
section 8.7 for treatment).
Many DoD facilities send their hazardous waste containing toxic
chemicals to off-site treatment, storage, and disposal facilities
(TSDFs). If a DoD 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 DoD 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.
A DoD facility reporting under EPCRA section 313 discharges
wastewater containing toxic chemicals to a Federally Owned
Treatment Works (FOTW) facility. The FOTWis 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 DoD 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.
A Federal facility 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.
Remediation Projects and TRI Reporting Requirements
A site exceeds an activity threshold (manufacture and import, or
process, or otherwise use) for a toxic chemical. During a remediation
project, the same toxic chemical is transferred from one media to
another. For example, soil excavation during groundwater
remediation causes a toxic chemical to be released to the air. How is
this release considered for Form R reporting?
A toxic chemical contained at a installation restoration program site that is
undergoing remediation is reported in Part II, Sections 5,6, and 8.8 of
Form R only if the DoD facility exceeds an activity threshold through some
-------
other activity involving the same toxic chemical. A toxic chemical being
used to remediate an installations restoration program sire is considered
'otherwise used,' and if an activity threshold is met for that toxic chemical,
all releases and off-site transfers are reported in Part II, Sections 5,6, and
8.1-8.7 of form R.
If a Federal agency operates a treatment plant as part of remediation
of an environmental contaminant at a Federal facility, do
contaminants already there, not being added, have to be included in
calculating thresholds and releases?
Such material is not included in section 313 threshold determinations as
long as it is not being manufactured, processed, or used. If the Federal
facility's uses of the same toxic chemical exceed the manufacture or
process or otherwise use thresholds, then release or transfer reporting is
required. For example, chemicals used in the treatment plant are
considered otherwise used. In that event, a release does not include
material already in a landfill, but does include any material released to the
environment by remedial activity or transferred off-site.
Source Reduction and Recycling
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 DoD 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
section 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, for
example, would be included in the quantity reported in section 8.8.
How should a DoD facility determine if a toxic chemical has a heating
value 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 Chemical 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).
Certification and Submission
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.
Supplier Notification
Commercial suppliers are not required to provide supplier
notification to customers outside SIC codes 20-39 according to 40
CFR 372.45. What should DoD facilities 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 is for the Federal facilities to request this type of information
from their suppliers, revise existing contracts with suppliers to require this
information, or ensure this information is required to be provided in any
new contracts with suppliers.
TRI Reduction Goals
What is the baseline chemical list for the DoD toxic chemical
reduction goal?
The DoD 50% reduction goals will be based on the EPCRA TRI list dated
January 1994 that includes all chemical on the added on or before
December 1, 1993 - minus Hydrogen Sulfide and Ethyl Mercaptan, which
were given a stay from calendar year 1994 reporting. Note though it has
been deleted from future reporting installations still must report uses of
Benzyl Butyl Phthalate, for calendar year 1994. However, once Benzyl
Butyl Phthalate is delisted it will not be longer be counted for reduction
goals. The baseline does not include those chemicals EPA added in 1994.
What values will the 50% goal based on?
The sum of Form R Sections 8.1 (quantity released) and section 8.7
(quantities transferred off-site) will be used as the baseline. Section 8.1 is
a compilation of section 5, section 6.2 (disposal codes only) minus the
section 8.8 data. Section 8.7 includes the section 6.2 (waste treatment
-------
codes) and section 6.1 data.
Is the 50% voluntary reduction goal a facility goal or an agency goal?
It is a DoD goal. The Department of defense is required to reduce its
aggregate amount of chemicals released and transferred off-site by 50%
by 1999 from a CY 1994 baseline. The reduction goals are neither facility
nor chemical specific. However, under section 3- 302(d) of Executive
Order 12856, each of the agency's covered facilities is required to identify
its contribution to the agency's 50% reduction goal. Further, DoD guidance
directs that each facility is required to reduce toxic chemical releases and
transfers by as close to 50% as possible.
If in 19941 used 11,000 Ibs of a chemical to maintain my aircraft and
released 2,000 ponds of the chemical and then in 19951 use 8,000
pounds and release 1,000 pounds is that a 2,000 pound reduction
because I don't have to report or is it a 1,000 pound reduction?
