Author: Paul W. Tomiczek III, REM, P.E.

2013 EPCRA Tier II Report

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The Emergency Planning and Community Right-to-Know Act (EPCRA) established the requirements for Federal, state and local governments, Indian Tribes, and industry regarding reporting on hazardous and toxic chemicals.    EPCRA was passed in response to concerns regarding environmental and safety hazards posed by the storage and handling of toxic chemicals.  These concerns were triggered by the disaster in Bhopal, India caused by the accidental release of methyl isocyanate.  Requirements for the preparation and submittal of Tier II Reports were established more than 20 years ago in response to these types of chemical release accidents.  Despite the time since the passage of these regulations, we have seen that some facilities are not submitting the Tier II reports in accordance with the deadline, and in some cases are simply failing to submit the reports.  

 Facilities covered by EPCRA requirements must submit an Emergency and Hazardous Chemical Inventory Form to the Local Emergency Planning Committee (LEPC), the State Emergency Response Commission (SERC), and the local fire department annually. Facilities provide either a Tier I or Tier II Form although most States require the Tier II Form.  Some states and counties have requirements in addition to the federal Tier II requirements. 

 The EPCRA Tier II Form submittal is due on March 1, 2013.  The Tier II Form is required for chemicals that are stored at your facility above specific weight thresholds that are not exempted under the EPCRA regulations.  The weight threshold varies for extremely hazardous substances (EHS) and is set at 10,000 pounds for other chemicals stored at your facility.

 Tier II Forms must report the required information for each hazardous chemical present at your facility in quantities equal to or greater than established threshold amounts (discussed below), unless the chemicals are excluded.  Hazardous chemicals are any substance for which your facility must maintain a Material Safety Data Sheet (MSDS) under OSHA’s Hazard Communication Standard (described at 29 CFR 1910.1200).

 Section 311(e) of EPCRA excludes a number of substances.  The OSHA regulations at Section 1910.1200(b) also stipulates various exemptions from the requirement for maintaining an MSDS for certain chemicals or materials. Minimum thresholds have been established for Tier II reporting under EPCRA Section 312.  These thresholds are as follows:

  •  For Extremely Hazardous Substances (EHSs) – the reporting threshold is 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower.  The current list of EHS chemicals and their TPQs is maintained at 40 CFR Part 355.
  • For gasoline (all grades combined) at a retail gas station, the threshold level is 75,000 gallons, if the tank(s) was stored entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements.
  • For diesel fuel (all grades combined) at a retail gas station, the threshold level is 100,000 gallons, if the tank(s) was stored entirely underground and the tank(s) was in compliance at all times during the preceding calendar year with all applicable UST requirements.
  • For all other hazardous chemicals for which facilities are required to have or prepare an MSDS, the minimum reporting threshold is 10,000 pounds.

 Your facility needs to report hazardous chemicals that were present at your facility at any time during the previous calendar year at levels that equal or exceed these thresholds.  The report covers the 2012 calendar year, beginning January 1 and ending December 31. For each chemical that your facility has listed, identify all the physical and health hazard boxes that apply.  These hazard categories are defined in 40 CFR 370.2.  The two health hazard categories and three physical hazard categories are a consolidation of the hazard categories defined in the OSHA Hazard Communication Standard, 29 CFR 1910.1200.

 For each chemical that is reported, the Tier II form asks for specific information such as the maximum amount stored onsite, average daily amount stored onsite, number of days present onsite, and storage codes and storage location information (for non-confidential chemicals).  You may elect to withhold location information on a specific chemical from disclosure to the public.  The Tier II instructions provide details for submittal of confidential information. The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier II submission is true, accurate, and complete.  An original signature is required on the submission. 

 To obtain Tier II reporting procedures and requirements for your state, please click on the state where your facility is located  on EPA’s website.

 

The completed Tier II form(s) must be submitted to each of the following organizations:  SERC, LEPC, and the fire department with jurisdiction over your facility.  If you have any questions about EPCRA Tier II reporting requirements and whether your facility may be subject to these regulations, please contact Paul Tomiczek III, REM, P.E. at ptomiczek3@cecinc.com or 800-365-2324. More information on EPCRA Tier II Reporting obligations and instructions for completing the Tier II report are provided here.

