Transcript Changes to the Toxics Release Inventory

Changes to the Toxics Release Inventory
Lower Thresholds for Lead and Lead
Compounds
EPA
REGION 9
page 1
Toxics Release Inventory
Community Right-to-Know
Adam Browning, U.S. EPA
(415) 947-4178
[email protected]
page 2
EPCRA SECTION 313:
TOXICS RELEASE INVENTORY
• PROGRAM OVERVIEW
Reporting Criteria
Reporting Procedures
• NEW LEAD RULE
• LOWER THRESHOLDS FOR LEAD
• COMPLIANCE RESOURCES
• SPRING WORKSHOP SERIES
• PHONE NUMBERS/WEBSITES
page 3
REPORTING REQUIREMENTS
• 10 or more employees
• In a covered SIC Code
• Manufacture, Process, or Otherwise
Use a listed chemical over threshold
amounts
page 4
COVERED INDUSTRIES
• Manufacturing (SIC Codes 20-39)
• Mining
• Electricity Generation, Coal and Oil Only
• Commercial Haz Waste TSDs
• Solvent Recycling Services
• Petroleum Bulk Terminals
• Chemical Distributors
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Thresholds
• Most Chemicals (List of 650)
• 25,000 lbs for manufacturing or processing
• 10,000 lbs for otherwise using
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Manufacturing - generating a Section 313 chemical
 Intentionally producing chemicals for:
• Sale
• Distribution
• On-site use or processing (e.g., intermediates)
 Coincidentally producing chemicals as impurities or
byproducts:
• At any point at the facility, including waste treatment and fuel
combustion
 Importing
• “Cause” to be imported
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Processing - preparation of a Section 313 chemical
for distribution in commerce
Using as a reactant to manufacture another
substance or product
Adding as a formulation component
Incorporating as an article component
Repackaging for distribution
• Including quantities sent off-site for recycling
As an impurity
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Otherwise using - includes most activities that are
not manufacturing or processing
Examples
• Chemical processing aid
• Manufacturing aid
• Ancillary activities
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Thresholds
• PBT Chemicals—Lower Thresholds
• 18 chemicals and chemical categories
• Thresholds between 100 lbs and 0.1 grams
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PBT Chemicals
Chemical Name or Category
CAS RN
100 Pound Threshold:
Aldrin
Methoxychlor
Pendimethalin
Polycyclic Aromatic Compunds
Tetrabromobisphenol A
Trifluralin
309-00-2
72-43-5
40487-42-1
NA
79-94-7
1582-09-8
10 Pound Threshold:
Benzo(g,h,i)perylene
Heptachlor
Hexachlorobenzene
Isodrin
Octachlorostyrene
Pentachlorobenzene
PCBs
Toxaphene
Mercury
Mercury Compounds
191-24-2
57-74-9
76-44-8
118-74-1
465-73-6
29082-74-4
608-93-5
1336-36-3
8001-35-2
7439-97-6
NA
0.1 Gram Threshold
Dioxin and dioxin-like compounds*
NA
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Dioxin and dioxin-like compounds
* includes polychlorinated dibenzo-para(p) dioxins (CDDs) and polychlorinated dibenzofurans (CDFs)
TRI REPORTING PROCESS
Covered Primary
SIC Code(s) or
Federal facility?
Ten Employees?
(20,000 hours)
YES
NO
MPOU*
Section 313
Chemicals?
YES
STOP
YES
NO
NO
MPOU*
Thresholds
Exceeded?
NO
YES
Reporting Thresholds Met; Form R/Form A Required
*MPOU: Manufacture (including import), process, or otherwise use
Introduction
to TRI
A-12
Introduction
to TRI
Reporting
Exemptions
Determining
Thresholds
Form R/
Form A
PBT
Overview
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RELEASE DEFINITIONS
• Release:
Any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment
• Reportable Amount:
The sum of the on-site amounts released
(including disposal), treated, combusted for
energy recovery, and recycled, combined with
the sum of the amounts transferred off site for
recycling, energy recovery, treatment, and/or
release (including disposal).
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TRI REPORTING PROCESS
Identify total
releases and
off-site transfers
Identify Section
313 chemicals
manufactured,
processed, or
otherwise used at
the site
Determine the
quantity of Section
313 chemicals
and how
they are
manufactured,
processed, or
otherwise used
on-site
Complete
Form
Identify other
waste management
practices
Identify source
reduction
activities
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Exemptions
• Designed to reduce the burden of reporting
associated with small or ancillary chemical uses
• If an exemption applies, then the amount of a
Section 313 chemical subject to the exemption
does not have to be included in:
 Threshold determinations
 Release and other waste management reporting
• Recognize that exemptions only apply in certain
limited circumstances
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Types of exemptions
De minimis
Articles
Laboratory activities
Otherwise use exemptions
•
•
•
•
•
Motor vehicle maintenance
Routine janitorial or facility grounds maintenance
Structural components
Personal use
Intake water and air
Mining (extraction activities and overburden)
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Article Exemption
• Article” is defined as an item that is already
manufactured and:
 Is formed into a specific shape or design during
manufacture; and
 Has end-use functions dependent in whole or in part on
its shape or design during end-use; and
 Does not release a Section 313 chemical under normal
processing or otherwise use conditions at a facility
• The articles exemption does not apply to the
manufacture of articles
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More on Article Exemption
• Releases of a Section 313 chemical from an
article may negate the exemption. To maintain
the article status, total releases from all like items
must be:
 In a recognizable form; or
 Recycled, directly reused; or
 0.5 pounds or less (may be rounded down to zero)
• If more than 0.5 pounds of a Section 313 chemical
are released from all like items in a nonrecognizable form and are not recycled or directly
reused, none of the items meet the articles
exemption
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Examples of Article Exemption
• Lead bricks incorporated into ships as ballast (by
a ship builder)
• Copper wire that is received, cut, bent, and
