page 3 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 4 REPORTING REQUIREMENTS 10 or more employees In a covered SIC Code Manufacture, Process, or Otherwise Use a listed chemical over threshold amounts
page 5 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
page 6 Thresholds Most Chemicals (List of 650) 25,000 lbs for manufacturing or processing 10,000 lbs for otherwise using
page 7 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
page 8 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
page 9 Otherwise using - includes most activities that are not manufacturing or processing Examples Chemical processing aid Manufacturing aid Ancillary activities
page 10 Thresholds PBT Chemicals—Lower Thresholds 18 chemicals and chemical categories Thresholds between 100 lbs and 0.1 grams
page 11 PBT Chemicals 309-00-2 72-43-5 40487-42-1 NA 79-94-7 1582-09-8 191-24-2 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 Dioxin and dioxin-like compounds * includes polychlorinated dibenzo-para(p) dioxins (CDDs) and polychlorinated dibenzofurans (CDFs)
page 12 TRI REPORTING PROCESS STOP Reporting Thresholds Met; Form R/Form A Required *MPOU: Manufacture (including import), process, or otherwise use YES NO YES Covered Primary SIC Code(s) or Federal facility? Ten Employees? (20,000 hours) MPOU* Section 313 Chemicals? MPOU* Thresholds Exceeded? A-12 Reporting Exemptions Introduction to TRI Form R/ Form A PBT Overview Introduction to TRI Determining Thresholds
page 13 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).
page 14 TRI REPORTING PROCESS 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 Identify total releases and off-site transfers Identify other waste management practices Identify source reduction activities Complete Form
page 15 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
page 16 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)
page 17 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
page 18 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 non- recognizable form and are not recycled or directly reused, none of the items meet the articles exemption
page 19 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
page 20 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
page 21 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
page 22 Stainless Steel? Lead in stainless steel, brass, and bronze alloys not effected by new rule Still reportable at 25,000 and 10,000 thresholds
page 23 OTHER CHANGES DE MINIMIS EXEMPTION DOES NOT APPLY
page 24 OTHER CHANGES FORM A—CAN’T USE IT FOR LEAD
page 27 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.
page 28 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?
page 29 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...
page 30 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
page 31 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.
page 32 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?
page 33 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.
page 34 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 35 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 36 SOLDERING Q: Know of an air emission factor for soldering?
page 37 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
page 38 COMPLIANCE ASSISTANCE WORKSHOPS Series scheduled across the country this Spring Check website for dates and locations http://www.epa.gov/tri/report/training/
page 39 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
page 40 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 TRIDOCS@epa.gov"
page 41 n 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 TRI HOMEPAGE
page 42 TRI REPORTING SOFTWARE n TRI Made Easy (TRI-ME) New Software Intelligent software tool that guides facilities in determining whether they have to report, and in completing forms. n Automated TRI Reporting Software (ATRS) Electronic versions of TRI forms RY2001 will probably be the last year (will be replaced by TRI-ME) n TRI Assistance Library (TRIAL) Indexed, searchable collection of key guidance documents n To be mailed to all TRI-reporting facilities in Spring 2002
page 43 SECTION 313 GENERAL GUIDANCE n Toxic Chemical Release Inventory Reporting Forms and Instructions. U.S. EPA, Office of Information Analysis and Access. Available at http://www.epa.gov/tri n 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 n Common Synonyms for Chemicals Listed Under Section 313 of EPCRA. U.S. EPA, 1995. n 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
page 44 SECTION 313 GENERAL GUIDANCE n Emergency Planning and Community Right-to-Know Act- Section 313: Draft Guidance for Reporting Releases and Other Waste Management Activities of Toxic Chemicals: Lead and Lead Compounds n Draft Document available now, final version to be posted any day now. n Available at http://www.epa.gov/tri/reporting_pb.htm
page 45 SECTION 313 TECHNICAL GUIDANCE n 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 n 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 n Estimating Releases and Waste Treatment Efficiencies for the Toxic Chemical Release Inventory Form. U.S. EPA, 1988.
page 46 SECTION 313 TECHNICAL GUIDANCE n 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