Questions and Answers

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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>-
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>-
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
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 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>-
Fuel; Releases; Waste; Waste Management Activities3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19586 19-586 586 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Fuel; Releases (Released); Waste; Waste Management Activities 586. Do federal facilities have to account for releases and other waste management activities of EPCRA section 313 chemicals contained in fuel that is under active shipping papers?No. Except for the emergency notification requirements of section 304, EPCRA does not apply to the transportation of EPCRA section 313 chemicals. This includes EPCRA section 313 chemicals stored incident to transportation (EPCRA section 327). </div></b><div style="visibility:hidden"></div></b>Y
Disposal; Lead; Recycling; Releases3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19588 19-588 588 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Disposal (Dispose); Lead (Lead Compounds); Recycling (Recycle); Releases (Released) 588. DOE sites have firing ranges for their security personnel. The bullets used by the security personnel are made out of lead. During firing, they release trace amounts of lead, and often disintegrate upon impact with the target. How would lead released from the use of bullets in a firing range be reported on the Form R?Releases from the firing of the bullets would be reported as fugitive releases to air – Part II, Section 5.1 of Form R. Lead in unrecovered bullets would be reported as releases to land: other disposal -- Part II, Section 5.5.4 of Form R. Lead in bullets that are recovered and sent off-site for disposal or recycling would be reported in the appropriate sections of the Form R. According to the EPA document, Compilation of Air Emissions Factors (AP.42), approximately 1.2 pounds of lead is released as fugitive air emissions for every 2,000 pounds of lead bullets fired. (See Chapter 11, Section 3: Explosives Detonation).</div></b><div style="visibility:hidden"></div></b>Y
Best Available Information; Facility; Releases; Waste3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19618 19-618 618 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Best Available Information; Facility; Releases (Released); Waste 618. Because you are required to report the amount of a listed EPCRA section 313 chemical in storm water, how do you know if the chemical is associated with current releases from that year's production or is from legacy waste?There is no definite way to determine if a chemical in storm water is associated with that year's production or is from legacy wastes. A facility should use its best available information, based on available monitoring data and knowledge of conditions at the facility, to estimate the amount of a listed EPCRA section 313 chemical in storm water resulting from that year's production. In the absence of documentation, listed EPCRA section 313 chemicals found in storm water should be reported as current releases. </div></b><div style="visibility:hidden"></div></b>Y
Activity Index3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19715 19-715 715 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Activity Index (Production Ratio; Activity Ratio) 715. A reportable chemical is used to clean machinery once a month, every month. Activity involving this chemical would not appear to change from year to year if this is the only activity for which the chemical is used. Is it possible to have an activity ratio of 1?Yes. It is possible that the activity ratio for a chemical equal 1 if the frequency of the activity for which it is used does not change. The activity index is the measure of an operation at a facility, a production index is the measure of the plant’s actual productivity in relation to chemical usage. </div></b><div style="visibility:hidden"></div></b>Y
Facility; Form A; Form R; States; Tribes3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19758 19-758 758 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Facility; Form A; Form R; States (Tribes); Tribes 758. Are there any fees associated with submitting the Form R?Under EPCRA section 313 and its implementing federal regulations, there are no federal fees or taxes for submitting a Form R or Form A to EPA or the state. However, states and tribes may have similar reporting programs or other state/tribe requirements that associate fees or taxes with the submission of TRI forms. A directory of state and tribe TRI program contacts is available at: https://www.epa.gov/toxics-release-inventory-tri-program/forms/tri-program-contacts. </div></b><div style="visibility:hidden"></div></b>-
