Transcript Enhanced Monitoring of Facility Operations Through Process

The Toxic Release Inventory
(TRI)
Jim Walsh
Georgia Tech Economic Development
Institute
404.210.5550
[email protected]
November 2001
Presentation Outline








What is the TRI?
Who must file reports for the TRI?
Form R vs Form A
Common TRI Reportables
Estimating Releases
Filing & Fees
TRI Enforcement
What’s New for 2001
The Bhopal Incident





December 3, 1984
pesticide plant (Sevin)
massive release of
methyl isocyanate
3,800+ dead and
11,000 disabled
worst industrial accident
in history
Union Carbide India Limited
Bhopal
What is the TRI?




provides public with information on routine &
accidental releases of certain toxic chemicals
began in 1986 as Superfund re-authorization
Congress prompted to act by Bhopal tragedy
Section 313 of the Emergency Planning and
Community Right to Know Act (EPCRA)
– a.k.a. Section 313 of Title III – Community Right
to Know, of the Superfund Amendments and
Reauthorization Act (SARA Title III)
Who Must File TRI Reports?
Facility must meet three criteria in order to be
required to submit reports:
• have 10 or more employees
(part-time included at 2000 hours/employee)
• be included under SIC codes 20xx through 39xx
(all Federal facilities are also included)
• manufacture, process, or otherwise use any listed
toxic chemical in quantities greater than the
established thresholds for a given year
The EPCRA Chemicals
Section 313
TRI Chemicals
(App. 630)*
CERCLA
Hazardous Substances
(739)
228
79
21
59
EHSs
(356)
* Excluded Chemical Categories
and chemicals subjective to
Administrative Stay
EPCRA Chemicals
The “Title III List of Lists” is the key to
EPCRA and is available from:
– http://www.epa.gov/ceppo/pubs/title3.pdf
– EPA hotline at 1-800-535-0202
(hotline is operated by contractor; provides
“shield” from EPA inquiries)
Notable Chemical Exemptions
Certain common industrial chemicals are
presently exempt from TRI reporting:





acetone
sodium hydroxide
ammonium sulfate
sulfuric and hydrochloric acids (non-aerosol)
isopropyl alcohol (unless from strong acid
manufacturing facility)
TRI Reporting Thresholds
The reporting threshold is tripped if your facility:

manufactures or processes
….. more than 25,000 lbs of certain chemicals or compounds
OR

otherwise uses
….. more than 10,000 lbs of certain chemicals or compounds
Determining Applicability
Is your facility SIC 20xx-39xx or a
Federal facility?
Yes
Do you have 10 or more
full-time employees?
No
No report this year
No
No
Yes
Do you manufacture, process,
or otherwise use any listed
chemical or chemical category?
No report this year
No
Yes
Do you trip the thresholds?
Yes
Does Form R Section 8.1-8.7
exceed 500 lbs?
Yes
Submit Form R
No
Do you manufacture, process
or otherwise use more than
1,000,000 lbs
No
Yes
Submit Form A
Form R vs Form A

analogous to IRS Form 1040 vs Form 1040EZ

Form R must be used if the total amount in
Sections 8.1 thru 8.7 exceeds 500 lbs

Form A can be used if the total amount in
Sections 8.1 thru 8.7 is less than 500 lbs
– unless more than one million lbs is manufactured,
processed, or otherwise used
– PAC, PBT, mercury and mercury compounds
Form A Exclusion

Less than 500 lbs reported in Sections:
8.1 – Quantity Released
8.2 – On- Site Energy Recovery
8.3 – Off-Site Energy Recovery
8.4 – On-Site Recycling
8.5 – Off-Site Recycling
8.6 – Treated On-Site
8.7 – Treated Off-Site
Manufacture
EPCRA defines “manufacture” as:
 to produce chemicals for
– sale
– distribution
– on-site use

coincidentally manufacture as a
byproduct or impurity
– deminimis exemption does not apply

or import
Process
EPCRA defines “process” as:
 distributed in commerce
– stays or is intended to stay with product
used as a reactant
 used as a formulation component
 incorporated as an article component
 repackaged
 created as an impurity

Otherwise Use
EPCRA defines “otherwise use” as:
 does not stay with product
 used in chemical processing
– solvents

used as a manufacturing aid
– refrigerant

ancillary
– waste water treatment chemicals
Reporting Exemptions
Facility-Related Exemptions
 Laboratory
– manufactured, processed, or otherwise used in laboratory
activities by technically qualified persons

Property Owner
– own real estate with covered facility
Use-Related Exemptions
 used as a structural component of the facility
 used in janitorial or grounds maintenance work
 personal use by employees or other persons
 maintenance of facility motor vehicles
 contained in intake water or air
The Article Exemption





