United States
                                 Environmental Protection
                                 Agency
                         Office of Enforcement
                         and Compliance
                         Assurance (2248A)
               EPA 300-N-00-002
&EPA        Enforcement   Alert
  Volume 3, Number3
  JOffice!&f ftegulatjory Enforcement
                  March 2000
    Facilities May Have Annual Toxics Release Inventory
      Reporting  Requirements for Nitrate  Compounds
    Under the Emergency Planning and
    Community Right-To-Know
(EPCRA), Section 313, certain facili-
ties manufacturing, processing or us-
ing various toxic chemicals must sub-
           About

    Enforcement Alert
   "Enforcement  Alert"  is
   published periodically by the
   Office    of    Regulatory
   Enforcement to inform and
   educate  the  public  and
   regulated  community  of
   important   environmental
   enforcement issues,  recent
   trends   and   significant
   enforcement actions.

   This information should help
   the  regulated  community
   anticipate   and  prevent
   violations    of   federal
   environmental  law that could
   otherwise lead to enforcement
   action. Reproduction and wide
   dissemination of this newsletter
   is encouraged.

   See  Page  3   for  useful
   compliance    assistance
   resources.

   Eric V. Schaeffer
   Director,  Office of
   Regulatory Enforcement

   Editor: Virginia Bueno
   (202) 564-8684
   bueno.virginia@epamail.epa.gov
   (Please Email all address and
   name changes or subscription
   requests  for this newsletter.)
 mit reports to the U.S. Environmental
 Protection Agency (EPA) and a State-
 designated agency.

   In addition to reporting on their re-
 leases of toxic chemicals into the air,
 water, and land, facilities are required
 chemicals such as ammonia, sodium
 nitrate and nitric acid, may also have
 reporting obligations for nitrate com-
 pounds.

   EPA has made clear through TRI
 reporting  instructions and guidance
         Water Dissociable Nitrate Compounds, When
    Manufactured as a Result of Wastewater Treatment or
         Other Processes, Are Reportable under TRI
to report on off-site transfers (includ-
ing transfer of wastes for treatment or
disposal at a s_eparate_fadlity)._
   EPA compiles data contained in fa-
cilities' reports in an on-line, publicly
accessible, national computerized da-
tabase known as the Toxics Release In-
ventory  (TRI).  These  chemical
right-to-know reports, help communi-
cate potential risks to the public and the
effects of those risks on public health
and safety, and the environment. By
communicating these potential chemi-
cal risks to the public, the EPA pro-
vides citizens with  an opportunity to
become active in emergency planning
and prevention activities  occurring
within their community.
   Reports must be submitted on or
before July 1 each year and must cover
activities that occurred at the facility
during the previous year.
  In particular, reporting requirements
also apply to facilities that generate
water dissociable nitrate compounds
as by-products during wastewater
treatment processes. Data from the TRI
suggests that many facilities reporting
documents that nitrate compounds gen-
erated as by-products must be reported
when these. ..compounds ._ar& in_excess,
of reporting thresholds. Companies that
fail to fully report nitrate compounds
risk enforcement actions and penalties
of up to $27,500 per day under EPCRA
Section 325.
Reporting Nitrates
Provides Additional Data
on Potential Risks to
Communities, Environment
   In 1997, the TRI indicated that 148
million pounds of nitrate compounds
were released to water. Studies have
found that excess exposure to nitrates
causes serious illness and/or death. For
example, infants and children are espe-
cially sensitive to elevated nitrate lev-
els, which cause methemoglobinemia
or "blue baby syndrome." Long term
exposure to nitrates has been linked to
diuresis, increased starchy deposits and
hemorrhaging of the spleen, depression
                                                                           Continued on page 2
               This publication is found on the Internet ^t^:/fy(r^,e^.^^/^ec^ore/^a:teFt

-------
                                          Enforcement Alert
Continued from page 1
of the cardiovascular and central ner-
vous systems, stupor, convulsions, and
respiratory depression. Excess nitrate
levels also cause environmental dam-
age such as nitrification of streams,
lakes, and rivers, and  ultimately,
eutrophication and algae blooms, which
lead to fish kills from oxygen depriva-
tion.