Facility; Form A; Form R; Reporting Requirements3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19784 19-784 784 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Facility; Form A; Form R; Reporting Requirements 784. Section 4.6 of Part I of the TRI Form R and Form A asks for the facility’s Dun & Bradstreet number. What is a Dun & Bradstreet number? How can someone completing the Form R or Form A find the Dun & Bradstreet number for the facility?A Dun & Bradstreet number, commonly referred to as a DUNS number, is a nine-digit, location-specific, business code assigned by Dun & Bradstreet. The DUNS number is a unique number that financially identifies individual businesses, while linking them with their corporate family structures. The Dun & Bradstreet number may be available from the facility’s treasurer or financial officer. Facilities can also contact Dun & Bradstreet directly at 800-234-3867 or https://www.dnb.com to obtain a facility’s number, or to create a new number if the facility does not currently have a number. Please note for Reporting Years 1991-2004, Section 4.6 of Part I requested a facility’s latitude and longitude. During this time, the DUNS number was located in Section 4.7 of Part I of the Forms.</div></b><div style="visibility:hidden"></div></b>-
Maximum Amount On-Site; Threshold Determination3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19786 19-786 786 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Maximum Amount On-Site; Threshold Determination (Activity Threshold) 786. If a quantity of an EPCRA section 313 chemical meets the criteria for a reporting exemption, should it be included on the Form R report Part II, section 4.1: Maximum Amount of the Toxic Chemical On-Site at Any Time During The Calendar Year?No. If a federal facility uses an EPCRA section 313 chemical in a manner that meets the criteria for a reporting exemption, that amount of the EPCRA section 313 chemical is exempt from threshold determinations and release and other waste management calculations. If a Form R report is required because of other, non-exempt uses, exempted quantities should not be included in calculations for Part II, section 4.1. </div></b><div style="visibility:hidden"></div></b>Y
Communities; Disposal; Releases; States; Tribes; Waste; Waste Management Activities3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19884 19-884 884 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Communities (Community); Disposal (Dispose); Releases (Released); States (Tribes); Tribes; Waste; Waste Management Activities 884. What are the benefits of TRI data?TRI provides the public with unprecedented access to information about toxic chemical releases and other waste management activities on a local, state, regional, and national level. TRI data help the public, government officials, and industry in the following ways: - to identify potential concerns and gain a better understanding of potential risks; - to identify priorities and opportunities to work with industry and government to reduce toxic chemical disposal or other releases and potential risks associated with them; and - to establish reduction targets and measure progress toward those targets. TRI data are widely used across EPA programs. For example, the National Partnership for Environmental Priorities, an element of the Resource Conservation Challenge (RCC), uses TRI data to identify facilities that may present pollution prevention opportunities. EPA also uses TRI data in the Risk Screening Environmental Indicator (RSEI) tool, which provides users with additional understanding of chronic human health issues and potential exposures associated with TRI chemicals. Other EPA programs and tools that utilize TRI data may be searched by visiting EPA's Web site at https://www.epa.gov or from EPA's publication, “How are the Toxics Release Inventory Data Used?” at: https://www.epa.gov/toxics-release-inventory-tri-program/how-are-toxics-release-inventory-data-used.</div></b><div style="visibility:hidden"></div></b>-
Disposal; Releases; Waste3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19885 19-885 885 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Disposal (Dispose); Releases (Released); Waste 885. What are the limitations of the TRI data?Users of TRI data should be aware that TRI data reflect disposal or other releases and other waste management of chemicals, not whether (or to what degree) the public has been exposed to them. Both the toxicity of a chemical and exposure considerations should be taken into account when using the data. - TRI chemicals vary widely in toxicity and in their capacity to produce toxic effects. Some high-volume releases of less toxic chemicals may appear to be more serious than lower-volume releases of highly toxic chemicals, when just the opposite may be true. - The potential for exposure may be greater the longer the chemical remains unchanged in the environment. Sunlight, heat, or microorganisms may or may not decompose the chemical. Smaller releases of a persistent, highly toxic chemical may create a more serious problem than larger releases of a chemical that is rapidly converted to a less toxic form. For more detailed information on this subject refer to "Factors to Consider When Using TRI Data".</div></b><div style="visibility:hidden"></div></b>-
