Toxics Release Inventory Reporting Requirements z Advanced
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Toxics Release Inventory Reporting Requirements z Advanced Concepts: Do I Need to Report to TRI and How Do I Report REPORTING YEAR / 2021 Emergency Planning & Community RIGHT-TO-KNOW Act (EPCRA) Section 313
TRI Training Module Agendas v Basic Concepts Module 1. 2. 3. 4. 5. 6. 7. 8. Covered Sectors Listed Chemicals and Activity Thresholds Reporting Exemptions Threshold Determination Overview of Form R Form R Calculation Examples Alternate Threshold Rule (Form A) TRI-MEweb Introduction v Advanced Concepts Module 1. Recent TRI Program Changes 2. Advanced Reporting Guidance 3. Detailed Guidance for Chemicals of Special Concern 4. Tools and Assistance 5. TRI-MEweb TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 2
TRI Reporting Requirements TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 3
TRI Process: 2 Step Process TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 4
SECTION I: RECENT TRI PROGRAM CHANGES
TRI Program Changes for RY 2021 Key program changes and changes to TRI reporting Form R are listed in the front of the Reporting Forms & Instructions, as well as in TRIMEweb, and on EPA’s TRI website. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 6
TRI Program Changes for RY 2021 Updated de minimis levels are in effect for cobalt compounds, 1,2-phenylenediamine (95-54-5), and 1,2-phenylenediamine dihydrochloride (615-28-1). 1,2-phenylenediamine and 1,2-phenylenediamine dihydrochloride are now classified as Occupational Safety and Health Administration (OSHA) carcinogens due to an assessment by the International Agency for Research on Cancer (de minimis level changed from 1.0% to 0.1%). The de minimis levels for cobalt compounds are also changing. Due to a change in the National Toxicology Program’s classification of cobalt, the de minimis levels have been changed to 0.1% for cobalt compounds that release cobalt ions in vivo and 1.0% for all other cobalt compounds TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 7
Chemical List Changes Section 7321 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA) adds certain per- and polyfluoroalkyl substances (PFAS) to the TRI list of reportable chemicals. Additional PFAS may be added to the TRI list for future reporting years due to the automatic addition of PFAS to the TRI list mandated by NDAA Section 7321(c) that occur under certain circumstances: EPA finalizing a toxicity value for a PFAS; issuing certain Significant New Use Rules (SNURs) under TSCA for a PFAS, or adding a PFAS to certain existing SNURs; adding a PFAS as an active chemical on the TSCA Inventory. PFAS are individually listed and subject to manufacturing, processing, and otherwise use reporting thresholds of 100 pounds. https://www.epa.gov/toxics-release-inventory-tri-program/addition-cer tain-pfas-tri-national-defense-authorization-act TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 8
Chemical List Changes For RY 2021, four PFAS have been added to the TRI list of reportable chemicals per the requirements of the NDAA. These are: Silver(I) perfluorooctanoate (CASRN 335-93-3) Perfluorooctyl iodide (CASRN 507-63-1) Potassium perfluorooctanoate (CASRN 2395-00-8) 2-Propenoic acid, 2-methyl-, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12heneicosafluorododecyl ester, polymer with 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heptadecafluorodecyl 2methyl-2-propenoate, methyl 2-methyl-2-propenoate, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,14pentacosafluorotetradecyl 2-methyl-2-propenoate and 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl 2-methyl-2-propenoate (CASRN 65104-45-2) TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 9
Chemical List Changes For RY 2022, four additional PFAS will be added. These are: Perfluorobutane sulfonic acid (CASRN 375-73-5) Potassium perfluorobutane sulfonate (CASRN 29420-49-3) 2-Propenoic acid, 2-methyl-, hexadecyl ester, polymers with 2-hydroxyethyl methacrylate, .gamma.-.omega.-perfluoroC10-6-alkyl acrylate and stearyl methacrylate (CASRN 203743-03-7) Perfluorobutanesulfonate (CASRN 45187-15-3) TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 10
Source Reduction Activity Reporting Effective for RY 2021, the source reduction activity codes have been condensed to improve clarity, better reflect industrial activity, and reduce reporting burden. The revised set consists of 24 source reduction activity codes (S codes) corresponding to five source reduction categories. From this set of 24 codes, 10 have been designated as green chemistry/green engineering codes. These codes and related examples are provided in the P2 Reporting Guide: https://ordspub.epa.gov/ords/guideme ext/f?p guideme:gd-titl e:::::title:p2 reporting guide TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 11
Discretionary Authority Under the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313(b)(2), the EPA Administrator has the discretionary authority to extend TRI reporting requirements to specific facilities. The Administrator may determine the application of this authority is warranted on the basis of a chemical’s toxicity, the facility’s proximity to other facilities that release the chemical or to population centers, any history of chemical releases at the facility, or other factors the Administrator deems appropriate. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 12
Application of TRI Reporting Requirements to Certain Contract Sterilization Facilities In December 2021, EPA issued a determination extending TRI reporting requirements to 29 facilities for ethylene oxide (EtO) and, for 16 of those facilities, ethylene glycol. These facilities will begin reporting to TRI for the 2022 reporting year; reports will be due by July 1, 2023. More information is available on EPA’s Discretionary Authority to Extend TRI Reporting Requirements to Certain EtO Facilities webpage: https://www.epa.gov/toxics-release-inventory-tri-program/epas -discretionary-authority-extend-tri-reporting-requirements TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 13