Quantities of listed toxics contained in an article do
not have to be factored into threshold or release
determinations:
an article is formed to a specific shape
has an end-use dependent on shape
does not release a TRI chemical or chemical
category under normal processing
– less than 0.5 lbs of release per year
original shape still definable
ingot melting, wire drawing, welding rods and wire,
and solder are NOT exempt
Machining of Articles
drilling, cutting, or
other machining
probably negates the
article exemption
Releases via Machining
Many common engineering materials
contain TRI reportables. For instance,
stainless steels usually contain the
following TRI chemicals:
– manganese (Mn)
– chromium (Cr)
– nickel (Ni)
– lead (Pb)
– others MAY be deminimis exempt
Estimating Releases

Estimating Releases and Waste Treatment
Efficiencies for the Toxic Chemical Release
Inventory Form
– EPA 560/4-88-002, Call NTIS at 703-605-6000
– Has SOCMI Factors, Cost $54.50, PB88210380

Compilation of Air Pollutant Emission Factors
AP-42, Fifth Edition, Volume I:
Stationary Point and Area Sources
– http://www.epa.gov/ttn/chief/ap42.html
Common Reportables:
Painting Operations



many solvents used in
painting, such as
toluene, xylene, and
methyl ethyl ketone are
TRI reportables as
otherwise used
solid paint that remains
on product is processed
what you use is often
what you lose
Painting Process Often Complex
Organic Coating Chemicals and Chemical Compounds
Air Emissions
Air Emissions
Workpiece
Surface
Prep
Cleaning
and Treatment
Chemicals
Air Emissions
Spray Application
or
Electrodepostion
of
Organic Coatings
Wastewater
Slurry
Container Residues
Flash-Off Curing
Zone
Zone
Wastewater
Slurry
Container Residues
Coated
Workpiece
Clean Out
Wastes from
Oven and
Product
Carrier
Painting Factors to Consider




surface preparation can result in substantial solvent
and/or particulate releases (abrasive blasting)
transfer efficiency of different types of spray guns has
tremendous impact on amount of overspray
(conventional vs HVLP vs electrostatic)
booth filter efficiency plays a lesser role
residue quantities in drums for different chemicals
and removal methods
Estimating Releases from
Abrasive Surface Preparation

Bag House Performance
– 95% efficient, 25 replacements/year, 5
bags/replacement, 50 lb weight gain/bag, dust
1.1% chromium, bags to landfill

Off-Site Disposal
– 25 x 5 x 50 x 1.1% = 69 lbs

Air Emissions
– 25 x 5 x 50 x (.05/.95) x 1.1% = 3.6 lbs
Common Reportables:
Ammonia Refrigeration Systems


Anhydrous ammonia
is otherwise used in a
refrigeration system
If more than 10,000
lbs is added, TRI
report must be filed
– new system can trip
the threshold
Common Reportables:
Chlorine for Water Treatment




chlorine is otherwise
used in water and
wastewater treatment
if more than 10,000 lbs is
used, TRI report must be
filed
chlorine in water is NOT
released
only fugitive air
emissions are reported
Common Reportables:
Aqueous Ammonia & Nitrates

Nitrate compounds and
aqueous ammonia are
coincidentally
manufactured as
wastewater byproducts
– threshold is 25,000 lbs
– concentrations are less
than 10,000 mg/l
– deminimis exemption
does not apply when
manufactured as
byproduct
Nitrification/Denitrification
Total Organic Nitrogen Total Kjeldahl Nitrogen
(TON) = TKN –NH3-N (TKN)
Anaerobic Treatment Ammonia Nitrogen
(NH3-N)
Aerobic Treatment
Nitrite Nitrogen
(N02-N)
Oxidizing

Nitrate Nitrogen
(NO3-N)
Anoxic Treatment
(Shut Off Aerators)
Nitrogen (N2)
Facultative Bacteria
strip O from NO3
Common Reportables:
Aqueous Ammonia




aqueous ammonia is manufactured as a
byproduct by biological wastewater treatment
systems which convert protein (TON) into
ammonia nitrogen (NH3-N)
the highest concentration is immediately after
an anaerobic treatment system
the data from laboratory analysis is reported
as N and must be multiplied by 1.2
10% of the aqueous ammonia is used for
threshold and release calculations
Common Reportables:
Nitrate Compounds





nitrate compounds are manufactured as a
byproduct by aerobic wastewater treatment
systems which oxidize nitrogen compounds
deminimis does not apply
the threshold is computed by assuming the
nitrate compound is NaNO3
if nitrate nitrogen (N03-N) is reported as N,
the amount must be multiplied by 6.1
the release is only the amount of NO3 in the
final effluent
Common Reportables:
Mineral Acids and Bases
no release if pH is 6 to 9
 100% wastewater treatment efficiency
 typical chemicals excluded