According to current EPA policy such a situation would count as a 2,000
reduction because the use of the chemical did not meet the threshold level
required to report. Keep in mind, however, that such uses of chemicals
that are near the threshold levels should be carefully monitored because if
a threshold is exceeded the reverse of the problem above could be. For
example, if in the year following the scenario above, you used 12,000
pounds of the chemical and released 2,500 pounds then your form R
records would show a 2,500 pound increase in release.
Compliance with the Emergency Planning and
Community Right-to-Know Act of 1986 as
Required under Executive Order 12856
Questions and Answers Part II
For EO Section 3-305 Emergency Planning (EPCRA Sections 301-312)
EPCRA Sections 302-303 (Emergency Planning)
What types of facilities are required to provide the EPCRA section
302 notification?
Section 302 of EPCRA requires that any facility that has a listed extremely
hazardous substance (EHS) present at any time (either in pure form or a
mixture above deminimis) in an amount that exceeds the threshold
quantity (TPQ) must notify the Local Emergency Planning Committee
(LEPC) and State Emergency Response Commission (SERC).
-------
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 can be initially
focused. 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.
After the notification, what else is required from DoD facilities
subject to the EPCRA section 302 requirement?
No later than August 3, 1994, DoD 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 deemed necessary by the Regional
Environmental Coordinator for the development and implementation of the
LEPC's plan.
EPCRA Section 304 (Emergency Release Notification)
What constitutes a release that is subject to reporting under section
304 of EPCRA?
Section 304 of EPCRA 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.
A military base stages simulated airplane crashes for response
training purposes. CERCLA hazardous substances contained in the
fire suppressant foam are released during these training exercises.
Would these releases qualify for continuous release reporting if the
base conducted training sessions on a regular schedule (e.g., once a
month or once a week)?
Under CERCLA section 103(f)(2) and EPCRA section 304, releases of
listed CERCLA hazardous substances and extremely hazardous
-------
substances that are routine, anticipated, and intermittent may qualify for
reduced reporting as continuous releases. For more information on
applying for the reduced reporting as a continuous release, see 55 FR
30185, July 24, 1990, (40 CFR 302.8) and EPA guidance (EPA/540/G-
91/003 and EPA/540/G-91/005).
What are the requirements of section 304 ofEPCRA? Under EPCRA
section 304, if a Federal facility produces, uses or stores 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.
What are the exemptions to EPCRA section 304 reporting
requirements?
There are several exemptions from the reporting requirements of EPCRA
section 304. They include:
(1) "Federally permitted releases" as defined under CERCLA section
101 (10); 4 USC 9601 (10);
(2) Releases which result in exposure to persons solely within the
boundaries of the facility (EPCRA section 304(a)(4); 42 USC section
11004(a)(4));
(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;
(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));
(5) Emissions from engine exhaust of a motor vehicle, rolling stock,
aircraft, or pipeline pumping station engine (CERCLA section 101(22)(B);
42USC9601(22)(B));
(6) Normal applications of fertilizer (CERCLA section 101(22)(D));
(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 101(22)(C); 42 USC 9601(22)(C));
(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 91 1 , or calling the operator in the absence of
an emergency telephone number (EPCRA 304(b)(1); 42 USC
When is an off-site release subject to EPCRA section 304 notification
requirements?
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.
Under EPCRA section 304, who is responsible for reporting an
accidental release above the RQ that occurs from a motor vehicle
traveling on a public road that passes through a Federal facility?
Under EPCRA section 304, it is the responsibility of the owner or operator
of a facility to report an accidental release above the established RQ. For
reporting purposes under EPCRA section 304, the definition of facility
includes motor vehicles (EPCRA 329(4)). Section 304(d) requires
emergency notification for releases of EHSs or CERCLA hazardous
substances from fixed facilities, as well as if in transit, or stored under
active shipping papers. Because the release occurs from a motor vehicle
traveling on a public road that passes through a Federal facility, the owner
or operator of the vehicle would be responsible for reporting the release.
The Federal facility is not responsible for reporting the release because
they are not the owner or operator of the vehicle. However, any and all
assistance should be provided to the owner/operator of the vehicle to
facilitate the timely and comprehensive reporting of the accident.
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 DoD facility determine whether EPCRA notification is
required?