Data Quality3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19886 19-886 886 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Data Quality 886. How does EPA ensure that TRI data are accurate?The Toxics Release Inventory (TRI) Program conducts a number of activities every year to ensure the high quality of TRI data reported to EPA. These activities include providing extensive reporting guidance, intelligent reporting software, and training to facilities prior to the reporting deadline, as well as conducting data validation checks and analyses after the data are received. For more information on the TRI Program's Data Quality Program, go to https://www.epa.gov/toxics-release-inventory-tri-program/tri-data-quality.</div></b><div style="visibility:hidden"></div></b>-
Communities3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19887 19-887 887 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Communities (Community) 887. What is TRI Explorer?The TRI Explorer is a database tool that provides access to the Toxics Release Inventory (TRI) to help communities identify facilities and chemical releases or other waste management activities that warrant further study and analysis. Combined with hazard and exposure information, the TRI Explorer can be a valuable tool for identifying potential chemical hazards in communities.</div></b><div style="visibility:hidden"></div></b>-
Communities3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19888 19-888 888 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Communities (Community) 888. What is Envirofacts?Envirofacts provides an easy point of Internet access to select U.S. EPA environmental data. This Web site provides access to several EPA databases that contain information about environmental activities that may affect air, water, and land anywhere in the United States. With Envirofacts, users can learn more about these environmental activities in their area or generate maps of environmental information. Information in Envirofacts is accessible in a variety of ways from the TRI homepage. We suggest that users unfamiliar with Envirofacts begin with Quick Start. This feature allows the user to retrieve a sampling of information pertaining to an area by entering a specific zip code, city and state, or county and state. If users want more in-depth information about a particular subject area, they may select from a list of available topics, which includes waste, water, toxics, air, radiation, land, other, and by facility. Experienced users, however, may be interested in the Advanced Capabilities option. This option allows users to go directly to the Queries, Maps, or Reports feature that interests them.</div></b><div style="visibility:hidden"></div></b>-
Communities3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19889 19-889 889 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Communities (Community) 889. Why would I use TRI Explorer and/or Envirofacts?TRI Explorer allows users to create custom data searches of TRI data. These searches can then be exported to a Microsoft Excel spreadsheet. Users can find TRI data for their zip code, county, and state. National-level data are also easily queried through TRI Explorer. With Envirofacts, users can determine which facilities in designated areas have reported releases of TRI chemicals, including air emissions, surface water discharges, releases to land, underground injections, and transfers to off-site locations. Envirofacts allows the user to query and view all fields for each TRI Form R submitted by a facility.</div></b><div style="visibility:hidden"></div></b>-
Facility; Form A3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19890 19-890 890 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Facility; Form A 890. What has the TRI program done to reduce the TRI reporting burden?Over the years, EPA has been mindful of the reporting burden that the TRI Program imposes on covered facilities and has sought to reduce that burden through modifications to the reporting forms. In 1994, EPA introduced an alternate reporting form, "Form A," to streamline reporting for smaller releases. In July 2005, a rule was finalized that revised the TRI reporting forms by eliminating unnecessary information, simplifying reporting codes, and no longer requiring facilities to submit locational data, which are already available from EPA's Facility Registry System (FRS). EPA also released TRI-MEweb, a web-based version of the TRI-ME reporting software. EPA will continue to examine ways to reduce the TRI reporting burden while maintaining the TRI Program's commitment to providing information on toxic chemical releases to the public.</div></b><div style="visibility:hidden"></div></b>-