– sulfuric acid
– phosphoric acid

typical chemicals NOT excluded
– acetic acid
Aerosol forms Sulfuric Acid

threshold
– 25,000 lbs
– manufactured as a by-product by
combustion of fuel oil and coal
– deminimis does not apply
– although natural gas contains trace
amounts of sulfur, it is not likely that an
aerosol form of sulfuric acid will be
manufactured
Mercury & Mercury Compounds
threshold is 10 lbs
 deminimis exemption does not apply
 Form A cannot be used
 fluorescent light tubes

– generally qualify for article exemption
– can be crushed when no longer in use
Polycyclic Aromatic Compounds
(PACs)

21 chemicals in PAC category
– benzo(a)anthracene
– benzo(a)pyrene
– dibenzo(a,l)pyrene
threshold is 100 lbs for all chemicals in
PAC category
 deminimis does not apply
 Form A cannot be used

Persistent Bioaccumulative Toxic
(PBT) Chemicals

chemical
–
–
–
–
–
aldrin
methoxychlor
chlorodane
benzo(g,h,i) perylene
polychlorinated biphenyls
(PCBs)
threshold
–
–
–
–
–
100 lbs
100
10
10
10
» Transformers may be
article exempt
– dioxin and dioxin Like
Compounds – 17 total


deminimis does not apply
Form A cannot be used
– 0.1 gram
Combustion System Releases

PBTs
– benzo(g,h,I)perylene
– PCBs (used oil)
– dioxin





PACs
Mercury
lead
sulfuric acid
other TRI chemicals
– otherwise used are subject
to deminimis
– manufactured are not
subject to deminimis
Natural Gas Thresholds

manufacture
– benzo(g,h,i)perylene – 8.33 trillion SCF
– PACs – 115.1 trillion SCF
– benzene – 11.9 trillion SCF
– formaldehyde – 333.33 trillion SCF
– naphthalene – 40.98 trillion SCF

otherwise use
– vanadium – 4.35 trillion SCF
No. 2 Fuel Oil Thresholds

manufacture
– dioxin – 8.3 million gal
– sulfuric acid – 20.4 million gal
– mercury compounds – 3.6 million gal

otherwise use
–
–
–
–
PACs – 1.4 million gal
benzo(g,h,I)perylene – 28.6 million gal
vanadium – 952.4 million gal
mercury – 3.6 million gal
No. 6 Fuel Oil Thresholds

manufacture
–
–
–
–
–
–

PAC – 6.1 billion gal
benzo(g,h,I)perylene – 4.4 billion gal (two different factors)
dioxin – 8.3 million gal
sulfuric acid (5% sulfur) – 5.1 million gal
mercury compounds – 135.1 million gal
formaldehyde – 0.8 million gal
otherwise use
–
–
–
–
PAC – 5,079 gal
benzo(g,h,I)perylene – 47,170 gal
Vanadium – 17.1 million gal
mercury – 135.9 million gal
Coal Thresholds

manufacture
– zinc compounds – 1,801 tons
– all others greater than 19 thousand tons

otherwise use
– zinc – 893 tons
– all others greater than 20 thousand tons
How to File




Form R/A must be sent to both EPA and state
environmental agency
electronic filing is strongly encouraged;
Georgia EPD prefers this format
ATRS 2000 software available free from:
http://www.epa.gov/tri/atrs/
reports are due July 1 for previous calendar
year, along with applicable fees
TRI Reporting Fees






less than 500 lbs of release
500-1,000 lbs of release
1,000-10,000 lbs of release
more than 10,000 lbs of release
fees are for any one report
due July 1
$0
$500
$1,000
$1,500
Filing for Previous Years

if facility determines it should have been submitting
Form R or A in past years
– submitting data for past 5 years is recommended
– EPCRA provides for enforcement 5 years into past
– EPA Region IV known to enforce 3 years back

penalties or fines vary per situation:
– unofficial policy is to not levy fines as long as facility has
submitted reports voluntarily
– fines are likely if EPA finds the discrepancy
– $50,000 per chemical per year is typical (get legal help!)
– fine reductions up to 90% are possible via Supplemental
Environmental Project (SEP) …. this is not an EMS!
Information Sources
The TRI section of the U.S. EPA website
(http://www.epa.gov/tri) is a treasure trove of
information on EPCRA and TRI:
–
–
–
–
general information
FAQs and guidance documents
reporting forms and instructions
TRI Explorer software for accessing TRI data
(It is a good idea to review your posted facility data for errors;
transcription errors abound)
http://www.epa.gov/enviro/index_java.html
http://www.epa.gov/enviro/index_java.html
TRI Enforcement





a.k.a. “Beware of Your Grandparents”
EPA/AARP agreement
several enforcement actions in Georgia
$50,000 fine per chemical per year typical
proposed penalty
legal help may be necessary
New for 2001
transportation SICs may be added
 lead (Pb) threshold lowered to 100 lbs
for reporting year 2001

– Exception for stainless, brass, and bronze
– Lead acid batteries qualify for article
exemption

coal ash used in cement is “processed”