inserted into glass bulbs
• Sheet metal that is cut into appropriate shapes
(provided shavings or scraps do not result in
releases or non-recycled wastes)
• Bar stock used to make precision tuned parts
without changing the basic dimensional
characteristics when incorporated into the finished
product
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New Lead Rule
• Effective for Reporting Year 2001; first reports
due July 1, 2002
• Lowers threshold for Lead and Lead Compounds
to 100 lbs
• Other Changes:
• de minimis exemption
• Form A exclusion
• Range Reporting
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Thresholds
• Lead and Lead Compounds
• New rule: 100 lbs manufacture, process, or
otherwise use.
• Lead in stainless steel, brass, and bronze alloys still
reportable at 25,000 and 10,000 thresholds
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Stainless Steel?
• Lead in stainless steel, brass, and
bronze alloys not effected by new rule
• Still reportable at 25,000 and 10,000
thresholds
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OTHER CHANGES
• DE MINIMIS EXEMPTION DOES
NOT APPLY
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OTHER CHANGES
• FORM A—CAN’T USE IT FOR
LEAD
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OTHER CHANGES
• NO USE OF RANGE CODES
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Printed Circuit Board Issues
• Article Exemption
• Soldering Emissions
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Please Note . . .
• The following is EPA's application of the
articles exemption to a specific fact
scenario that was brought to the Agency.
Facilities may find this answer to be helpful
in determining reporting obligations,
however, please be aware that the specific
processes at a particular facility may
indicate a different result.
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Article Exemption Question
• Many circuit boards have a thin film of lead on
their surface. Assemblers bring the boards onto
their facility, and at this point, the boards qualify
for the article exemption. Let's call this board
Item A. The facility then solders a component
(Item B) onto the board. The lead on the board
reflows, then solidifies. Let's call this new item
(i.e., board with solder and component) Item C.
How does the article exemption apply?
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Article Exemption Answer
• Item C—the newly manufactured board
with component--does not qualify for the
articles exemption because one cannot
take the articles exemption for the
manufacture of an article.
• However . . .
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Answer, continued
• Items A and Item B may still qualify for
the articles exemption.
If there is less than 0.5 pound of lead
released from all like boards during the
reflowing of the lead, and
If less than 0.5 pounds of lead is released
from all like components during their
attachment to the boards, then
The boards and components individually
could be considered articles
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Answer, Continued
• Which means:
then even though Item C (board with solder
and component) doesn't qualify for the
article exemption, the facility would only
have to consider toward threshold and
release and other waste management
calculations those specific quantities of toxic
chemicals in the solder.
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Article Question #2
• In a subsequent step the facility grinds off
some of the newly applied solder. 0.5 lb of
a toxic chemical is released during this step
from all like items. Does that change
anything?
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Article Q #2 Answer
• Because the facility grinds off the solder before Item C
becomes a finished product, the grinding is considered
part of the manufacture of Item C. Because the
grinding step is part of the manufacture of Item C, it
does not change the analysis outlined above and
detailed in the 1998 Q&A 347. As stated in the
conclusion to Scenario 1, the facility cannot claim the
article exemption for the manufacture of Item C, but,
as discussed in the conclusion to Scenario 1, this
facility may still be able to claim the article exemption
for the toxic chemicals in the board (Item A) and the
component (Item B), that along with the solder, make
up Item C.
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Again, in English?
• The manufactured board was never an
article, so that does not change.
• The board and components can keep their
article status.
• Calculate the amount of lead in the solder
for threshold and release and waste
management purposes.
page 34
Remember . . .
• The answers above are EPA's application of
the articles exemption to a specific fact
scenario that was brought to the Agency.
Facilities may find this answer to be helpful
in determining reporting obligations,
however, please be aware that the specific
processes at a particular facility may
indicate a different result.
page 35
SOLDERING
• Q: Know of an air emission factor for
soldering?
page 36
SOLDERING EMISSION FACTOR
• A study by the School of Public Health at
the University of Illinois measured an
average of 86 mg/hr for uncontrolled lead
emissions from three wave soldering lines.
• Available from the NIOSH website via a
search at:
http://outside.cdc.gov/BASIS/niotic/public/t
ic/SF
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COMPLIANCE ASSISTANCE WORKSHOPS
• Series scheduled across the country this
Spring
• Check website for dates and locations
• http://www.epa.gov/tri/report/training/
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OTHER RESOURCES
• Final Guidance Document
• http://www.epa.gov/tri/lawsandregs/lead/tri_pb_rule.htm
• EPCRA Hotline
• 1-800-424-9346
• EPA Region 9
• www.epa.gov/region09/toxic/tri/index.html
• 1-415-947-8704
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Obtaining Guidance Docs
• To request that a copy of a TRI publication
be mailed to you:
call (202) 564-9554
or send an email to [email protected]"
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TRI HOMEPAGE