Deadline Extended for Toxic Substances Control Act Chemical Data Reporting

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On June 18, 2012, the United States Environmental Protection Agency (EPA) amended the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2012 reports from June 30, 2012 to August 13, 2012. This is a one-time extension for the 2012 submission period only. The CDR regulations require manufacturers and importers of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report current data on the manufacturing, processing, and use of the chemical substances. Potentially affected manufacturers may include:
  • Chemical manufacturers and importers (NAICS codes 325 and 324110, e.g., chemical manufacturing and processing and petroleum refineries).
  • Chemical users and processors who may manufacture a byproduct chemical substance (NAICS codes 22, 322, 331, and 3344, e.g., utilities, paper manufacturing, primary metal manufacturing, and semiconductor and other electronic component manufacturing).
Manufacturers (including importers) are required by the CDR rule to report to EPA information concerning the manufacturing, processing, and use of certain chemical substances listed on the TSCA Chemical Substance Inventory. The CDR requirements have changed since the last collection, which occurred in 2006 (based on 2005 production data).
EPA amended the IUR rule in a final action promulgated on August 16, 2011. Manufacturers (including importers) are subject to the revised reporting requirements based on manufacturing (including importing) activities conducted during the principal reporting year (calendar year 2011).
The 2012 reports must be submitted via the Internet using e-CDRweb and EPA’s Central Data Exchange (CDX). e-CDRweb is a web-based reporting tool that allows companies to file a paperless CDR submission and receive instant receipt confirmation.
To determine whether you are required to report for each chemical substance that you domestically manufactured (including imports) in the United States during the principal reporting year (i.e. calendar year 2011), you should consider the following three steps:
  • Step I: Is your chemical substance subject to the CDR rule? A CDR reportable chemical is a chemical substance that is domestically manufactured or imported into the United States, is listed in the TSCA Inventory, and is not specifically exempted by 40 CFR 711.6(a).
  • Step II: Are you a manufacturer (including importer) who is required to report? If you determined from Step I that you manufacture (or import) a CDR reportable chemical substance, you should subsequently determine whether you are a manufacturer (or importer) who must report. You are subject to CDR reporting if you manufactured (or imported) a chemical substance in production volumes of 25,000 pounds or greater at any single site you owned or controlled during 2011.
  • Step III: What information must you report? If you determine from Steps I and II that you are a manufacturer (or importer) of a CDR reportable chemical substance and you are required to report, then you are required to report the information described in 40 CFR 711.15(b)(1), (b)(2), and (b)(3) in Parts I and II of Form U. Basic company and site identification information is required by 40 CFR 711.15(b)(1) and (b)(2). Chemical identification and information pertaining to the manufacture (including import) of chemical substances is required by 40 CFR 710.15(b)(3). Note that the basic company and site identification information is reported once per site, while the manufacturing information is reported separately for each reportable chemical substance at the site.
The CDR report can be a fairly complex effort, depending upon your company’s manufacturing or importing activities. CEC has noted that some manufacturing companies are not familiar with this reporting obligation, perhaps due to the long duration from the most recent reporting period (2006). In the future, EPA is planning to require TSCA CDR reporting every four years. Perhaps this is EPA’s way of “helping” U.S. manufacturing companies.

If you have any questions about the TSCA CDR reporting requirements and whether your facility may be subject to these regulations, please contact Paul Tomiczek III, REM, P.E. at ptomiczek3@cecinc.com or 800-365-2324. More information on the TSCA CDR reporting obligations and instructions for completing the report are provided here.

EPCRA Toxic Release Inventory Reports Due July 1, 2012

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Toxic Release Inventory (TRI) Reports mandated by the Emergency Planning and Community Right-to-Know Act (EPCRA) are due July 1, 2012 for the 2011 reporting year. The Superfund Amendments and Reauthorization Act (SARA) of 1986 created EPCRA, the statute that was designed to improve community access to information about chemical hazards and to facilitate the development of chemical emergency response plans.  Section 313 of EPCRA requires that “Form R” or “Form A” reports be filed by owners and operators of facilities that meet all of the following criteria.