International3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19891 19-891 891 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions International 891. Have programs similar to TRI been developed internationally?EPA's Toxics Release Inventory (TRI) is one of several similar programs established, or being established, by countries around the world. The term used internationally for these TRI-like systems is Pollutant Release and Transfer Register (PRTR). The United States works with other countries and international organizations to facilitate PRTR development. More information on pollutant transfer registries outside the United States can be found at: https://www.epa.gov/toxics-release-inventory-tri-program/tri-around-world.</div></b><div style="visibility:hidden"></div></b>-
Communities3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19892 19-892 892 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Communities (Community) 892. What TRI guidance documents are available to the public?EPA provides extensive industry-specific, chemical-specific, and general TRI guidance for the public and the regulated community. A list of available TRI guidance documents can be found at: https://ofmpub.epa.gov/apex/guideme_ext/f?p=guideme:gd-list.</div></b><div style="visibility:hidden"></div></b>-
Recordkeeping3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19893 19-893 893 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Recordkeeping 893. What is TRI.NET?TRI.NET was EPA's desktop application that allowed users to create complex queries based on specific variables derived from the TRI National Analysis. TRI.NET was developed for analysts who require a highly interactive environment in order to refine queries and analyses. To build queries, users could select variables found in hierarchical folders that cover general variable counts, releases, waste transfers, waste quantities and hazard categories (a generated toxicity rating multiplied by chemical weight in pounds). After the user selected general variables, the application also allowed users to filter out variables, leaving only the most pertinent data points. TRI.NET utilized interactive features such as maps, My TRI Neighborhood, Drill Down, Advanced Trends, EPA Reports, and Data Layering; these features allowed users to further focus their interests. Raw data sets from the TRI National Analysis must be downloaded separately from the TRI.NET application; this can be done individually for each year or for a grouping of years. Each year that EPA releases a new data, the dataset will be available for download. TRI data and tools are available at https://www.epa.gov/toxics-release-inventory-tri-program/tri-data-and-tools.</div></b><div style="visibility:hidden"></div></b>-
Data Quality; Facility; Reporting Requirements3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19894 19-894 894 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Data Quality; Facility; Reporting Requirements 894. What hotlines are available to answer questions via telephone regarding different aspects of TRI reporting?There are three main hotlines that can assist callers via phone with questions about different aspects of the TRI reporting requirements. The Superfund, TRI, EPCRA, RMP & Oil Information Center can assist callers in understanding the TRI regulations, guidance, and reporting requirements, as well as properly completing forms with TRI-MEweb. The Central Data Exchange (CDX) Help Desk can assist TRI-MEweb Preparers and Certifiers with CDX technical issues, such as registration for or access to CDX accounts, CDX user IDs, and passwords; the status of reports submitted via TRI-MEweb; access to CDX data flows; step-by-step instructions for TRI-MEweb submission and receipt; and, TRI-MEweb technical problems (e.g., Data Quality Alerts (DQAs), Notices of Significant Errors (NOSEs), and critical errors). The TRI Data Processing Center (DPC) can answer questions about the processing and status of Electronic Signature Agreements (ESAs); verify EPAs receipt of facility reports; and, answer questions about Electronic Facility Data Profiles (e-FDPs). Please note that all calls received by the TRI DPC will automatically go to a voice-mail system. Phone calls will be returned within 24 hours. If you need immediate assistance, please call the CDX Hotline. Contact information for these hotlines is available at the following URL: https://www.epa.gov/toxics-release-inventory-tri-program/forms/tri-program-contacts.</div></b><div style="visibility:hidden"></div></b>-
Communities; States; Tribes3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19895 19-895 895 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Communities (Community); States (Tribes); Tribes 895. What is ChemicalRight2Know.org?Through a cooperative agreement with EPA, the Environmental Council of the States (ECOS) developed ChemicalRight2Know.org as a collaborative forum for users of TRI and other environmental data to vet their analyses, share success stories and best practices, and collaborate on solving community chemical-related problems. Users can create accounts on the Web site to participate in blogs and may submit TRI-related documents, web links, articles, mash ups, and events to be posted. The site provides TRI data in action, highlighting real world stories of people using TRI data at local levels. Additionally, research and analysis are posted from academia and other sources, giving users an overview of how TRI data can be used. The ChemicalRight2Know.org forum is available at the following URL:http://www.chemicalright2know.org/. </div></b><div style="visibility:hidden"></div></b>-