EPA’s Toxics Release Inventory Homepage
at http://www.epa.gov/tri
• General information on the TRI program and
program development
• Information on how to use the TRI data
• Access to TRI data (e.g., public data release, state
fact sheets, links to TRI databases)
• Guidance documents for newly added industries and
Section 313 chemicals
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TRI REPORTING SOFTWARE
 TRI
Made Easy (TRI-ME)
• New Software
• Intelligent software tool that guides facilities in
determining whether they have to report, and in
completing forms.
 Automated
TRI Reporting Software (ATRS)
• Electronic versions of TRI forms
• RY2001 will probably be the last year (will be replaced
by TRI-ME)
 TRI Assistance
Library (TRIAL)
• Indexed, searchable collection of key guidance documents
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SECTION 313 GENERAL GUIDANCE

Toxic Chemical Release Inventory Reporting Forms and
Instructions. U.S. EPA, Office of Information Analysis and
Access. Available at http://www.epa.gov/tri

EPCRA Section 313 Questions and Answers (Revised 1998
Version). U.S. EPA, Office of Pollution Prevention and Toxics.
December 1998. Available at
http://www.epa.gov/tri/guidance.htm

Common Synonyms for Chemicals Listed Under Section 313 of
EPCRA. U.S. EPA, 1995.

Consolidated List of Chemicals Subject to Reporting Under the
Act (Title III List of Lists). U.S. EPA, Office of Solid Waste and
Emergency Response. November 1998. Available at
http://www.epa.gov/tri/guidance.htm
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SECTION 313 GENERAL GUIDANCE

Emergency Planning and Community Right-to-Know ActSection 313: Draft Guidance for Reporting Releases and Other
Waste Management Activities of Toxic Chemicals: Lead and
Lead Compounds

Draft Document available now, final version to be posted any
day now.

Available at http://www.epa.gov/tri/reporting_pb.htm
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SECTION 313 TECHNICAL GUIDANCE

Industry-specific technical guidance documents such as:
• EPCRA Section 313 Reporting Guidance for Rubber and Plastics
Manufacturing. U.S. EPA, Office of Environmental Information. May
2000. Available at http://www.epa.gov/tri/guidance.htm
• Guidance for new industries, available at
http://www.epa.gov/tri/guidance.htm

Chemical-specific guidance documents such as:
• Guidance for Reporting Sulfuric Acid. U.S. EPA, Office of Pollution
Prevention and Toxics. March 1998. Available at
http://www.epa.gov/tri/guidance.htm
• List of Toxic Chemicals within the Glycol Ethers Category. U.S.
EPA, Office of Environmental Information. December 2000.
Available at http://www.epa.gov/tri/guidance.htm

Estimating Releases and Waste Treatment Efficiencies for the
Toxic Chemical Release Inventory Form. U.S. EPA, 1988.
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SECTION 313 TECHNICAL GUIDANCE

Technology Transfer Network (TTN)
• Internet: http://www.epa.gov/ttn/
• Help Desk (919) 541-5384
• Compilation of Air Pollutant Emission Factors (AP-42)
• WATER9 program
• Updates WATER8, CHEMDAT8, and CHEM9
• TANKS program
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