Questions and Answers

Each Q&A addresses a specific aspect of TRI reporting. There are a few options available to search the Q&As, which may be used individually or in combination:

  • Use the search box, note that you’ll receive results for any record containing the string that you typed (e.g., typing manufa will provide results that contain these letters, including words like manufacture, manufactured, manufacturing, etc.),
  • Click on the “Keyword(s)” or “Category” column headings to search for and filter on keywords and categories, and
  • Click on the “Keyword(s)” or “Category” hyperlinks within a specific question record to add those terms as filters and further refine the search.

By clicking the Q&A text for a specific question, the record for that question will open. The record includes additional details and a PDF download of the Q&As.

  • 1 - 50 of 131
Questions and AnswersKeyword(s)Category(hidden - contains search text)(hidden - contains search text)FedFac
Chemical Category; Disposal; Energy Recovery; Facility; Manufacture; NAICS; Process; Releases; Toxic Chemical List; Waste; Waste Management Activities; Waste Treatment3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19001 19-001 1 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Chemical Category (Compound Category); Disposal (Dispose); Energy Recovery; Facility; Manufacture (Manufactured; Manufacturing; Produce; Produced); NAICS (Industry Code); Process (Processing; Processed; Processes); Releases (Released); Toxic Chemical List; Waste; Waste Management Activities; Waste Treatment 1. What is the Toxics Release Inventory?The Toxics Release Inventory (TRI) is a database that currently contains detailed information on 595 individually listed chemicals and 33 chemical categories that over 23,000 industrial and other facilities manage through disposal or other releases, recycling, energy recovery, or treatment. The data are collected from industries including manufacturing, metal and coal mining, electric utilities, commercial hazardous waste treatment, and other industrial sectors. Information on the North American Industry Classification System (NAICS) can be found at: https://www.epa.gov/toxics-release-inventory-tri-program/tri-covered-industry-sectors. Section 313 of the Emergency Planning and Community Right to Know Act (EPCRA) of 1986 was enacted to facilitate emergency planning, to minimize the effects of potential toxic chemical accidents, and to provide the public with information on releases of toxic chemicals in their communities. The Pollution Prevention Act (PPA) of 1990 mandates collection of data on toxic chemicals that are treated, recycled, and combusted for energy recovery. Together, these laws require facilities in certain industries, which manufacture, process, or use toxic chemicals above specified amounts, to report annually on disposal or other releases and other waste management activities related to these chemicals. The U.S. Environmental Protection Agency (EPA) maintains this information in a national database called the Toxics Release Inventory, which is available to the public via the Internet at: https://www.epa.gov/toxics-release-inventory-tri-program.</div></b><div style="visibility:hidden"></div></b>-
Toxic Chemical List3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19005 19-005 5 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Toxic Chemical List 5. What list of toxic chemicals is subject to reporting under EPCRA section 313?EPCRA section 313 defined the list of toxic chemicals. The initial list (with certain technical modifications and revisions) appears in the regulations (40 CFR Section 372.65) and in the instruction booklet for completing Form R. EPA, from time to time, has revised the list. The most recent instruction booklet for completing the Form R contains the updated chemical list. To obtain information on the latest additions or deletions from the list of toxic chemicals contact the Emergency Planning and Community Right-to-Know Information Hotline.</div></b><div style="visibility:hidden"></div></b>-
Toxic Chemical List3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19006 19-006 6 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Toxic Chemical List 6. What is the difference between the Section 313 list of toxic chemicals and other EPCRA lists of regulated chemicals?There are overlaps, which exist between lists of chemicals covered by different Sections of EPCRA. Section 313 focuses on toxic chemicals that may cause chronic health and environmental effects, although the list does contain chemicals that cause acute health effects. When EPCRA was written, the Section 313 list was developed from lists of regulated toxic chemicals in New Jersey and Maryland. The other EPCRA lists cover chemicals of concern for emergency planning purposes. The List of Lists: Consolidated List of Chemicals document (EPA 550-B-15-001, March 2015) identifies toxic chemicals that are specifically listed and must be reported under various sections of EPCRA.</div></b><div style="visibility:hidden"></div></b>-
Activity Threshold; Chemical Category; Metal Compounds; Release Reporting3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19007 19-007 7 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Activity Threshold (Threshold Determination); Chemical Category (Compound Category); Metal Compounds; Release Reporting 7. How are toxic chemical categories handled under Section 313 threshold determinations and release and other waste management calculations?All toxic chemicals in the category that are manufactured, processed, or otherwise used at a covered facility must be totaled and compared to the appropriate thresholds (40 CFR Section 372.25(d)). A threshold determination for toxic chemical categories is based on the total weight of the compound. Except for metal compound categories and nitrate compounds, the total weight of the compound released or otherwise managed as waste must be reported. Releases and other waste management quantities of metal compounds are reported as the parent metal portion of the compounds (40 CFR Section 372.25(h)). If the metal and corresponding metal compounds exceed thresholds, a joint report for metal compounds, including the parent metal, can cover both reporting requirements. Similarly, releases and other waste management quantities of nitrate compounds are reported as the nitrate portion of the compound.</div></b><div style="visibility:hidden"></div></b>-
Facility3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19012 19-012 12 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Facility 12. What is the reporting deadline for EPCRA section 313 submissions?EPCRA section 313 submissions are due on July 1st of the year following each reporting (calendar) year (40 CFR Section 372.30(d)). Facilities must submit reports by midnight, July 1st, for each facility’s respective time zone. For example, a submission from a facility on the West Coast at 11:59 P.M. (PST) on the reporting deadline is considered to be on time. Reports are stamped with the time and date as the Central Data Exchange (CDX) receives them.</div></b><div style="visibility:hidden"></div></b>-
CAS Number; Chemical Name; Mixture3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19014 19-014 14 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions CAS Number; Chemical Name; Mixture (Mixtures) 14. We use a toxic chemical with a CAS number not on the list of Section 313 toxic chemicals. There are similar toxic chemicals on the list, but none with the same CAS number. How can I be sure I do not have to report?Although CAS numbers are useful, a covered facility should also use the toxic chemical name to determine if a toxic chemical is listed on the EPCRA section 313 list. Be aware, however, that mixtures are often assigned CAS numbers. These mixtures may contain individually listed toxic chemicals. The facility should use all available information, including the toxic chemical name as well as process and chemical knowledge, to determine if a component of the mixture is a listed toxic chemical under Section 313. CAS numbers may be of limited use in this case. Also, certain specific compounds (e.g., copper chloride) are not listed individually on the EPCRA section 313 list with a specific CAS number, but are reportable under a compound category.</div></b><div style="visibility:hidden"></div></b>-
CAS Number; Chemical Category3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19015 19-015 15 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions CAS Number; Chemical Category (Compound Category) 15. If an item on the Section 313 list incorporates toxic chemicals with multiple CAS numbers (i.e., nickel compounds), how is the CAS number of the item described?Do not enter a CAS number in such cases. Instead, enter the appropriate category code (provided in the instructions to the Form R) in the space for the CAS number in Part II, Section 1.1 of the Form R. The individual chemical members of a listed category are not required to be, and should not be, identified in the report.</div></b><div style="visibility:hidden"></div></b>-
