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 ------- |