Who Must Report to the
TRl?
   A facility must report to the Toxic
Release Inventory if it meets all three
of the following criteria:
 "1 The facility is classified in Standard
 A Industrial Classification (SIC)
codes:
   •   10  (Metal Mining, except
1011,1081, & 1094);
   •   12 (Coal Mining except 1241);

   •   20-39 (Manufacturers);

   •   4911, 4931, & 4939 (Electric
Utilities, limited to facilities that com-
bust coal and/or oil for the purpose of
generating electricity for distribution in
commerce);
   •   4953 (Treatment, Storage, &
Disposal Facilities, limited to facilities
regulated under the RCRA Subtitle C);

   •   7389 (Solvent Recovery Ser-
vices, limited to facilities primarily en-
gaged in solvent recovery service on a
contract or  fee basis);
        5169 (Chemical Distributors);
and
    •   5171 (Petroleum Bulk Termi-
nals).
O The facility has 10 or more full time
.^-/employees (or the equivalent 20,000
employment hours per year).
3   The facility manufactures (includ-
   ing imports), processes, or other-
wise uses any TRI-listed chemical above
applicable threshold quantities. Gener-
ally, threshold quantities are 25,000
pounds for manufacturing and process-
ing activities,  and  10,000 pounds for
otherwise use activities. All thresholds
are determined per chemical over the
calender year.
   Whenever the above criteria are sat-
isfied, a report must be filed regardless
of whether a facility releases any
amount of the listed chemical into any
environmental medium.


TRl Reporting
Requirements for Water
Dissociable Nitrate
Compounds
   If a f acility is manufacturing or pro-
cessing nitrate compounds in quanti-
ties exceeding 25,000 pounds, or is us-
ing-nitrate compounds in quantities ex-
ceeding 10,000 pounds, the owner or
operator of that facility must file an EPA
Form R (Toxic Chemical Release Re-
porting Form) or EPA Form A (an al-
ternative to the Form R for qualifying
facilities) for each year the reporting
criteria are satisfied.
   All water dissociable nitrate chemi-
cals have been reportable as a "cat-
egory" since 1995 (reports due July 1,
1996). However, ammonium nitrate (so-
lution) has been reportable as an indi-
vidually listed chemical since 1987 (re-
ports due July 1, 1988). As of Jan. 1,
1995, ammonium nitrate was no longer
reportable as an individual chemical but
became reportable as part of the water
dissociable nitrate compound category.
EPA guidance document The Toxic Re-
lease Inventory. List of Toxic Chemi-
cals Within the Water, Dissociable Ni-
trate, Compounds Category and Guid-
ance for Reporting, published June
1999, includes a list of some the CAS
numbers and chemical names of indi-
vidual chemicals included in the water
dissociable nitrate compounds category.


'Coincidentally
Manufactured' Chemicals
Must be Reported
   The term "manufacture" includes
coincidental production of a toxic
chemical such as nitrate (e.g., as a by-
product) when chemicals (such as am-
monia, sodium nitrite, nitric acid and
other nitrogenous chemicals) are manu-
factured, processed, treated or other-
wise used. Listed chemicals such  as
ammonium, sodium nitrite and nitrate
compounds may be coincidentally
manufactured as a result of wastewa-
ter treatment or other treatment pro-
cesses.
   As explained in EPA's nitrate guid-
ance document, "The partial or com-

            jUontinued on page 3
         take Note:

   rtiatfort M nitrate com-
   pouttds,, which  are re
   ported as chemicals within
   the nitrate compounds cat-
   egory if their manufacture,
   process or otherwise use
   thresholds    are   ex-
   ceeded." — EPA guidance
   document: Toxic Release
   Inventory. List of Toxic
   Chemicals Within the Wa
   ter,  Dissociable Nitrate,
   Compounds Category and
   Guidance  for Reporting
   (June 1999).
March 2000

-------
                                            Enforcement Alert
 Continued from page 2

plete neutralization of nitric acid results
in the formation of nitrate compounds,
which are reported as chemicals within
the nitrate compounds category if their
manufacture, process or otherwise use
thresholds are exceeded."