Chemical Category; Health Effects3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19017 19-017 17 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Chemical Category (Compound Category); Health Effects 17. Do the toxic chemical categories such as nickel compounds include all compounds, even those that have not been associated with adverse health effects? What is the authority for this decision?The EPCRA section 313 list established by Congressional legislation included categories. EPA interprets these listings to mean all compounds of nickel, for example, regardless of whether specific toxicological problems have been identified for a specific compound in the category. However, EPA may grant, and has granted, petitions to delete specific compounds from a category if the Agency determines that the compound does not meet the listing criteria.</div></b><div style="visibility:hidden"></div></b>-
Disposal; Facility; Recycling; Releases; Threshold Determination; Waste; Waste Management Activities3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19055 19-055 55 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Disposal (Dispose); Facility; Recycling (Recycle); Releases (Released); Threshold Determination (Activity Threshold); Waste; Waste Management Activities 55. How should a federal facility, which has not previously reported under EPCRA section 313, begin efforts to make threshold determinations and release and other waste management calculations for activities at the facility?Federal facilities should utilize the best readily available information needed to make threshold determinations and release and other waste management calculations. For example, a release through an air stack or to a receiving stream may be estimated from the appropriate air and water permits. Permit applications may also include the mathematical equations that were used to calculate permitted release amounts. These equations potentially could be modified and used to calculate releases for section 313 reporting purposes. Reaction equations and engineering notes also may provide a good source of information for release calculations and on-site waste management activities. For transfers off-site for further waste management, annual or biannual RCRA reports provide an excellent source of information. These reports refer to specific hazardous waste manifests. From the manifests, it may be possible to estimate the amounts of EPCRA section 313 chemicals in the waste transferred off-site. Invoices and shipping receipts are essential if a reportable EPCRA section 313 chemical that is not a RCRA waste, is sent off-site for recycling or disposal. In addition, the EPA has produced estimation guidance manuals for specific industries and for specific chemicals. Information about how to obtain these guidance manuals is available on the EPA website: https://www.epa.gov/chemicals-under-tsca.</div></b><div style="visibility:hidden"></div></b>Y
Establishment; Facility; Form R; Multi-Establishment; Releases; Waste3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19121 19-121 121 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Establishment (Multi-Establishment; Multiestablishment); Facility; Form R; Multi-Establishment; Releases (Released); Waste 121. Each establishment of a multi-establishment federal facility files its own Form R for an EPCRA section 313 chemical. The waste that this multi-operation site ships off-site for further waste management is inventoried on an entire facility basis. To report this waste, does each establishment estimate their percentage of the total waste or can one operation report the entire waste?If individual establishments report separately for one chemical, they must report separately all releases of that chemical. Therefore, in the case cited above, one establishment cannot report the amount transferred off-site for further waste management from the entire facility. Each operation would have to report their percentage of the amount transferred off-site.</div></b><div style="visibility:hidden"></div></b>Y
Air Releases; Establishment; Facility; Form R; Incineration; Releases; Threshold Determination; Waste; Waste Management Activities; Waste Treatment3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19123 19-123 123 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Air Releases; Establishment (Multi-Establishment; Multiestablishment); Facility; Form R; Incineration (Treatment for Destruction); Releases (Released); Threshold Determination (Activity Threshold); Waste; Waste Management Activities; Waste Treatment 123. A DOE facility has three establishments (“distinct and separate economic activities [e.g., separate NAICS codes][that] are performed at a single location”). The three establishments are considered one facility for threshold determinations, but are submitting separate Form R reports to report their releases and other waste management activities. A waste containing tetrachloroethylene (TCE) is produced at Establishment A and transferred to Establishment B for waste treatment in a TSCA incinerator. Establishment A has only air releases of TCE. Except for the amount received from Establishment A, Establishment B does not use TCE. How should the tetrachloroethylene be reported if two Form Rs are submitted?Establishment A should report all releases and other waste management of the TCE up to the point at which the waste TCE was transferred to Establishment B. It would not, however, report the transfer of the TCE to Establishment B. Since there are only air releases of TCE from Establishment A, this establishment would report the amount of air releases in Part II, Section 5 and 8.1 of the Form R. Establishment B should report all releases and other waste management (including incineration) once the TCE is received from Establishment A. Establishment B would report any releases or other waste management in Part II, Sections 5, 6 and 8 of the Form R. The on-site incineration would be reported in Part II, Section 8.6 of Establishment B’s Form R.</div></b><div style="visibility:hidden"></div></b>Y
Chemical Deletion3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19151 19-151 151 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Chemical Deletion (Deleted Chemicals) 151. EPCRA section 313(d) provides for the addition and deletion of chemicals to and from the list of toxic chemicals found at 40 CFR Section 372.65. According to EPCRA section 313(d)(4), any revision to the list made on or after January 1 and before December 1 of any reporting year will take effect beginning with the next reporting year. Any revision made on or after December 1 and before January 1 of the next reporting year will take effect beginning with the reporting year following the next reporting year. While all additions to the list are subject to these provisions, the Agency has not applied the delayed effective dates specified in EPCRA section 313(d)(4) for any rules deleting chemicals from the EPCRA section 313 list. To date, the promulgated final rules delisting chemicals have been effective on the date of publication of the final rule in the Federal Register. Moreover, when EPA has issued the final rule before July 1, the Agency has relieved facilities of their reporting obligation for the previous reporting year in addition to obviating future reporting. Given the statutory language, why has EPA not promulgated a delayed effective date for those actions deleting substances from the list of toxic chemicals?Although the statutory language outlines a delayed effective date provision, EPA interprets EPCRA section 313(d)(4) to apply only to actions that add to the list of toxic chemicals. As explained in the final rule deleting di-n-octyl phthalate from the EPCRA section 313 list, published on October 5, 1993 (58 FR 51785), the Agency believes that it may, in its discretion, make deletions effective immediately upon the determination that a chemical does not satisfy the listing criteria found in EPCRA section 313(d)(2). Since a deletion from the list alleviates a regulatory burden, and 5 U.S.C. Section 553(d)(1) permits any substantive rule that relieves a restriction to take effect without delay, EPA is authorized to delete chemicals from the list effective immediately. The Agency believes that the purpose of EPCRA section 313(d)(4) is to provide covered facilities with adequate time to incorporate newly listed chemicals into their data collection processes. Because facilities can immediately cease reporting on a delisted chemical, and since the chemical no longer satisfies the listing criteria, EPA has not specified a delayed effective date for deletions from the list of toxic chemicals under EPCRA section 313.</div></b><div style="visibility:hidden"></div></b>-