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 constituent 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.
Are vessels included in the definition of motor vehicles under
EPCRA section 304?
No . Vessels (ships and barges) are excluded from section 304 reporting.
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.
(3) An estimate of the quantity of any such substance that was released
into the environment.
(4) The time an duration of the release.
(5) The medium or media into which the release occurred
(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).
(8) The names and telephone numbers of the person or persons to be
contacted for further information.
What information needs to be provided as part of the written follow-
up notice of section 304?
-------
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,
(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.
Does the Occupational Safety and Health Administration have any
exemptions to its Hazard Communication Standard?
Section 1910.1200(b) of the OSHA regulations currently provides the
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;
(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.
(5) Food, drugs, cosmetics or alcoholic beverages in a retail establishment
which are packaged for sale to consumers;
(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.
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 or have available an MSDS
for a hazardous chemical, that hazardous chemical is not subject to
sections 311 and 312 of EPCRA.
How does section 4-403 of the Executive Order apply to EPCRA
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 may want to have these
individuals volunteer to assist the LEPC.
EPCRA Sections 311-312 (Hazardous Chemical Inventory Reporting)
What are the reporting requirements under EPCRA sections 311 and
312?
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 August 3, 1994.
Under EPCRA section 312, if a Federal facility has on-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 submit an Emergency and
Hazardous Chemical Inventory report (Tier I and Tier II) including those
subject chemicals to the SERC, LEPC and the local fire department by
March 1 of the following year (and annually thereafter). 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.
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 present at 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 LEPCorSERC.
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.
(3) Any substance to the extent it is used for personal, family, or
household 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 or 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.
For EPCRA sections 311 and 312, an extremely hazardous substance
(EHS) is present in a mixture. The only information on the
concentration of the EHS in the mixture is a range code (e.g., 20- 30
percent). Is the mid-point of the range used as your concentration to
determine thresholds, similar to the approach used in EPCRA
section 313?
No. According to the Hotline Monthly Report, February 1990 (EPA/530-
SW-90-090b), the highest concentration of the range given (e.g., 30
percent) for an EHS present in a mixture should be used for EPCRA
sections 311 and 312 purposes.
-------
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 applicable to routine
agricultural operations involving all food crops, not just those intended for
human consumption.
General EPCRA Materials
'Getting Started with the Emergency Planning and Community Right- to-
Know Act (EPCRA);' March 1994; A Joint Service Document for
Department of Defense Facilities.
'EPCRA Calculation Manual'; August 1994; A Manual for Identifying,
Collecting, and Utilizing Data for Complying with The Emergency Planning
and Community Right-to-Know Act (EPCRA)/Executive Order 12856;
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-
499.
Emergency Planning and Community Right-to-Know (Title III) Factsheet,
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
Under the Emergency Planning and Community Right-to-Know Act) (EPA
560/4-91-011), January 1991 (revised on a yearly basis).
It's Not Over in October: A Guide for Local Emergency Planning
Committee; Implementing the Emergency Planning and Community Right-
-------
to-Know Act of 1986 (OSWER 90-004), September 1988.
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.
(OSWER-90-006.3), September 1990.
(OSWER-91-006.1), February 1991.
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.
Why You Need to Learn About Hazardous Materials, American Medical
Association, 1990.
Title III: What It Means to You, 1987.
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 III Compliance (OSWER-91-009.1), September 1991.
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
Extremely Hazardous Substances List and Threshold Planning Quantities;
Emergency Planning and Release Notification Requirements, Final Rule,
52 FR 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
FR 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.
Developing a Hazardous Materials Exercise Program: A Handbook for
State and Local Officials (NRT-2), September 1990.
Technical Guidance for Hazards Analysis: Emergency Planning for
Extremely Hazardous Substances (OSWER 88-001), December 1987.
Handbook of Chemical Hazard Analysis Procedures, FEMA/EPA/DOT.
1990 Emergency Response Guidebook, DOT P 5800.5.
Chemical Emergency Preparedness and Prevention Advisory: Swimming
Pool Chemicals: Chlorine" EPA/OSWER 90-008.1, Series 8, No. 1.
Guide to Exercises in Chemical Emergency Preparedness Programs
(OSWER 88-006), May 1988.