  • The facility has 10 or more full-time employee equivalents; and
  • The facility is included in a North American Industry Classification System (NAICS) code listed in Table I (provided in the TRI instructions); and
  • The facility manufactures, processes, or otherwise uses any EPCRA Section 313 chemical in quantities greater than the established threshold in the course of a calendar year.

The number of full-time employees is dependent only upon the total number of hours worked by all employees and other individuals (e.g., contractors) for the facility during the calendar year and not the number of persons working. If the total number of hours worked by all employees for your facility is 20,000 hours or more, your facility meets the ten employee threshold.

Beginning with 2006 EPCRA Section 313 reporting, the TRI Program began requiring North American Industry Classification System (NAICS) codes instead of Standard Industrial Classification (SIC) codes. The list of NAICS codes for facilities that must report to TRI if all other threshold determinations are met is provided in Table I of the Toxic Release Inventory instructions and also on EPA’s website.

The term manufacture” means to produce, prepare, compound, or import an EPCRA Section 313 chemical. You should also consider the possible coincidental production of an EPCRA Section 313 chemical as a result of the manufacture, processing, otherwise use or disposal of another chemical or mixture of chemicals.

The term “process” means the preparation of a listed EPCRA Section 313 chemical, after its manufacture, for distribution in commerce. Processing is usually the incorporation of an EPCRA Section 313 chemical into a product. A facility may process an impurity that already exists in a raw material by distributing that impurity in commerce.  Processing includes preparation of the EPCRA Section 313 chemicals in the same physical state or chemical form as that received by your facility, or preparation that produces a change in physical state or chemical form.

The term “otherwise use” means the use of an EPCRA Section 313 chemical, including an EPCRA Section 313 chemical contained in a mixture or other trade name product or waste that is not covered by the terms manufacture or process.  Otherwise use of an EPCRA Section 313 chemical does not include disposal, stabilization, or treatment for destruction unless certain conditions are met.  Relabeling or redistributing of the EPCRA Section 313 chemical where no repackaging of the EPCRA Section 313 chemical occurs does not constitute an otherwise use or processing of the EPCRA Section 313 chemical.  Some “otherwise uses” of listed EPCRA Section 313 chemicals are also exempted by the regulations.

EPCRA Section 313 chemicals contained in “articles” that are processed or otherwise used at a covered facility are exempt from threshold determinations and release and other waste management calculations. The exemption applies when the facility receives the article from another facility or when the facility produces the article itself. The exemption applies only to the quantity of EPCRA Section 313 chemical present in the article. If the EPCRA Section 313 chemical is manufactured (including imported), processed, or otherwise used at the covered facility other than as part of the article, in excess of an applicable threshold quantity, the facility is required to report that use of a chemical (40 CFR Section 372.38(b)).

If the processing or otherwise use of all like items results in a total release of 0.5 pound or less of an EPCRA Section 313 chemical in a reporting year to any environmental medium, EPA will allow this release to be rounded to zero, and the manufactured items retain their article status. The 0.5 pound threshold does not apply to each individual article, but applies to the sum of all releases from processing or otherwise use of all like articles.

EPCRA Section 313 reporting is required if threshold quantities are exceeded. If you meet the other criteria noted above, you must submit a report for any EPCRA Section 313 chemical that:

  • Is not listed as a persistent bioaccumulative and toxic (PBT) chemical and which is manufactured or processed at your facility in excess of 25,000 pounds per toxic chemical or category over the calendar year.
  • Is not listed as a PBT chemical and that is otherwise used at your facility in excess of 10,000 pounds per toxic chemical or category over the calendar year.
  • Is listed as a PBT chemical and which is manufactured, processed or otherwise used at your facility above the designated threshold for that chemical.  The PBT chemical names, CAS numbers and reporting thresholds are listed in the TRI reporting instructions.

Facilities can only use TRI-MEwebor paper for submitting the Form R and/or Form A reports.  The report for the 2011 calendar reporting year will be due on or before July 1, 2012. If you have any questions about EPCRA Section 313 reporting requirements and whether your facility may be subject to these regulations, please contact Paul Tomiczek III, REM, P.E. at ptomiczek3@cecinc.com or 800-365-2324. More information on EPCRA Section 313 Reporting obligations and instructions for completing the report are provided here.