Chemical Deletion; New Chemicals; Toxic Chemical List3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19153 19-153 153 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Chemical Deletion (Deleted Chemicals); New Chemicals; Toxic Chemical List 153. Any person may petition EPA to add or delete a chemical from the TRI list of covered chemicals (40 CFR Section 372.20(d)). What should a person include in a petition to add or delete a listed TRI chemical?A petitioner should provide EPA with enough information concerning their request and as much credible scientific support documentation as can reasonably be developed to assist EPA in reviewing the petition. The following elements illustrate the type of information that would assist EPA in reviewing petitions: chemical identification, specific criteria elements, rationale, published literature citations, and unpublished information. The summary of the petition should include the following: name, address and telephone number of the petitioner, and a description of any organization that the person represents if applicable Actions requested (i.e., to add or delete chemicals). In the case of petitions to add a chemical or group of chemicals, the petition should identify which of the criteria in EPCRA section 313(d)(2) the chemicals meet. If more than one chemical is included, a tabular summary of the specific chemicals should be provided with associated chemical abstract service registry numbers (CASRN). The body of the petition should be chemical-specific and should be structured so that each chemical and its CASRN are listed at the heading of the paragraph or page that describes it. The associated information elements could be presented under the following subheadings: the action requested (i.e., to add or to delete); the specific criteria elements that the chemical meets; the justification or rationale for the action, including a statement explaining why the chemical meets or does not meet the stated criteria elements. A listing or attachment of the supporting documents should also be included with the petition. Depending on who is sending the petition, the petition should be sent to the appropriate address: Governor or Tribal Chairperson (or equivalent) Signed Petitions Administrator [Administrator’s name] US Environmental Protection Agency Office of the Administrator, Mail code: 1101A 1200 Pennsylvania Ave Avenue, N.W. Washington, DC 20460 Petitions Not Signed by a Governor or Tribal Chairperson (or equivalent) Assistant Administrator [Assistant Administrator’s Name] Office of Chemical Safety and Pollution Prevention, Mail Code: 7101M US Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 Additional information on the petition process is available in the February 4, 1987, Federal Register (52 FR 3479). Specific information on the metal compound category petition process is available in the May 23, 1991, Federal Register (56 FR 23703).</div></b><div style="visibility:hidden"></div></b>-
Hydrogen Sulfide; Reporting Requirements3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Miscellaneous
<div style="visibility:hidden">19155 19-155 155 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Miscellaneous Hydrogen Sulfide; Reporting Requirements 155. Hydrogen sulfide (H2S) was originally added to the list of TRI covered chemicals in 1993; however, dating back to 1994, there has been an administrative stay for reporting hydrogen sulfide under EPCRA §313. What is the current status of the administrative stay on EPCRA §313 reporting requirements for hydrogen sulfide?Hydrogen sulfide is included on the TRI list of chemicals reportable under EPCRA section 313 (40 CFR Part 372, Subpart D). Beginning with the 2012 reporting year (reports due July 1, 2013), the Administrative Stay is lifted and facilities are required to submit TRI reports for hydrogen sulfide. Additional information regarding the lifting of the administrative stay on hydrogen sulfide is available at the following URL:https://www.epa.gov/toxics-release-inventory-tri-program/lifting-administrative-stay-hydrogen-sulfide.</div></b><div style="visibility:hidden"></div></b>-
Activity Threshold; De minimis Exemption; Hydrogen Sulfide; Reporting Requirements3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Miscellaneous
<div style="visibility:hidden">19156 19-156 156 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Miscellaneous Activity Threshold (Threshold Determination); De minimis Exemption; Hydrogen Sulfide; Reporting Requirements 156. The administrative stay for hydrogen sulfide (H2S) under EPCRA §313 was lifted in November 2011; therefore, facilities will be required to submit TRI reports for Reporting Year 2012 by July 1, 2013. Will there be any special applicability issues for the reporting of hydrogen sulfide?The reporting requirements for hydrogen sulfide have not changed from those that have been in place since it was originally listed in 1993. Therefore, facilities should consider the following information in determining applicability: a) Hydrogen sulfide is not a persistent bioaccumulative toxic (PBT) chemical. Therefore, it is subject to the standard activity thresholds of 25,000 pounds for manufacturing and processing and 10,000 pounds for otherwise use. b) Hydrogen sulfide is listed without a chemical qualifier; therefore, it is subject to reporting in all forms in which it is manufactured, processed, or otherwise used. c) For purposes of the de minimis exemption, the 1.0% level applies to hydrogen sulfide because it does not meet the Occupational Safety and Health Administrations definition of a carcinogen. Therefore, hydrogen sulfide is exempt in a mixture at a concentration lower than 1.0%. Additional information about the reporting of hydrogen sulfide and the lifting of the administrative stay are available at the following URL: https://www.epa.gov/toxics-release-inventory-tri-program/lifting-administrative-stay-hydrogen-sulfide.</div></b><div style="visibility:hidden"></div></b>-
Reporting Requirements3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Miscellaneous
<div style="visibility:hidden">19157 19-157 157 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Miscellaneous Reporting Requirements 157. Acetonitrile was included on the original list of chemicals subject to the reporting requirements under EPCRA §313; however, EPA has since received two petitions to have it removed from the list of covered chemicals. What is the status of the most recent petition for the removal of acetonitrile from the list of chemicals subject to reporting requirements under EPCRA §313?On March 5, 2013, EPA published a notice in the Federal Register denying the petition to remove acetonitrile from the list of chemicals subject to TRI reporting requirements (78 FR 14241). After reviewing the available data on this chemical, EPA determined that acetonitrile does not meet the deletion criterion of EPCRA §313(d)(3). Specifically, EPA denied the petition because after a review of both the petition and available information, the Agency concluded that acetonitrile meets the listing criterion of EPCRA §313(d)(2)(B) due to its potential to cause death in humans. Further information about the petition is available at the following URL: https://www.epa.gov/toxics-release-inventory-tri-program/acetonitrile-petition.</div></b><div style="visibility:hidden"></div></b>-
Concentration Range; Facility; Mixture; SDS; Threshold Determination3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.C. Mixtures
<div style="visibility:hidden">19178 19-178 178 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.C. Mixtures Concentration Range; Facility; Mixture (Mixtures); SDS; Threshold Determination (Activity Threshold) 178. If a covered facility receives a Safety Data Sheet (SDS) from its supplier that states that the concentration of the TRI substance in the mixture ranges between zero and 10 percent, can the facility estimate the concentration of the TRI chemical in the mixture by using zero as the lower bound?No, a facility cannot estimate the concentration of a TRI chemical in a mixture by using zero as a lower bound concentration, even if the facility receives an SDS from a supplier stating that the concentration of a TRI substance is between zero and a stated upper bound. If an SDS shows zero as the lower bound of the concentration range, then the lower bound concentration is unknown, and the facility must use the provided upper bound for threshold determinations (40 CFR Section 372.30(b)(3)(ii)). Therefore, in the scenario above, since the facility only knows that the upper bound is 10 percent, it must calculate the amount of TRI chemical in the mixture based on the 10 percent concentration.</div></b><div style="visibility:hidden"></div></b>-
Manufacture; Metal Compounds3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories
<div style="visibility:hidden">19181 19-181 181 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories Manufacture (Manufactured; Manufacturing; Produce; Produced); Metal Compounds 181. Is the conversion from one metal compound to another metal compound within the same metal compound category considered manufacturing for purposes of threshold determinations and release, and other waste management calculations?Yes. The conversion of one metal compound to another metal compound within the same metal compound category is considered the manufacture of a metal compound, which must be considered toward threshold determinations. This is identical to how threshold calculations are derived for listed toxic chemicals in non-metal compound categories. The unique aspect for metal compounds, as compared to non-metal compounds within a listed compound category, is how amounts released and otherwise managed as waste are reported. As stated in the final rule (62 FR 23850; May 1, 1997), ‘if a metal is converted to a metal compound or if a metal compound is converted to another metal compound,..., a metal compound has been manufactured as defined under EPCRA section 313.’ However, provided that thresholds are exceeded, covered facilities are instructed to report only the amount of the parent metal contained in the metal compound for amounts released or otherwise managed as waste. If thresholds for both the elemental metal and its metal compounds have been exceeded, covered facilities have the option to submit one Form R that includes on their report the amounts of the elemental metal from the parent metal along with amounts of the metal portion from the metal compounds.</div></b><div style="visibility:hidden"></div></b>-
Compound; Compound Category; Multiple Chemical Category; Release Reporting; Threshold Determination3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories
<div style="visibility:hidden">19182 19-182 182 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories Compound (Compounds); Compound Category (Chemical Categories; Chemical Category); Multiple Chemical Category; Release Reporting; Threshold Determination (Activity Threshold) 182. How would a compound that falls into two reporting categories be reported (e.g., PbCrO3) on the Form R?A compound that has constituents in two listed categories would have to be included under both categories when submitting a Form R. In the example indicated, the total weight of PbCrO3 must be included in determining the threshold for both lead compounds and in determining the threshold for chromium compounds. In reporting the releases and other waste management of lead, only the stoichiometric weight of the lead in PbCrO3 released or otherwise managed as waste would be included. Likewise, only the chromium in PbCrO3 that is released and otherwise managed as a waste would be included on the Form R.</div></b><div style="visibility:hidden"></div></b>-
Chromium; Compound; Lead; Metal Compounds; Threshold Determination3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories
<div style="visibility:hidden">19183 19-183 183 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories Chromium (Chromium Compounds); Compound (Compounds); Lead (Lead Compounds); Metal Compounds; Threshold Determination (Activity Threshold) 183. For Section 313 reporting requirements and threshold determinations, if a covered facility uses lead, lead chromate, and other chromium compounds, can they be considered separately or must they be combined into categories? When reporting releases and other waste management activities, must quantities of categories be determined as well?Threshold determinations for metal containing compounds are made separately from parent-metal threshold determinations because they are listed separately under Section 313. In the scenario presented in the question, the facility would apply the quantity of the lead metal manufactured, processed, or otherwise used to the appropriate threshold for lead. The facility would apply the quantities of the lead chromate manufactured, processed, or otherwise used to the appropriate threshold for lead compounds and would apply the quantities of the lead chromate and other chromium compounds manufactured, processed, or otherwise used to the appropriate threshold for chromium compounds. However, a facility may, once a threshold has been met individually, combine the parent metal and its metal compounds for reporting. In completing the Form R, only the weight of the parent metal (not the entire compound weight) is to be considered.</div></b><div style="visibility:hidden"></div></b>-
Activity Threshold; Compound; Facility; Form R; Fume or Dust; Metal Compounds; Metals; Zinc3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories
<div style="visibility:hidden">19184 19-184 184 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories Activity Threshold (Threshold Determination); Compound (Compounds); Facility; Form R; Fume or Dust; Metal Compounds; Metals; Zinc 184. If a facility exceeds an activity threshold for both the parent metal and the metal compounds category for the same metal, can that facility file both chemicals on one EPCRA §313 Form R report?Only elemental metals without a chemical qualifier can be reported with their associated metal category compound on a combined Form R report. Elemental metals with qualifiers that are only reportable if they are manufactured, processed, or otherwise used in a specific form(s) cannot be reported with their associated metal compound category on the same Form R. For example, a facility that exceeds an activity threshold for both zinc (fume or dust) and zinc compounds must not report both zinc (fume or dust) and zinc compounds on the same Form R. Additional information on reporting metal category compounds and their parent metal can be found in the Toxic Chemical Release Inventory Reporting Forms and Instructions.</div></b><div style="visibility:hidden"></div></b>-
Activity Threshold; Compound; Emissions Factors; Facility; Fuel; Lead; Manufacture; Otherwise Use; Process; Releases; Waste3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Miscellaneous
<div style="visibility:hidden">19188 19-188 188 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Miscellaneous Activity Threshold (Threshold Determination); Compound (Compounds); Emissions Factors; Facility; Fuel; Lead (Lead Compounds); Manufacture (Manufactured; Manufacturing; Produce; Produced); Otherwise Use; Process (Processing; Processed; Processes); Releases (Released); Waste 188. Are diesel, gasoline, and fuel oils reportable under EPCRA section 313?Although diesel, gasoline, and fuel oils are not listed as TRI toxic chemicals, these products contain listed toxic chemicals that may be reportable under EPCRA section 313, if applicable activity thresholds are met. An EPCRA section 313 listed toxic chemical that is a constituent of a fuel that is combusted on-site is being “otherwise used” (62 FR 23834, 23851; May 1, 1997). In addition, the combustion of fuels can cause listed toxic chemicals to be generated, or “manufactured.” Toxic chemicals in fuel that are prepared for distribution in commerce are “processed.” For example, toxic chemicals in fuel contained in automobiles that are sold by a facility are considered toward the processing threshold. Estimated concentrations of toxic chemical constituents in crude oil and various petroleum products can be found in Table 3-4 of the Electricity Generating Facilities EPCRA section 313 Industry Guidance (EPA 745-B-00-004), in Table 2-2 of the Guidance for Reporting Toxic Chemicals: Polycyclic Aromatic Compounds Category (EPA 745-B-19-019), and in Table 4-8 of the Guidance for Reporting Releases and Other Waste Management Quantities of Toxic Chemicals: Lead and Lead Compounds. Estimated quantities of certain toxic chemicals manufactured as a result of fuel combustion are provided in Tables 3-8, 3-9, and 3-11 in the Electricity Generating Facilities Guidance and in Table 2-3 of the Polycyclic Aromatic Compounds Guidance. Additional toxic chemical emissions estimates from fuel combustion are provided in the Compilation of Air Pollutant Emissions Factors (AP 42) and other resources available through EPAs Clearing House for Inventories and Emissions Factors.</div></b><div style="visibility:hidden"></div></b>-
Coal Combustion; Coincidental Manufacturing; Combustion Byproducts3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Acids
<div style="visibility:hidden">19191 19-191 191 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Acids Coal Combustion; Coincidental Manufacturing (Byproduct; Coincidental Manufacture); Combustion Byproducts 191. A covered facility heats coal to approximately 2,000°F to drive off the volatiles from the coal to produce an activated carbon product. Is this activity considered coal combustion such that Section 313 metal compounds are manufactured in this operation?Generally, activation of carbon or other organic material involves a two-step process. The first step consists of carbonizing the organic material, which is generally carried out by subjecting the material to temperatures in the range of 500 to 700°C (approximately 930 to 1,300°F). The second step, the activation process, may be chemically performed or it may also be conducted using temperatures typically in the 750 to 1,000°C range (approximately 1,380 to 1,850°F). Both activities occur at temperatures that are below the temperature posed in the question. In any case, while these are high temperatures, these ranges are not equivalent to the temperatures that take place during combustion. Based on available information, the temperature described in the question is not high enough to cause coal combustion. For example, furnaces may operate at temperatures above 1,400°C (approximately 2,550°F). The temperature described in the question may not result in many of the chemical conversions, such as the transformation of metal compounds, which are expected to occur during combustion. However, these temperatures may result in some conversions and the facility would need to determine what takes place based on their best available information and report as necessary.</div></b><div style="visibility:hidden"></div></b>-