Recordkeeping3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19896 19-896 896 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Recordkeeping 896. What is the Toxics Release Inventory-Chemical Hazard Information Profiles (TRI-CHIP)?TRI-CHIP is a searchable database system that contains hazard information on EPCRA section 313 chemicals. This downloadable application allows users to create customized searches across a single chemical, a set of specific chemicals, or a TRI chemical category of interest. TRI-CHIP pulls hazard information from TRI Federal Register notices, the Integrated Risk Information System (IRIS), EPA's Office of Pesticide Programs registration documents, the Agency for Toxic Substances and Disease Registry (ATSDR), California EPA's Office of Environmental Health Hazard Assessment, the National Toxicology Program's Report on Carcinogens, and the International Agency for Research on Cancer. This database application is designed in Microsoft Access and provides users with advanced queries for isolating data based on certain adverse health effects and/or quantitative toxicity values. Through these queries, users can isolate chemicals with specific toxicity criteria such as the lowest observed adverse effect levels, print customized toxicity profile reports, and access Web sites to locate additional toxicity information. Users are also able to export chemicals of interest into TRI.NET, where industrial release and geographic location information on the chemicals is available. For additional information on TRI-CHIP or to download the application, visit the following URL: https://www.epa.gov/toxics-release-inventory-tri-program/tri-chemical-hazard-information-profiles.</div></b><div style="visibility:hidden"></div></b>-
Facility; Releases3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19897 19-897 897 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Facility; Releases (Released) 897. What is myRight-to-know or myRTK?The myRight-to-Know tool is an EPA Web application designed for mobile devices. The application takes existing EPA information and packages it in a format and with a level of detail that is appropriate for mobile devices and mobile users. The myRTK tool can map any location or address, showing nearby facilities that report to TRI, as well as large permit holders under the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act that are expected to produce, manage, or release TRI-reportable chemicals. The application compares individual facility releases to releases by other facilities in the county, as well as to other facilities in the same industrial sector. In addition to helping mobile users locate and identify nearby facilities, the tool describes what chemicals are released into the air, water, and land; the health effects associated with these chemicals; and the facility’s history of compliance with environmental laws. The current version of the application works well on i-Phone, Droids 2.0 and higher, Firefox and Chrome browsers. A new multi-platform version, currently under development, will work on newer Blackberry phones, most other web enabled phones and the Internet Explorer browser.Additional information about this mobile application is available at the following URL:https://www.epa.gov/toxics-release-inventory-tri-program/my-right-know-application.</div></b><div style="visibility:hidden"></div></b>-
Disposal; Releases; Waste3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19898 19-898 898 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Disposal (Dispose); Releases (Released); Waste 898. Does EPA provide any reports or documents that provide an analysis of TRI reporting data?The TRI National Analysis is an annual report that displays EPAs analysis of the most recent TRI data. On the National Analysis Web site, there are documents and Web pages that outline national and local trends in toxic chemical disposal or other releases to the environment. For example, the RY13 National Analysis contains information for Reporting Year 2013 (RY13). The RY13 National Analysis showed that 21,598 facilities reported 4.14 billion pounds of toxic chemicals disposed of or otherwise released into the environment, up 15% from RY12 to RY13. The long-term trend, however, showed that disposal or other releases of TRI chemicals had generally decreased, down 7% from RY03 to RY13. The RY13 National Analysis also: -Presented trends in toxic chemicals managed and the types of pollution prevention activities that facilities have implemented; -Reported trends in releases of toxic chemicals, including a focus on selected chemicals of concern; -Highlighted toxic chemical waste trends for four industry sectors; -Provided analyses of TRI chemicals by state, city, county, zip code, metropolitan area or micropolitan area, and by Large Aquatic Ecosystems (LAEs) such as the Chesapeake Bay, as well as information about facilities in Indian Country; and -Combined TRI data with other EPA data, such as greenhouse gas emissions, to provide a more complete picture of national trends in chemical use, management and releases. Additional information about the TRI National Analysis, including access to specific analyses and datasets, is available at the following URL: https://www.epa.gov/trinationalanalysis. The TRI National Analysis is also published in Spanish every year and is available on the National Analysis website.</div></b><div style="visibility:hidden"></div></b>-