Computer Systems for Chemical Emergency Planning (Technical
Assistance Bulletin 5) (OSWER 89-005), September 1989.
Tort Liability in Emergency Planning (Technical Assistance Bulletin 7)
(OSWER 89-007), January 1989.
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
Substances: A Guide for Facilities and Vessels on Compliance,
(EPA/540/G-91/003), October 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, Emergency and Hazardous Chemical Inventory Forms Resources
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 FR 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 FR 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).
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.
Presswood & Laminated Wood Products Manufacturing (EPA/560/4-88-
004i), March 1988.
Printing Operations (EPA/560/4-88-004b), January 1988.
Roller, Knife and Gravure Coating Operation (EPA/560/4-88-004J),
February 1988.
Rubber Production and Compounding (EPA/560/4-88-004q), March 1988.
Semiconductor Manufacture (EPA/560/4-88-004e), January 1988.
Spray Application of Organic Coatings (EPA/560/4-88-004d), January
1988.
Textile Dyeing (EPA/560/4-88-004h), February 1988.
Wood Preserving (EPA/560/4-88-004p), February 1988.
Section 313 Emergency Planning and Community Right-to-Know Act;
Guidance for Food Processors (EPA 560/4-90-014), June 1990.
Emergency Planning and Community Right-to-Know Technical Guidance
for Releases of Aqueous Solutions of Ammonia Under Section 313,
USEPA, 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 560/4- 89-
005), June 1989.
Toxic Chemical Release Inventory Directory of Public Libraries, U.S. EPA,
February 1990.
Form R: A Better Understanding, U.S. EPA, 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 Information
Program (Technical Assistance Bulletin 8) (OSWER 89- 008.1), U.S. EPA,
July 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, U.S.
EPA, December 1992.
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 Exposure:
Highlights of a Citizens' 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.
Appendix EPA REGIONAL CONTACTS
Region CEPP CoordinatorsTRI Coordinators33/50 Coordinators
1. 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
Dwight Peavey
(617)565-3230
One Congress Street
Boston, MA 02203
2. 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
-------
Mary Ann Kowalski
(908)906-6815
2890 Woodbridge Ave.
Bldg. 10(MS-105)
Edison, NJ 08837
3. Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West
Virginia
David Wright
(215)597-5998
Mail Code 3HW34
841 Chesnut Street
Philadelphia, PA 19107
Mikal Shabazz
(215)597-3659
Mail Code 3AT31
841 Chesnut Street
Philadelphia, PA 19107
Bill Reilly
(215)597-9302
841 Chesnut Street
Philadelphia, PA 19107
4. Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, Tennessee
Henry Hudson
(407)347-1033
345Courtland St., NE
Atlanta, GA 30365
Carlton Hailey
(404)347-1033
345CourtlandSt., NE
Atlanta, GA 30365
Beverly Mosely
(404)347-1033
345CourtlandSt., NE
Atlanta, GA 30365
5. 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
6. 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
7. Iowa, Kansas, Missouri, Nebraska
Jacqui Ferguson
(913)551-7310
ARTX/TOPE/TSCS
726 Minnesota Ave.
Kansas City, KS66101
Jim Hirtz
(913)551-7472
TOPE
726 Minnesota Ave.
Kansas City, KS66101
Carl Walter
(913)551-7600
TOPE
-------
726 Minnesota Ave.
Kansas City, KS66101
8. Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming
Jim Knoy
(303)294-7163
999 18th Street
Suite 500
Denver, CO 80202
Kathie Atencio
(8ART-TS)
999 18th Street
Suite 500
Denver, CO 80202
Kerry Whitford
999 18th Street
Suite 500
Denver, CO 80202
9. Arizona, California, Hawaii, Nevada, American Samoa, Guam
Kathleen Shimmin
(415)744-2100
75 Hawthorne Street
(H-1-2)
San Francisco, CA 94105
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
10. Alaska, Idaho, Oregon, Washington
Walt Jaspers
(206) 553-0285
12006th Avenue
(HW-114)
Seattle, WA 98101
Phil Wong
-------
(206)553-4016
12006th Avenue
(AT083)
Seattle, WA 98101
Jayne Carlin
(206) 553-4762
12006th Avenue
Seattle, WA 98101
------- |