Compound; Metal Compounds; Threshold Determination3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories
<div style="visibility:hidden">19201 19-201 201 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories Compound (Compounds); Metal Compounds; Threshold Determination (Activity Threshold) 201. We manufacture and use copper wire. We also use copper compounds in various parts of our processes. The Section 313 list contains both copper and copper compounds. Should we combine these categories for our determination of thresholds and reporting? Do we report the release and other waste management of copper compounds as copper metal?Copper and copper compounds are separate entries on the Section 313 list, and therefore threshold determinations should be made separately. Copper compounds are a listed category and will include the aggregate of all copper compounds (other than the free metal). For copper compounds, report releases and other waste management activities as copper (e.g., as the copper ion in wastewater), not as the total mass of copper compounds. If a facility exceeds thresholds for both the parent metal and compounds of the same metal, EPA allows the facility to file a combined report (e.g., one report for copper compounds and copper metal).</div></b><div style="visibility:hidden"></div></b>-
Metal Compounds; Threshold Determination3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19202 19-202 202 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Metal Compounds; Threshold Determination (Activity Threshold) 202. Do we count the nonmetal portion of metal compounds?The nonmetal portion of metal compounds is included in threshold determinations but not in release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Compound; Metal Compounds; Process; Threshold Determination3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories
<div style="visibility:hidden">19203 19-203 203 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories Compound (Compounds); Metal Compounds; Process (Processing; Processed; Processes); Threshold Determination (Activity Threshold) 203. An electroplating facility uses metal cyanide compounds in their electroplating operations. Are they processing or otherwise using those cyanide compounds? How do they determine whether they meet the threshold, and which threshold applies?The parent metal is plated onto a substance electrochemically. The metal compounds are processed, and the cyanide compounds are processed because the metal cyanide is the source of the metal that is plated and subsequently distributed in commerce. Metal cyanides are reportable as both cyanide compounds and metal cyanides. The total compound weight is applied for threshold determinations for both categories.</div></b><div style="visibility:hidden"></div></b>-
Compound; Metal Compounds; Multiple Chemical Category; Threshold Determination3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories
<div style="visibility:hidden">19204 19-204 204 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories Compound (Compounds); Metal Compounds; Multiple Chemical Category; Threshold Determination (Activity Threshold) 204. An oxidation/reduction reaction that occurs as part of a waste treatment operation results in the formation of 2,500 pounds of lead chromate. How must a threshold determination be made for this compound?Lead chromate meets the criteria for both a lead compound and a chromium compound. In such cases, the total amount of the compound manufactured, processed, or otherwise used must be applied to the threshold determination for both metal compound categories. The weight of the entire compound, not the weight of the parent metal, is applied for the threshold determination of each metal compound category.</div></b><div style="visibility:hidden"></div></b>-
Chemical Qualifier; Compound3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories
<div style="visibility:hidden">19235 19-235 235 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories Chemical Qualifier; Compound (Compounds) 235. In the Federal Register, (53 FR 4538; February 16, 1988) EPA describes cyanide compounds as X+CN- where X=H+ or any other group where a formal dissociation may occur; examples are KCN and Ca(CN)2. Are cyanide compounds that do not dissociate reportable?Cyanide compounds that do not dissociate are not reportable. However, dissociable cyanide compounds are not limited to the simple salts. Rather, this category includes all cyanide compounds for which dissociation upon release to the environment is expected to occur.</div></b><div style="visibility:hidden"></div></b>-
Chemical Qualifier; Compound; Fume or Dust3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Fume or Dust
<div style="visibility:hidden">19257 19-257 257 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Fume or Dust Chemical Qualifier; Compound (Compounds); Fume or Dust 257. There are two chemicals on the list with the qualifier “fume or dust” (zinc and aluminum). What exactly is a “fume” or a “dust?”EPA does not have a regulatory definition of a fume or a dust, but considers dusts, for purposes of reporting, to consist of solid particles generated by any mechanical processing of materials including crushing, grinding, rapid impact, handling, detonation, and decrepitation of organic and inorganic materials such as rock, ore, and metal. Dusts do not tend to flocculate except under electrostatic forces. A fume is an airborne dispersion consisting of small solid particles created by condensation from the gaseous state, in distinction to a gas or vapor. Fumes arise from the heating of solids such as lead. The condensation is often accompanied by a chemical reaction, such as oxidation. Fumes flocculate and sometimes coalesce.</div></b><div style="visibility:hidden"></div></b>-
Ammonia; Chemical Conversion; Fertilizer; Mining; Nitrate Compounds3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories
<div style="visibility:hidden">19273 19-273 273 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Compound and Compound Categories Ammonia; Chemical Conversion (Activity Threshold); Fertilizer; Mining (Mines); Nitrate Compounds (Nitrates) 273. A mining facility applies a commercial fertilizer that contains dry ammonium nitrate to the land as part of a mine reclamation project. Is the facility required to count the ammonium nitrate toward the manufacturing threshold for the ammonia listing and nitrate compounds listing when it rains on the fertilizer?No. Ammonium nitrate is only converted to reportable chemicals when in solution (40 CFR Section 372.65) and in this case the solutions are not created until after the chemical has been released into the environment. Therefore, the facility would not have to report for this activity since facilities are not required to report on conversions that take place in the environment.</div></b><div style="visibility:hidden"></div></b>-
Import; Manufacture; Releases; Waste3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19301 19-301 301 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Import (Imported); Manufacture (Manufactured; Manufacturing; Produce; Produced); Releases (Released); Waste 301. If a federal facility’s supply system imports an EPCRA section 313 chemical in excess of a threshold amount, is the facility required to report for releases and other waste management of that chemical under section 313?Yes. Under the authority of EPCRA section 313, EPA defines “manufacture” to mean produce, prepare, compound, or import (40 CFR 372.3). If a federal facility causes more than 25,000 pounds of an EPCRA section 313 chemical to be imported, it has exceeded the “manufacture” threshold and must make release and other waste management calculations for that EPCRA section 313 chemical. A facility would “cause” an EPCRA section 313 chemical to be imported by specifically requesting a product (containing the EPCRA section 313 chemical) from a foreign source or requesting a product known to be only available from a foreign source.</div></b><div style="visibility:hidden"></div></b>Y
De minimis Exemption; Mixture; Threshold Determination; Xylene3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Miscellaneous