2011 EPCRA Tier II Report

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The Emergency Planning and Community Right-to-Know Act (EPCRA) established the requirements for Federal, state and local governments, Indian Tribes, and industry regarding reporting on hazardous and toxic chemicals.    EPCRA was passed in response to concerns regarding environmental and safety hazards posed by the storage and handling of toxic chemicals.  These concerns were triggered by the disaster in Bhopal, India caused by the accidental release of methyl isocyanate.  Requirements for the preparation and submittal of Tier II Reports were established more than 20 years ago in response to these types of chemical release accidents.  Despite the time since the passage of these regulations, we have seen that some facilities are not submitting the Tier II reports in accordance with the deadline, and in some cases are simply failing to submit the reports.

Facilities covered by EPCRA requirements must submit an Emergency and Hazardous Chemical Inventory Form to the Local Emergency Planning Committee (LEPC), the State Emergency Response Commission (SERC), and the local fire department annually. Facilities provide either a Tier I or Tier II Form although most states require the Tier II Form.  Some states and counties have requirements in addition to the Federal Tier II requirements.

The EPCRA Tier II Form submittal is due on March 1, 2012.  The Tier II Form is required for chemicals that are stored at your facility above specific weight thresholds that are not exempted under the EPCRA regulations.  The weight threshold varies for extremely hazardous substances (EHS) and is set at 10,000 pounds for other chemicals stored at your facility.

 Tier II Forms must report the required information for each hazardous chemical present at your facility in quantities equal to or greater than established threshold amounts (discussed below), unless the chemicals are excluded.  Hazardous chemicals are any substance for which your facility must maintain a Material Safety Data Sheet (MSDS) under OSHA’s Hazard Communication Standard (described at 29 CFR 1910.1200).

 Section 311(e) of EPCRA excludes a number of substances.  The OSHA regulations at Section 1910.1200(b) also stipulates various exemptions from the requirement for maintaining an MSDS for certain chemicals or materials. Minimum thresholds have been established for Tier II reporting under EPCRA Section 312.  These thresholds are as follows:

  • For Extremely Hazardous Substances (EHSs) – the reporting threshold is 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower.  The current list of EHS chemicals and their TPQs is maintained at 40 CFR Part 355.
  • For gasoline (all grades combined) at a retail gas station, the threshold level is 75,000 gallons, if the tank(s) was stored entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements.
  • For diesel fuel (all grades combined) at a retail gas station, the threshold level is 100,000 gallons, if the tank(s) was stored entirely underground and the tank(s) was in compliance at all times during the preceding calendar year with all applicable UST requirements.
  • For all other hazardous chemicals for which facilities are required to have or prepare an MSDS, the minimum reporting threshold is 10,000 pounds.

Your facility needs to report hazardous chemicals that were present at your facility at any time during the previous calendar year at levels that equal or exceed these thresholds.  The report covers the 2011 calendar year, beginning January 1 and ending December 31. For each chemical that your facility has listed, identify all the physical and health hazard boxes that apply.  These hazard categories are defined in 40 CFR 370.2.  The two health hazard categories and three physical hazard categories are a consolidation of the hazard categories defined in the OSHA Hazard Communication Standard, 29 CFR 1910.1200.

 For each chemical that is reported, the Tier II form asks for specific information such as the maximum amount stored onsite, average daily amount stored onsite, number of days present onsite, and storage codes and storage location information (for non-confidential chemicals).  You may elect to withhold location information on a specific chemical from disclosure to the public.  The Tier II instructions provide details for submittal of confidential information. The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier II submission is true, accurate, and complete.  An original signature is required on the submission.

 To obtain Tier II reporting procedures and requirements for your state, please click on the state where your facility is located on EPA’s Tier II Chemical Inventory Reports page.

 The completed Tier II form(s) must be submitted to each of the following organizations:  SERC, LEPC, and the fire department with jurisdiction over your facility.  If you have any questions about EPCRA Tier II reporting requirements and whether your facility may be subject to these regulations, please contact Paul Tomiczek III, REM, P.E. at ptomiczek3@cecinc.com or 800-365-2324. More information on EPCRA Tier II Reporting obligations and instructions for completing the Tier II report are provided at http://www.epa.gov/oem/docs/chem/t2-instr.pdf.