Default Percentages for Section 6.1 Transfers Default POTW distribution percentages for the following chemicals and chemical categories have been updated: 1-Bromopropane (106-94-5) Hexabromocyclododecane (TRI chemical category N270) Nonylphenol ethoxylates (TRI chemical category N535) TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 14
Addition of Natural Gas Processing Facilities to TRI In November 2021, EPA finalized a rule to add natural gas processing facilities to the scope of the industrial sectors covered by TRI. These facilities will begin reporting to TRI for the 2022 reporting year. https://www.epa.gov/chemicals-under-tsca/epa-requires-natur al-gas-processing-facilities-report-toxics-release-inventory TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 15
SECTION II: ADVANCED REPORTING GUIDANCE
Chemicals with 25,000/10,000-pound Reporting Thresholds A TRI-covered facility must submit a TRI Report for a Section 313 Chemical with 25,000/10,000-pound reporting threshold if: CHEMICALS WITH 25,000/10,000-POUND REPORTING THRESHOLDS Manufactured (including imported) more than 25,000 pounds of the chemical in the reporting year Processed OR more than 25,000 pounds of the chemical in the reporting year Otherwise Used OR more than 10,000 pounds of the chemical in the reporting year Most of the 800 chemicals and chemical categories on the Section 313 list are chemicals with 25,000/10,000-pound reporting thresholds. Some chemicals have qualifiers (see the Reporting Forms and Instructions, Table II). Guidance documents for many chemicals are available at: https://ofmpub.epa.gov/apex/guideme ext/f?p guideme:gd-list#chemical. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 17
PFAS Activity Thresholds A TRI-covered facility must file a TRI Report for PFAS Section 313 chemical if: PFAS THRESHOLDS Manufactured (including imported) more than 100 pounds of the chemical in the reporting year Processed OR more than 100 pounds of the chemical in the reporting year Otherwise Used OR more than 100 pounds of the chemical in the reporting year 176 Section 313 chemicals are PFAS TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 18
Chemicals of Special Concern and Activity Thresholds Chemicals of Special Concern are subject to separate, lower activity thresholds (See 40 CFR § 372.28). 100 lb/yr (manufactured, processed, or otherwise used): 10 lb/yr (manufactured, processed, or otherwise used): Aldrin Chlordane Hexabromocyclododecane Lead* Heptachlor Mercury Lead compounds Pendimethalin Toxaphene Isodrin Polycyclic aromatic compounds (PACs) Polychlorinated biphenyls Benzo[g,h,i]perylene Tetrabromobisphenol A Trifluralin Hexachlorobenzene Mercury compounds Methoxychlor Octachlorostyrene 0.1 g/yr (manufactured, processed, or otherwise used): Dioxin and dioxin-like compounds Pentachlorobenzene *Excluding lead in stainless steel, brass, or bronze alloys TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 19
Threshold Guidance The following activities are not considered “manufacturing,” “processing,” or “otherwise use”: Remediation Chemicals being remediated are not manufactured, processed, or otherwise used. Chemicals used to remediate waste ARE counted as otherwise used. Chemicals manufactured when treating or remediating waste ARE counted toward manufacturing threshold Recycling on-site for use on-site Transferring chemicals off-site for further waste management (except off-site transfers for recycling) Chemicals sent off-site for recycling are counted as processed. Treatment of wastes generated on-site Wastes brought in from off-site for treatment or other management count towards the otherwise use threshold. Storage These activities do not constitute threshold activities, but are not exempt from reporting if threshold is exceeded through other activities unless specifically eligible for one of the reporting exemptions. Chemicals coincidentally manufactured during waste treatment or remediation must be considered. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 20
Threshold Guidance: Combustion Section 313 chemicals may be coincidentally manufactured during combustion of: Oil Coal Natural gas Waste Other materials Includes acid aerosols and metal compounds manufactured as by-products of fuel combustion Any Section 313 chemicals in fuels combusted for energy are considered otherwise used. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 21
Exemptions TRI regulations provide exemptions for specific scenarios. These exemptions allow for a facility to not consider quantities of toxic chemicals for certain threshold determinations and waste management calculations. To learn more about TRI exemptions, please visit: https://ofmpub.epa.gov/apex/guideme ext/ f?p guideme:gd-list#exemption Exemption List Articles De Minimis Coal Extraction Intake Air and Water Laboratory Activities Janitorial or Facility Grounds Maintenance Metal Mining Overburden Motor Vehicle Maintenance Operators of Establishments on Leased Property Owners of Leased Property Personal Use Structural Component of the Facility TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 22
Exemption Guidance Reminder: Even where your activity is covered by an “otherwise use” exemption such as motor vehicle maintenance, if Section 313 chemical are manufactured as by-products, coincidentally as impurities, or otherwise manufactured, they must be considered toward the manufacturing threshold. Section 313 chemicals in fuels added to motor vehicles as part of the facility’s service or product do not qualify for the motor vehicle maintenance exemption. Laboratory activities exemption only applies to certain activities that take place in a laboratory, and they must be under the direct supervision of a technically qualified individual. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 23