<div style="visibility:hidden">19419 19-419 419 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Miscellaneous De minimis Exemption; Mixture (Mixtures); Threshold Determination (Activity Threshold); Xylene 419. Xylene mixed isomers are present in two of a facility’s refined products. For EPCRA section 313 reporting, may the isomers be reported separately? For a mixture of the isomers, how are thresholds and de minimis to be determined? Reported separately, the facility exceeds thresholds but is below de minimis concentrations.All of the xylene isomers are individually listed under EPCRA section 313. In addition, there is a listing for xylene (mixed isomers) that covers any combination of xylene isomers. When the threshold and de minimis concentration for each isomer in the mixture are exceeded independently, the facility may report under the individual isomer listings or under the mixed isomers listing. When the threshold and/or de minimis for each isomer in the mixture are not exceeded independently, but are exceeded collectively, the facility should report under the CAS number for xylene (mixed isomers). Therefore, if a covered facility otherwise uses a mixture containing 8,000 pounds of ortho-xylene, 4,000 pounds of meta-xylene, and 2,000 pounds of para-xylene, the facility would report as xylene (mixed isomers) because it exceeded the 10,000-pound otherwise use threshold for xylenes (mixed isomers).</div></b><div style="visibility:hidden"></div></b>-
Toxic Chemical List3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Miscellaneous
<div style="visibility:hidden">19422 19-422 422 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Miscellaneous Toxic Chemical List 422. On June 10, 2011, the National Toxicology Program (NTP) released its 12th Report on Carcinogens (RoC), which outlines chemicals that may pose a hazard to human health by virtue of their carcinogenity. Has EPA added any of the new chemicals from the 12th RoC to the EPCRA §313 TRI toxic chemical list?On November 7, 2013, EPA published a final rule adding ortho-nitrotoluene to the list of EPCRA §313 chemicals (78 FR 66848). After reviewing the 12th RoC, EPA concluded that ortho-nitrotoluene meets the EPCRA section 313(d)(2)(B) statutory listing criteria because it is “reasonably anticipated to be a human carcinogen.” This final rule is effective November 29, 2013, and will apply for the 2014 reporting year (reports due July 1, 2015). Additional information regarding the final rule, including the Federal Register notice, is available at the following URL: https://www.epa.gov/toxics-release-inventory-tri-program/addition-ortho-nitrotoluene-0.</div></b><div style="visibility:hidden"></div></b>-
Communities; Compound; PACs; PBT Chemicals; Toxic Chemical List3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Miscellaneous
<div style="visibility:hidden">19424 19-424 424 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Miscellaneous Communities (Community); Compound (Compounds); PACs; PBT Chemicals; Toxic Chemical List 424. In 2005, the National Toxicology Program (NTP) released its 11th Report on Carcinogens (RoC), which outlines chemicals that may pose a hazard to human health by virtue of their carcinogenity. Has EPA added any of the chemicals from the RoC to the EPCRA §313 TRI toxic chemical list?On November 26, 2010, EPA expanded the TRI toxic chemical list by adding 16 chemicals classified as “reasonably anticipated to be a human carcinogen” by the National Toxicology Programs (NTP) Report on Carcinogens (75 FR 72727). After reviewing the NTPs report, EPA believes that these 16 chemicals meet the EPCRA §313(d)(2)(B) statutory listing criteria because they can reasonably be anticipated to cause cancer in humans. Twelve of the chemicals were listed individually, while the remaining four were added to the polycyclic aromatic compounds (PACs) category. The PACs category is a category of special concern because PACs are persistent, bioaccumulative, toxic (PBT) chemicals, and as such, they are likely to remain in the environment for a very long time, are not readily destroyed, and may build up or accumulate in the body. This rulemaking to expand the TRI toxic chemical list is a part of EPAs ongoing efforts to provide communities with more complete information on chemicals. The revised toxic chemical list is effective starting with reports due July 1, 2012, for Reporting Year 2011.</div></b><div style="visibility:hidden"></div></b>-
Chemical Name; Trade Name3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19493 19-493 493 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Chemical Name; Trade Name 493. Can common or trade names other than those listed in the regulations be used for submissions?No. EPA has provided a list of standard chemical names and Chemical Abstract Service Registry numbers (CAS numbers) for all chemicals that must be reported. The regulations require the use of these standard names. Many Form Rs submitted previously could not be processed because unlisted CAS numbers or names were used.</div></b><div style="visibility:hidden"></div></b>-
Chemical Category; Delimited Category; PACs; Release Reporting; Threshold Determination3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Miscellaneous
<div style="visibility:hidden">19494 19-494 494 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Miscellaneous Chemical Category (Compound Category); Delimited Category; PACs; Release Reporting; Threshold Determination (Activity Threshold) 494. The EPCRA section 313 toxic chemical list contains delimited chemical categories. A delimited category includes a finite number of chemicals specifically designated by EPA to be included as part of that category. Are threshold determinations and release and other waste management calculations for these three delimited chemical categories different than threshold determinations and release and other waste management calculations for other EPCRA section 313 listed chemical categories?Threshold determinations are made in the same manner for both delimited and nondelimited categories. If a covered facility manufactures, processes, or otherwise uses more than one member of a listed chemical category, the total volume of all the members of the category must be counted towards the applicable activity threshold (40 CFR Section 372.27(d)). If an activity threshold is exceeded, the owner or operator of the facility is required to report under EPCRA section 313. The report must cover all non-exempt activities at the facility involving members of the category. For reporting on delimited categories, only the members that are specifically listed as part of the category are subject to EPCRA section 313 reporting. When reporting other nondelimited chemical categories, any unique chemical substance that contains the named category compound as part of that chemical’s structure, or any compound meeting the specified molecular formula, is subject to threshold determinations. In 1999, (64 FR 58666, October 29, 1999), EPA classified the PACs category as a PBT chemical category and lowered the reporting threshold to 100 pounds. In addition, EPA added two members to this category: benzo(j,k)fluorine (fluoranthene) and 3-methylcholanthrene. EPA has developed guidance to facilitate accurate reporting for PACs entitled Guidance for Reporting Toxic Chemicals: Polycyclic Aromatic Compounds Category, accessible from GuideME at: https://ofmpub.epa.gov/apex/guideme_ext/f?p=guideme:gd-list. The guidance contains a list of Chemical Abstract Service (CAS) numbers for the individual chemicals within the PACs category and a CAS number list of some mixtures that might contain chemicals within the PACs category. The dioxin and dioxin-like compounds category was also classified as a PBT chemical category and a reporting threshold of 0.1 gram was established. EPA has also developed guidance to facilitate accurate reporting for dioxin and dioxin-like compounds; Guidance for Reporting Toxic Chemicals with the Dioxin and Dioxin-like Compounds Category is available on GuideME at: https://ofmpub.epa.gov/apex/guideme_ext/f?p=guideme:gd-list.</div></b><div style="visibility:hidden"></div></b>-
Compound; Dioxin and Dioxin-like Compounds; Lead; PACs; PBT Chemicals; Pesticides3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Miscellaneous
<div style="visibility:hidden">19495 19-495 495 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Miscellaneous Compound (Compounds); Dioxin and Dioxin-like Compounds (Dioxin); Lead (Lead Compounds); PACs; PBT Chemicals; Pesticides 495. What should I know about persistent bioaccumulative toxic (PBT) chemicals?Starting in 2000, EPA established more stringent reporting thresholds for persistent bioaccumulative toxic (PBT) chemicals originally on, or added to, the TRI chemical list. PBT chemicals are of particular concern not only because they are toxic, but also because they remain in the environment for long periods of time, are not readily destroyed, and build up or accumulate in body tissue. The TRI PBT chemicals include dioxin and dioxin-like compounds, lead and lead compounds, mercury and mercury compounds, polycyclic aromatic compounds (PACs), polychlorinated biphenyls (PCBs), hexabromocyclododecane (HBCD), and certain pesticides, among other chemicals. For more detailed information about PBT chemicals under the TRI program, visit https://www.epa.gov/toxics-release-inventory-tri-program/persistent-bioaccumulative-toxic-pbt-chemicals-rules-under-tri.</div></b><div style="visibility:hidden"></div></b>-
Chemical Deletion; New Chemicals; States; Toxic Chemical List; Tribes3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Miscellaneous