2011 RCRA Biennial Hazardous Waste Report

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This blog was prepared as a reminder that your facility is required to complete and file the 2011 RCRA Hazardous Waste Report (also known as the “Biennial Report”) or your State’s equivalent hazardous waste report by March 1, 2012 if your facility met the definition of a RCRA Large Quantity Generator (LQG) during 2011; or if your facility treated, stored, or disposed of RCRA hazardous wastes on-site during 2011. Although the requirement for submitting the Biennial Reports has been in place for some time, we thought this blog could be helpful to new environmental managers/professionals or as a reminder to the busy environmental managers who face numerous reporting deadlines.

Your facility is a RCRA LQG for 2011 if your facility met any of the following criteria:

  • Your facility generated, in any single calendar month, 1,000 kg (2,200 lbs.) or more of RCRA non-acute hazardous waste; or
  • Your facility generated, in any single calendar month, or accumulated at any time, more than 1 kg (2.2 lbs.) of RCRA acute hazardous waste; or
  • Your facility generated, in any single calendar month, or accumulated at any time, more than 100 kg (220 lbs.) of spill cleanup material contaminated with RCRA acute hazardous waste.

Report your facility’s current Hazardous Waste Generator status based on the date you submit your 2011 Hazardous Waste Report on the Site ID Form. Your facility’s current status could be different from the status during the 2011 Hazardous Waste Report year.  Hazardous waste imported from a foreign country in 2011 must be counted in determining your facility’s generator status if your facility is the U.S. Importer.

 Do not file the 2011 Hazardous Waste Report if, during 2011, your facility was not a RCRA LQG and your facility did not treat, store, or dispose of RCRA hazardous wastes on-site in waste management units subject to a RCRA operating permit.  Unless specifically required by your state, do not file the 2011 Hazardous Waste Report if, during 2011, all hazardous waste generated at your facility was exported directly out of the United States to a foreign country.  An Annual Report must be filed in this case as required under 40 CFR 262.56.

States may impose reporting requirements above and beyond the Federal requirements. Some States use a modified version of this report or their own instructions and forms to fulfill their reporting requirements. Please contact your State Office about State-specific requirements. Locate your State Contact here.

EPA has made a number of changes to the Biennial Reporting Form this year.  A summary of the 2011 changes is provided here.

 The 2011 Hazardous Waste Report contains the following four forms: RCRA Subtitle C Site Identification (Site ID Form), Waste Generation and Management (GM Form), Waste Received From Off-site (WR Form), and Off-Site Identification (OI Form).  More information about these forms is provided here.

 As noted previously, the 2011 Hazardous Waste Report is due to your State or EPA Regional Office by Monday, March 1, 2012.  Your State reporting requirements or forms may differ from the Federal requirements.  Return your completed Hazardous Waste Report to the address listed for your State or Regional contact.

Be sure to make a photocopy of your completed Hazardous Waste Report and keep a copy for at least three years from the due date of the report as required by 40 CFR 262.40(b).

 If you have any questions about RCRA Biennial Hazardous Waste reporting requirements and whether your facility may be subject to these regulations, please contact Paul Tomiczek III, REM, P.E. at ptomiczek3@cecinc.com or 800-365-2324. More information on RCRA Biennial Reporting obligations, and detailed instructions for completing the hazardous waste report available in EPA’s 2011 Hazardous Waste Report Instructions and Forms document.

2010 EPCRA Tier II Report

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Requirements for the preparation and submittal of Tier II Reports were established more than 20 years ago.  Nevertheless, we have found that some facilities are not submitting the reports in accordance with the deadline, perhaps due to personnel reductions in their environmental departments.  The Emergency Planning and Community Right-to-Know Act (EPCRA) established the requirements for Federal, state and local governments, Indian Tribes, and industry regarding reporting on hazardous and toxic chemicals.  EPCRA was passed in response to concerns regarding environmental and safety hazards posed by the storage and handling of toxic chemicals.  These concerns were triggered by the disaster in Bhopal, India caused by the accidental release of methyl isocyanate.