Communities; Facility3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19899 19-899 899 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Communities (Community); Facility 899. If a citizen is concerned about emissions from a facility in their neighborhood, what is the best way for them to determine if that facility has ever filed a TRI report?There are many ways to access TRI data, but one of the easiest ways to search for a facility reporting to TRI in a particular neighborhood is the Envirofacts website. Envirofacts provides access to several EPA databases that contain information about environmental activities that may affect air, water, and land in the United States. Within Envirofacts, the TRI Search allows users to search for facilities by geographical location, either by city and state or by zip code. The results display any facility that has reported from 1987 to present, even though the facility may or may not have submitted TRI data in the most recent reporting year. The last year of data displayed represents the last year TRI data was reported. The TRI Search on the Envirofacts website is available at the following URL: https://www.epa.gov/enviro/tri-search. Additional information about access to analysis of TRI data is available at the following URL: https://www.epa.gov/toxics-release-inventory-tri-program/tri-data-and-tools.</div></b><div style="visibility:hidden"></div></b>-
Contractors: Employee Threshold; Threshold Determination; Waste3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19945 19-945 945 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Contractors: Employee Threshold; Threshold Determination (Activity Threshold); Waste 945. Many DOE facilities conduct activities that are fully or co-funded by others, such as universities and other federal agencies. Does DOE include those activities when making threshold determinations, and if appropriate, release and other waste management calculations from those activities?Yes. The source of funding for DOE activities is irrelevant in determining if a facility should report under EPCRA section 313. If DOE or its contractors are conducting activities that involve the use of EPCRA section 313 chemicals, then those activities must be included in threshold determinations, regardless of who funds the activities. </div></b><div style="visibility:hidden"></div></b>Y
Facility; Manufacture; NAICS; Otherwise Use3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19946 19-946 946 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Facility; Manufacture (Manufactured; Manufacturing; Produce; Produced); NAICS (Industry Code); Otherwise Use 946. In addition to manufacturing activities operated by DOE personnel, a cleaning operation has been established at a DOE facility to clean uniforms. The industrial cleaning operations are operated by a contractor. Is DOE responsible for reporting on the use of EPCRA section 313 chemicals for the cleaning activities as well as manufacturing?Yes. Even though the contractor is performing functions under a separate NAICS Code, DOE is responsible for reporting on all of the covered activities involving EPCRA section 313 chemicals at the facility (40 CFR Section 372.30(a)). In this case, the contractor's operations are in support of the DOE facility's operations and thus process-related. The EPCRA section 313 chemicals used at cleaning operation would be applied toward the DOE facility's otherwise use threshold. The contractor, however, would not be subject to EPCRA section 313 because these operations are not in a covered NAICS code.</div></b><div style="visibility:hidden"></div></b>Y
Process; Solvents; Threshold Determination3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19947 19-947 947 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Process (Processing; Processed; Processes); Solvents; Threshold Determination (Activity Threshold) 947. A waste treatment unit presently is under construction at a DOE facility where no other activities have been conducted during the reporting year. EPCRA section 313 chemicals are present in the construction materials used to fabricate the structure (e.g., steel) and used to aid in the construction (e.g., cleaning solvents). Is the use of EPCRA section 313 chemicals during construction activities exempt from reporting under EPCRA section 313?Because the NAICS code restriction under EPCRA section 313 has been waived under Executive Order 13148, federal facilities are required to consider all activities, including construction, when making threshold determinations under EPCRA section 313. EPCRA section 313 chemicals that are contained in materials used to fabricate process-related equipment, for instance, should be considered toward the facility's threshold determinations and release and other waste management calculations. EPCRA section 313 chemicals that are contained in materials used to fabricate non-process related structures (e.g., steel, paints, cement) and which are used to construct the site, however, are exempt as structural components and do not need to be included in threshold determinations or release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>Y