<div style="visibility:hidden">19496 19-496 496 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Miscellaneous Chemical Deletion (Deleted Chemicals); New Chemicals; States (Tribes); Toxic Chemical List; Tribes 496. Who has been granted authority to add or delete chemicals from the TRI toxic chemical list under EPCRA section 313?Pursuant to EPCRA section 313(d), only EPA has the statutory authority to add or delete chemicals from the TRI toxic chemicals list. However, EPCRA section 313(e)(2) allows states and tribes to petition EPA to add or delete chemicals. If EPA receives a petition from a state or tribe that requests the addition of a particular chemical, EPA would have 180 days to respond with either the initiation of a rulemaking to add the chemical to the list or an explanation of why the petition does not meet the requirements to add a chemical to the list. If EPA does not respond within 180 days of receipt of a state or tribe’s petition to add a chemical, the chemical would be added to the list pursuant to EPCRA section 313(e)(2). Within 180 days of receipt of a state or tribe’s petition to delete a chemical, EPA would either initiate a rulemaking to delete the chemical or explain why EPA denied the petition; however, unlike the analogous process for petitions to add a chemical, the chemical would not be deleted within 180 days if EPA failed to respond to the petition. In addition, pursuant to EPCRA section 313(e)(1), any person may petition EPA to add or delete a chemical from the list of TRI toxic chemicals. If EPA receives a petition by a private citizen to add a chemical and EPA fails to respond within 180 days, the chemical would not necessarily be added. This result distinguishes citizen petitions to add a chemical from petitions to add a chemical by a state or tribe.</div></b><div style="visibility:hidden"></div></b>-
Chemical Conversion; Threshold Determination3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19497 19-497 497 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Chemical Conversion (Activity Threshold); Threshold Determination (Activity Threshold) 497. Some toxic chemicals released into the environment react to form other toxic chemicals, for example, phosphorus (a listed toxic chemical) oxidizes in air to form phosphorus pentoxide (not a listed toxic chemical). Which should be reported, the transformed toxic chemical or the source toxic chemical? How would the report(s) be prepared if both the source and resulting toxic chemical are listed?Report releases of the listed toxic chemical. The facility is not responsible for reporting a toxic chemical resulting from a conversion in the environment (e.g., outside of a facility air stack).</div></b><div style="visibility:hidden"></div></b>-
Acids; Neutralization; Release Reporting; pH3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Acids
<div style="visibility:hidden">19498 19-498 498 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Acids Acids (Acid Aerosol); Neutralization; Release Reporting; pH 498. A strong mineral acid solution is neutralized (i.e., the pH of the solution is adjusted to pH 6 or greater) before release to surface waters. How do we report this release on the Form R?For purposes of EPCRA section 313 reporting, a discharge of pH 6 or above contains no reportable amount of mineral acid. The facility owner/operator should report zero, not NA, in Part II, Section 5.3 of the Form R.</div></b><div style="visibility:hidden"></div></b>-
Acid Aerosol; Hydrochloric Acid; Sulfuric Acid; Treatment for Destruction3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Acids
<div style="visibility:hidden">19499 19-499 499 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Acids Acid Aerosol; Hydrochloric Acid; Sulfuric Acid; Treatment for Destruction (Incineration) 499. A waste stream containing aerosol forms of hydrochloric and sulfuric acid goes up a stack. Before exiting the stack, the waste stream passes through a scrubber where the acid aerosols are captured in an aqueous solution. How is this to be reported under Section 313?When a scrubber is used to remove sulfuric or hydrochloric acid aerosols prior to or in a stack, the acid aerosols are usually converted to the non-aerosol form. The non-aerosol forms of sulfuric and hydrochloric acid are not reportable under EPCRA section 313 because the qualifier to the sulfuric acid and hydrochloric acid listing includes only acid aerosol forms. Sulfuric and hydrochloric acid as discrete chemicals have not actually been destroyed by the scrubber, but the form of these acids reportable under EPCRA section 313 has been destroyed. Therefore, since sulfuric or hydrochloric acid aerosols removed by scrubbers are converted to non-reportable forms, the quantity removed by the scrubber can be reported as having been treated for destruction. However, all of the sulfuric acid or hydrochloric acid aerosols that are produced prior to or after the scrubber count towards that manufacturing threshold, and any acid aerosols that are not removed by the scrubber and continue out of the stack must be reported as a release to air.</div></b><div style="visibility:hidden"></div></b>-
Acid Aerosol; Acids; Sulfuric Acid3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Acids
<div style="visibility:hidden">19500 19-500 500 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Acids Acid Aerosol; Acids (Acid Aerosol); Sulfuric Acid 500. A covered facility subject to EPCRA section 313 generates aerosol sulfuric acid in excess of 25,000 pounds in a calendar year. The aerosol sulfuric acid passes through a scrubber that removes and condenses the aerosol sulfuric acid. The resulting liquid sulfuric acid then undergoes chemical conversion in an on-site treatment unit. How must the owner or operator account for these activities in Part II, Sections 7 and 8 of the Form R?When a scrubber is used to remove sulfuric acid aerosols prior to entering or in a stack, the acid aerosols are usually converted to the non-aerosol form. The non-aerosol forms of sulfuric acid are not reportable under EPCRA section 313 because the qualifier to the sulfuric acid listing includes only acid aerosol forms (40 CFR Section 372.65). Sulfuric acid is not actually being destroyed by the scrubber, but the form of sulfuric acid that is reportable under EPCRA section 313 is being destroyed. Therefore, since sulfuric acid aerosols removed by scrubbers are converted to a non-reportable form, the quantity removed by the scrubber can be reported as having been treated for destruction under Part II, Section 7 and should be included in Section 8.6, (Quantity Treated On-Site). Since the condensed sulfuric acid (i.e., the liquid sulfuric acid) is a non-aerosol form, it is not reportable under EPCRA section 313 and no reporting of other waste management activities for these non-aerosol forms is required.</div></b><div style="visibility:hidden"></div></b>-
Acid Aerosol; Acids; Reuse3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Acids
<div style="visibility:hidden">19501 19-501 501 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Acids Acid Aerosol; Acids (Acid Aerosol); Reuse 501. How are sulfuric and hydrochloric acid aerosols that are generated over and over again in acid reuse systems to be reported under Section 313?When solutions of sulfuric acid and hydrochloric acid are aerosolized the manufacture of a listed chemical (sulfuric acid or hydrochloric acid aerosols) has occurred. This is a result of the qualifier to the sulfuric acid and hydrochloric acid listings, which excludes non-aerosol forms and limits the reporting to aerosol forms only. The addition of the acid aerosol qualifier has an impact on certain processes that, prior to the addition of the qualifier, would not have been considered as the manufacturing of a listed chemical. Acid reuse systems that use aqueous solutions of sulfuric acid or hydrochloric acid to generate acid aerosols, use the acid aerosols, condense them back into solution, and then reuse the acid solution again and again are impacted by the addition of the acid aerosol qualifiers. In such processes, the continuous reuse of the acid solutions generates very large quantities of acid aerosols that technically should be counted towards the manufacture (the generation of the acid aerosol is the manufacture of sulfuric or hydrochloric acid (acid aerosol)) and otherwise use thresholds. This may result in many facilities greatly exceeding the manufacture and otherwise use reporting thresholds that, prior to the addition of the qualifier, would not have exceeded thresholds. While it is technically correct to apply all of the quantities of acid aerosols generated in such systems towards the manufacture and otherwise use reporting thresholds, EPA did not intend to increase the reporting burden as a result of the addition of the acid aerosol qualifiers. In addition, under EPA’s general approach to reuse systems, a listed toxic chemical is not counted toward thresholds each time it is reused but only once per reporting period. This approach would apply to sulfuric acid or hydrochloric acid reuse systems were it not for the aerosol qualifiers. Therefore, EPA is providing the following guidance to reduce the reporting burden for covered facilities that operate such processes and to bring the treatment of such systems into alignment with EPA’s general approach to reuse. Rather than having covered facilities count all quantities of acid aerosol generated in such systems towards the manufacture and otherwise use thresholds, EPA will allow facilities to apply the total volume of acid in these systems only once to these thresholds. For example, if an acid reuse system starts the year with 2,000 pounds of acid and 500 pounds is added during the year then the total amount applied towards acid aerosol thresholds would be 2,500 pounds. This reflects a one-time per year counting of all of the acid molecules as being in the acid aerosol form rather than counting them over and over again each time the acid aerosol form is generated and subsequently used. Since in these acid reuse systems the acid aerosols are manufactured and then otherwise used the 10,000-pound otherwise use threshold would be the threshold that triggers reporting from such systems. This guidance applies only to acid reuse systems and the reporting of sulfuric acid and hydrochloric acid aerosols under EPCRA section 313. This guidance does not apply to any other types of processes or to any other listed chemical.</div></b><div style="visibility:hidden"></div></b>-