Facilities covered by EPCRA requirements must submit an Emergency and Hazardous Chemical Inventory Form to the Local Emergency Planning Committee (LEPC), the State Emergency Response Commission (SERC), and the local fire department annually. Facilities provide either a Tier I or Tier II Form although most States require the Tier II Form.  Some states and counties have requirements in addition to the federal Tier II requirements.

The EPCRA Tier II Form submittal is due on March 1, 2011.  The Tier II Form is required for chemicals that are stored at your facility above specific weight thresholds that are not exempted under the EPCRA regulations.  The weight threshold varies for extremely hazardous substances (EHS) and is set at 10,000 pounds for other chemicals stored at your facility.

Tier II Forms must report the required information for each hazardous chemical present at your facility in quantities equal to or greater than established threshold amounts (discussed below), unless the chemicals are excluded.  Hazardous chemicals are any substance for which your facility must maintain a Material Safety Data Sheet (MSDS) under OSHA’s Hazard Communication Standard (described at 29 CFR 1910.1200).

Section 311(e) of EPCRA excludes a number of substances.  The OSHA regulations at Section 1910.1200(b) also stipulates various exemptions from the requirement for maintaining an MSDS for certain chemicals or materials. Minimum thresholds have been established for Tier II reporting under EPCRA Section 312.  These thresholds are as follows:

  • For Extremely Hazardous Substances (EHSs) – the reporting threshold is 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower.  The current list of EHS chemicals and their TPQs is maintained at 40 CFR Part 355.
  • For gasoline (all grades combined) at a retail gas station, the threshold level is 75,000 gallons, if the tank(s) was stored entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements.
  • For diesel fuel (all grades combined) at a retail gas station, the threshold level is 100,000 gallons, if the tank(s) was stored entirely underground and the tank(s) was in compliance at all times during the preceding calendar year with all applicable UST requirements.
  • For all other hazardous chemicals for which facilities are required to have or prepare an MSDS, the minimum reporting threshold is 10,000 pounds.

Your facility needs to report hazardous chemicals that were present at your facility at any time during the previous calendar year at levels that equal or exceed these thresholds.  The report covers the 2010 calendar year, beginning January 1 and ending December 31. For each chemical that your facility has listed, identify all the physical and health hazard boxes that apply.  These hazard categories are defined in 40 CFR 370.2.  The two health hazard categories and three physical hazard categories are a consolidation of the hazard categories defined in the OSHA Hazard Communication Standard, 29 CFR 1910.1200.

For each chemical that is reported, the Tier II form asks for specific information such as the maximum amount stored onsite, average daily amount stored onsite, number of days present onsite, and storage codes and storage location information (for non-confidential chemicals).  You may elect to withhold location information on a specific chemical from disclosure to the public.  The Tier II instructions provide details for submittal of confidential information. The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier II submission is true, accurate, and complete.  An original signature is required on the submission.

To obtain Tier II reporting procedures and requirements for your state, go <here>.

The completed Tier II form(s) must be submitted to each of the following organizations:  SERC, LEPC, and the fire department with jurisdiction over your facility.  If you have any questions about EPCRA Tier II reporting requirements and whether your facility may be subject to these regulations, please contact Paul Tomiczek III, REM, P.E., at ptomiczek3@cecinc.com or 800-365-2324. More information on EPCRA Tier II Reporting obligations and instructions for completing the Tier II report are provided <here>.

EPCRA Toxic Release Inventory Reports Due July 1, 2010

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Toxic Release Inventory (TRI) Reports mandated by the Emergency Planning and Community Right-to-Know Act (EPCRA) are due July 1, 2010 for the 2009 reporting year. Although a requirement for many industries for more than two decades, TRI Reports are sometimes overlooked because they do not directly impact operations or production.  As a matter of background on TRI reporting, the Superfund Amendments and Reauthorization Act (SARA) of 1986 created EPCRA, the statute that was designed to improve community access to information about chemical hazards and to facilitate the development of chemical emergency response plans.

 Section 313 of EPCRA requires that reports be filed by owners and operators of facilities that meet all of the following criteria. 