   Based on EPA's calculations, a fa-
cility neutralizing greater than 18,530
pounds of nitric acid per year at a pH
greater than or equal to six with so-
dium hydroxide, has  coincidentally
manufactured more than 25,000
pounds per year of water dissociable
nitrate compounds and, therefore,
would be required to file an EPA Form
R or EPA Form A (if• applicable) for
each year beginning with 1995 that the
facility meets all the criteria described
above so long as no TRI reporting ex-
emptions apply.  Likewise, biological
oxidation of plant and animal materials,
ammonia,  urea, nitrogenous com-
pounds, and nitrite will also coinciden-
tally manufacture water dissociable ni-
trate compounds.
   Facilities should refer to  EPA's ni-
trate guidance document for technical
assistance in determining whether their
facility has TRI reporting obligations for
nitrate compounds, including nitrate
compounds generated  as by-products
during waste water treatment (see http:/
/www.epa.gov/opptintr/tri/nitrate.pdf).


Where to Submit TRI
Reporting Forms
   Facilities with TRI reporting  obli-
gations may submit reports  using the
1998 Toxic Chemical Release Inventory
Reporting Forms and Instruction for
reporting years  1995-1998.  EPA pre-
fers that reports be submitted using the
Automated TRI Reporting  Software
1998 (ATRS98), which is available on
the Internet at http://www.epa.gov/
opptintr/atrs/. The Form R, Form A or
the TRI diskette,  along with a cover
                   Coincidental  Manufacturing

 §;;-g|||3n^
 ;;aipfp,if|i^^
 Sfej^fli^:^^
 ;jj|jj5d)^^
 ; 'j^SejfJHj^iffij^                                        ^llf^lp^:
 :;'p|iti<:>ipJ!fc^^
letter and an original certification sig-
nature, should be sent to the:

   •   State in which the facility is lo-
cated at the address listed in the Form
R and Form A instructions, and

   •   EPCRA Reporting Center, At-
tention: TRI Nitrate Coordinator, P.O.
Box 3348, Merrifield, VA 22116-3348.

   Please note that the mere filing of a
required EPA Form R does not resolve
a facility's potential penalty liability for
having filed a Form R late.  A facility
should consult EPA's self-disclosure
policies for information related to such
filings.


EPA's Audit Policy and
Small Business Policy
   EPA has adopted policies designed
to encourage greater  compliance with
environmental laws  and regulations.
Two such policies, "Incentives for Self-
Policing, Discovery, Disclosure, Cor-
rection and Prevention of Violations"
(Audit Policy), and "Policy on Compli-
ance Incentives for Small Businesses"
(Small Business Policy), provide incen-
tives to conduct environmental audits
by substantially reducing or eliminating
penalties for entities that voluntarily dis-
cover, disclose, and expeditiously cor-
rect violations of environmental law.
For more information, see http://
www.epa.gov/oeca/auditpol.html and
http://www.epa.gov/oeca/smbusi.html,
respectively.
   Facilities desiring to  self disclose
TRI nitrate-related violations under
EPA's Audit Policy, should contact
Thomas C. Marvin, Office of Regula-
tory Enforcement, Toxics and Pesti-
cides Enforcement Division, by writ-
ing to him at 1200 Pennsylvania Av-
enue, NW, Washington, D.C.,  20044,
or calling (202) 564-4169, or  Email:
marvin. thomas ©epamail. epa.gov.
      Useful Corrmiiance
    Assistance Resources
  Office of Regulatory Enforcement:
  .http://www.epa.gov/oeca/ore

  Toxic & Pesticides Enforcement
  Division:
  http://www.epa.gov/oeca/ore/tped

  EPA's TRI Homepage:
  http://www.epa.gov/opptintr/tri/.

  TRI Reporting Forms and
  Instructions:
  http://www.epa.gov/opptintr/tri/
  report.htm

  Guidance Documents, Including
  Nitrate Compounds:
  http://www.epa.gov/opptintr/tri/
  guidance.htm

  Other TRI Policy Documents,
  Regulations, and Statutes:
  http://www.epa.gov/opptintr/tri/
  trirules.htm

  EPA Compliance Assistance
  Centers:
  http://www.epa.gov/oeca/mfcac.html

  EPA's Small Business Gateway:
  http://www.epa.gov/smallbusiness
March 2000

-------
AEPA
United States
Environmental Protection Agency
Office of Regulatory Enforcement
2248A
Washington, D.C. 20460

Official Business
Penalty for Private Use $300

'Enforcement Alert' newsletter
    Recycled/Recyclable. Printed with Soy/Canola Ink on paper that contains at least 30% recycled fiber

-------