Activity Threshold; Reuse3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Acids
<div style="visibility:hidden">19502 19-502 502 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Acids Activity Threshold (Threshold Determination); Reuse 502. In 1999, a covered facility’s sulfuric acid reuse system starts the year with 4,000 pounds of sulfuric acid, and the facility adds 8,000 pounds to the system. How should the facility make threshold determinations for sulfuric acid (acid aerosol)?The method for estimating amounts of sulfuric acid (acid aerosol) and hydrochloric acid (acid aerosol) for threshold purposes is unique as compared to other listed toxic chemicals. In the above question, the facility should apply 12,000 pounds towards the manufacturing and otherwise use thresholds. To determine the amount manufactured in an acid reuse system, the facility should calculate the total volume of acid in the system. The total volume of acid is the sum of the reporting year's starting amount and the amount added during the reporting year. Because all the sulfuric acid aerosol manufactured is subsequently otherwise used, the 12,000 pounds are also applied to the otherwise use threshold of 10,000 pounds. Therefore, the facility exceeds the otherwise use threshold and must file a Form R or Form A. Facilities are also directed to refer to the Guidance for Reporting Sulfuric Acid (EPA-745-R-97-007; November 1997).</div></b><div style="visibility:hidden"></div></b>-
Acid Aerosol; Acids; Sulfuric Acid3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Acids
<div style="visibility:hidden">19503 19-503 503 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Acids Acid Aerosol; Acids (Acid Aerosol); Sulfuric Acid 503. Would a sulfuric acid drip system that is in contact with an ore leach pile (described as analogous to a gardener's drip hose) be manufacturing sulfuric acid in an aerosol form?No, the sulfuric acid does not become airborne; so it is not an aerosol form of sulfuric acid and, therefore, not a reportable toxic chemical under EPCRA section 313 (40 CFR Section 372.65).</div></b><div style="visibility:hidden"></div></b>-
Sulfuric Acid3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Acids
<div style="visibility:hidden">19504 19-504 504 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Acids Sulfuric Acid 504. A covered facility uses fuming sulfuric acid. This particular chemical is not listed as reportable under Section 313 of EPCRA, but it is chemically similar to sulfuric acid, which is reportable. Should the facility report if it meets threshold amounts and is a covered facility?Fuming sulfuric acid, more commonly known as oleum, is a mixture of sulfuric acid and sulfur trioxide. The facility must report on the acid aerosol forms of the sulfuric acid portion of the mixture in accordance with Section 372.30(b) if this portion exceeds the applicable threshold. The facility should also note that sulfur trioxide reacts rapidly with water to form sulfuric acid. Any sulfuric acid aerosol formed from sulfuric trioxide at the facility must be counted toward the manufacturing threshold. </div></b><div style="visibility:hidden"></div></b>-
Chemical Conversion; Coincidental Manufacturing; Combustion Byproducts; Hydrochloric Acid; Sulfuric Acid; Threshold Determination3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Acids
<div style="visibility:hidden">19505 19-505 505 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Acids Chemical Conversion (Activity Threshold); Coincidental Manufacturing (Byproduct; Coincidental Manufacture); Combustion Byproducts; Hydrochloric Acid; Sulfuric Acid; Threshold Determination (Activity Threshold) 505. A utility boiler, located at a covered facility, burns residual oil. As a result of the burning operation, the facility emits sulfur dioxide (SO2), sulfur trioxide (SO3), and particulate sulfates through a point source. Once emitted, the sulfur trioxide readily reacts with water vapor (both in air and in flue gases) to form a sulfuric acid mist. For purposes of EPCRA section 313, must the facility report on the generation of sulfuric acid?The sulfuric acid formed in the chemical reaction of sulfur trioxide and water that often occurs in the air after releasing sulfur trioxide is not included in threshold determinations. The facility owner/operator is not responsible for tracking or reporting on the formation of a listed toxic chemical once a chemical is released from a facility. However, if the reaction of sulfur trioxide and water takes place prior to being emitted (e.g., in the stack), the facility would be required to factor the quantity of sulfuric acid mist generated towards the manufacturing threshold. If the threshold is exceeded, the facility owner/operator must report all releases and other waste management estimates of sulfuric acid aerosols from the facility.</div></b><div style="visibility:hidden"></div></b>-
Coincidental Manufacturing; Hydrochloric Acid3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Acids
<div style="visibility:hidden">19506 19-506 506 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Acids Coincidental Manufacturing (Byproduct; Coincidental Manufacture); Hydrochloric Acid 506. Must a facility report itself as a manufacturer of hydrochloric acid aerosols, if the hydrochloric acid aerosol is formed in the stack?Yes, assuming thresholds are exceeded, the facility must report for hydrochloric acid aerosol. It is irrelevant where at the facility the acid aerosol forms. </div></b><div style="visibility:hidden"></div></b>-
Coincidental Manufacturing; Combustion Byproducts; Hydrochloric Acid; Metal Compounds3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Acids
<div style="visibility:hidden">19507 19-507 507 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Acids Coincidental Manufacturing (Byproduct; Coincidental Manufacture); Combustion Byproducts; Hydrochloric Acid; Metal Compounds 507. A covered facility has a coal-fired boiler. The combustion of the coal generates aerosol forms of hydrochloric acid as a byproduct. Should the aerosol forms of the HCl emissions be reported under EPCRA section 313?Yes. In the combustion of coal, the facility will be coincidentally manufacturing aerosol forms of hydrochloric acid, as well as hydrofluoric acid and sulfuric acid. The combustion of coal will also result in the coincidental manufacture of new metal compounds. The facility must submit a Form R if it manufactures more than a threshold amount of any of these listed toxic chemicals.</div></b><div style="visibility:hidden"></div></b>-
Acid Aerosol; Chemical Qualifier; Coincidental Manufacturing; Hydrochloric Acid3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.B. Toxic Chemical-Specific Questions-Acids
<div style="visibility:hidden">19508 19-508 508 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.B. Toxic Chemical-Specific Questions-Acids Acid Aerosol; Chemical Qualifier; Coincidental Manufacturing (Byproduct; Coincidental Manufacture); Hydrochloric Acid 508. Hydrochloric acid, also known as hydrogen chloride (CAS number 7647-01-0), is a toxic chemical under EPCRA section 313. Hydrochloric acid can exist in both aqueous solution and in a gaseous, anhydrous form. On July 25, 1996, EPA modified the listing of hydrochloric acid to include only acid aerosols including mists, vapors, gas, fog and other airborne forms of any particle size (61 FR 38600). Does the modified listing of hydrochloric acid refer to both the aqueous and the anhydrous forms of this chemical?Yes. The CAS number 7647-01-0 identifies both aqueous and anhydrous forms of hydrochloric acid. The listing modification also applies to both aqueous and anhydrous forms of hydrochloric acid.</div></b><div style="visibility:hidden"></div></b>-
  • 1 - 50 of 131