  • The facility has 10 or more full-time employee equivalents; and 
  • The facility is included in a North American Industry Classification System (NAICS) code listed in Table I; and  
  • The facility manufactures, processes, or otherwise uses any EPCRA Section 313 chemical in quantities greater than the established threshold in the course of a calendar year.   

The number of full-time employees is dependent only upon the total number of hours worked by all employees and other individuals (e.g., contractors) for the facility during the calendar year and not the number of persons working. If the total number of hours worked by all employees for your facility is 20,000 hours or more, your facility meets the ten employee threshold. 

Beginning with 2006 EPCRA Section 313 reporting, the TRI Program began requiring North American Industry Classification System (NAICS) codes instead of Standard Industrial Classification (SIC) codes. The list of NAICS codes for facilities that must report to TRI if all other threshold determinations are met is provided in Table I of the Toxic Release Inventory instructions.

 The term manufacture” means to produce, prepare, compound, or import an EPCRA Section 313 chemical. You should also consider the possible coincidental production of an EPCRA Section 313 chemical as a result of the manufacture, processing, otherwise use or disposal of another chemical or mixture of chemicals.

 The term “process” means the preparation of a listed EPCRA Section 313 chemical, after its manufacture, for distribution in commerce. Processing is usually the incorporation of an EPCRA Section 313 chemical into a product. A facility may process an impurity that already exists in a raw material by distributing that impurity in commerce.  Processing includes preparation of the EPCRA Section 313 chemicals in the same physical state or chemical form as that received by your facility, or preparation that produces a change in physical state or chemical form.

 The term “otherwise use” means the use of an EPCRA Section 313 chemical, including an EPCRA Section 313 chemical contained in a mixture or other trade name product or waste that is not covered by the terms manufacture or process.  Otherwise use of an EPCRA Section 313 chemical does not include disposal, stabilization, or treatment for destruction unless certain conditions are met.  Relabeling or redistributing of the EPCRA Section 313 chemical where no repackaging of the EPCRA Section 313 chemical occurs does not constitute an otherwise use or processing of the EPCRA Section 313 chemical.  Some “otherwise uses” of listed EPCRA Section 313 chemicals are also exempted by the regulations.

 EPCRA Section 313 chemicals contained in “articles” that are processed or otherwise used at a covered facility are exempt from threshold determinations and release and other waste management calculations. The exemption applies when the facility receives the article from another facility or when the facility produces the article itself. The exemption applies only to the quantity of EPCRA Section 313 chemical present in the article. If the EPCRA Section 313 chemical is manufactured (including imported), processed, or otherwise used at the covered facility other than as part of the article, in excess of an applicable threshold quantity, the facility is required to report that use of a chemical (40 CFR Section 372.38(b)).

 If the processing or otherwise use of all like items results in a total release of 0.5 pound or less of an EPCRA Section 313 chemical in a reporting year to any environmental medium, EPA will allow this release to be rounded to zero, and the manufactured items retain their article status. The 0.5 pound threshold does not apply to each individual article, but applies to the sum of all releases from processing or otherwise use of all like articles.

 EPCRA Section 313 reporting is required if threshold quantities are exceeded. If you meet the other criteria noted above, you must submit a report for any EPCRA Section 313 chemical that it: 

  • Is not listed as a PBT chemical and which is manufactured or processed at your facility in excess of 25,000 pounds per toxic chemical or category over the calendar year. 
  • Is not listed as a PBT chemical and that is otherwise used at your facility in excess of 10,000 pounds per toxic chemical or category over the calendar year. 
  • Is listed as a PBT chemical and which is manufactured, processed or otherwise used at your facility above the designated threshold for that chemical.  The PBT chemical names, CAS numbers and reporting thresholds are listed in the TRI reporting instructions.   

Starting this reporting year, facilities can only use TRI-MEweb or paper for submitting Form R(s) and/or Form A(s).  The report for the 2009 calendar reporting year will be due on or before July 1, 2010 whether using Form R or Form A. If you have any questions about EPCRA Section 313 reporting requirements and whether your facility may be subject to these regulations, please contact Paul Tomiczek III, REM, P.E. at ptomiczek3@cecinc.com or 800-365-2324. More information on EPCRA Section 313 Reporting obligations and instructions for completing the report are provided on EPA’s TRI Program website.