Facility; Otherwise Use3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19948 19-948 948 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Facility; Otherwise Use 948. Are EPCRA section 313 chemicals used (e.g., for x-ray development) at base hospitals covered by EPCRA section 313?Yes. Maintaining the health of personnel is critical to the operations of a federal facility with a base hospital. The use of these chemicals is process-related and would be counted toward the facility's otherwise use threshold.</div></b><div style="visibility:hidden"></div></b>Y
Manufacture; Process; Storage; Threshold Determination3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19949 19-949 949 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Manufacture (Manufactured; Manufacturing; Produce; Produced); Process (Processing; Processed; Processes); Storage; Threshold Determination (Activity Threshold) 949. A U.S. Army facility receives old ammunition from off-site for the purpose of making new ammunition. Is the old ammunition considered “processed” since it is used for manufacturing new ammunition? What if this new ammunition is placed into storage and is not sent to another facility for years?The use of EPCRA section 313 chemicals to manufacture ammunition is a reportable activity, regardless of the source of those chemicals. The quantity of EPCRA section 313 chemical should be counted toward the Army facility's processing threshold. Process is defined as “the preparation of a toxic chemical, after its manufacture, for distribution in commerce” (40 CFR Section 372.3). EPA interprets the activity of processing to be reportable when the EPCRA section 313 chemicals are initially prepared. The facility, therefore would count the amount of EPCRA section 313 chemical toward the facility's processing threshold determinations and release and other waste management calculations during the year that the ammunition was made.</div></b><div style="visibility:hidden"></div></b>Y
Process3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19950 19-950 950 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions Process (Processing; Processed; Processes) 950. A BLM facility prepares fire retardants to fight fires, including fires on state and private lands. The fire retardant, which contains an EPCRA section 313 chemical, is loaded onto airplanes at an airport located at the BLM facility. The airplanes travel to the state and private lands, where they drop the fire retardant on fires. Does the BLM facility need to consider this chemical toward a reporting threshold?The BLM facility should count the amount of EPCRA section 313 chemical in the fire retardant toward its processing threshold. Processing means the preparation of an EPCRA section 313 chemical, after its manufacture, for distribution in commerce (40 CFR Section 372.3). “Distribution in commerce” includes any distributive activity in which benefit is gained by the transferor, even if there is no direct monetary gain. The BLM facility also must consider any releases and other waste management of the EPCRA section 313 chemical prior to the transfer.</div></b><div style="visibility:hidden"></div></b>Y
EO 13148; Releases; Reporting Requirements3. Determining Whether or Not to Report: Listed Toxic Chemicals >
3.A. General Questions
<div style="visibility:hidden">19951 19-951 951 2019 Questions and Answers Consolidation3. Determining Whether or Not to Report: Listed Toxic Chemicals 3.A. General Questions EO 13148; Releases (Released); Reporting Requirements 951. Can federal facilities claim the exemptions allowed under 40 CFR 372.38?While EO 13148 allows federal agency facilities to claim the same exemptions, stating in Section 3-304 that “all other existing statutory or regulatory limitations or exemptions on the application of EPCRA section 313 shall apply to the reporting requirements set forth in section 3-304(a) of this order,” taking these exemptions often is counter to the basic tenet of the Order. This is especially the case when the exempted activities at federal facilities result in substantial releases and other waste management activities of EPCRA section 313 chemicals. A primary goal of EO 13148, is that federal facilities shall be leaders and responsible members of their communities by informing the public and their workers of possible sources of pollution resulting from facility operations.</div></b><div style="visibility:hidden"></div></b>Y
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