Metals and Metal Compound Category Elemental metals (metals in their neutral state) and their corresponding metal compound categories are listed separately under Section 313. Separate activity threshold determinations. Report for each listing (e.g., nickel or nickel compound) only if the threshold for each listing is exceeded. For metal compounds calculations: Use full compound mass for threshold determination. Use only parent metal mass for release and waste quantities. If threshold exceeded for both the elemental metal and metal category compound (e.g., nickel and nickel compounds), you may report separately or file one combined report. If combined, file as metal and metal category compound. The reason both the elemental metal and its compound may be reported on the same form is that while the entire weight of the compound is used to determine the threshold, only the amounts of the parent metal are reported. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 24
Cyanide Compounds and Hydrogen Cyanide Cyanide compounds have the form X CN- where X any other group (except H ) where a formal dissociation can be made. For example, KCN or Ca(CN)2 Includes metal (cyanometalates, such as ferricyanides) and non-metal (such as ammonium cyanide) dissociative cyanide complexes For threshold determinations, use weight of the entire compound For release and other waste management reporting, report weight of entire compound Hydrogen cyanide (74-90-8) An individually listed toxic chemical The Corrections to TRI Reporting Requirements rule clarified that hydrogen cyanide is not part of the cyanide compounds category. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 25
Metal Cyanide Compound Guidance A metal cyanide compound, such as cadmium cyanide, requires separate reporting under both the corresponding metal category compound and cyanide compounds*. For reporting the metal category compounds, such as cadmium compounds: For threshold determinations, use entire weight of compound. For release and other waste management reporting, report only the weight of metal portion of the compound. For cyanide compounds For threshold determinations, use weight of entire compound. For release and other waste management reporting, report weight of entire compound. * Category description for cyanide compounds states: X CN- where X any group (except H ) where a formal dissociation can be made. For example, KCN or Ca(CN)2 TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 26
Nitrate Compounds Category v Qualifier: “Water dissociable; reportable only when in aqueous solution” For threshold determinations, use weight of entire nitrate compound. Calculate only weight of nitrate ion portion when reporting releases and other waste management quantities on Form R. v Common nitrate compounds sources Nitrate compounds are produced most commonly when nitric acid is neutralized or in biological treatment of wastewater. Nitrate compound releases to surface water may result from stormwater run off. Exemption may apply for nitrates in intake water (used for processing or non-contact cooling). TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 27
Quiz #1: Question 1 A facility processes 200,000 lb of a mixture containing 10% zinc chromate and 15% chromium dioxide by weight. For which of the following chemical categories was the processing threshold exceeded? A. Chromium compounds only B. Zinc compounds only C. Neither D. Both TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 28
Quiz #1: Question 2 A facility neutralizes 20,000 lb of nitric acid (HNO3) with sodium hydroxide (NaOH) in an onsite wastewater treatment system. The neutralization is 100% complete and generates sodium nitrate (NaNO3), which is discharged to a nearby water body. The molecular weight (MW) of HNO3 63 and the MW of NaNO3 85. One mole of HNO3 generates one mole of NaNO3. Does the facility exceed the manufacturing threshold for nitrate compounds? Select Yes or No TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 29
Quiz #1: Question 3 A facility neutralizes 20,000 lb of nitric acid (HNO3) with sodium hydroxide (NaOH) in an on-site wastewater treatment system. The neutralization is 100% complete and generates sodium nitrate (NaNO3), which is discharged to a nearby water body. The molecular weight (MW) of HNO3 63 and the MW of NaNO3 85. One mole of HNO3 generates one mole of NaNO3. The MW of the nitrate ion NO3 62. In this example, should the facility report release of 27,000 lb of nitrate compounds into a stream or water body (Section 5.3 on Form R)? Select Yes or No TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 30
Ammonia Guidance v Ammonia Aqueous ammonia - threshold determination and release and other waste management quantity calculations for aqueous ammonia from any source (i.e., anhydrous ammonia placed in water or water dissociable ammonium salts) is based on 10% of the total ammonia present in aqueous solutions. Anhydrous ammonia - include 100% for thresholds and releases Including air releases from aqueous ammonia Amounts from aqueous sources and anhydrous sources get added together for threshold determinations and ammonia reports. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 31
Ammonia Calculation Examples In a calendar year, a facility places 25,000 pounds of anhydrous ammonia in water for processing and processes 25,000 pounds of aqueous ammonia from an ammonium salt. The facility must include all of the 25,000 pounds of anhydrous ammonia in the determination of the processing threshold, but only 10 percent (or 2,500 pounds) of the aqueous ammonia from the ammonium salt in the processing threshold determination. In a calendar year, a facility uses 30,000 pounds of anhydrous ammonia to neutralize acids in a wastewater stream. The neutralized waste stream (containing aqueous ammonia from dissociated ammonium salts) is then transferred to a POTW. The quantity to be applied toward threshold determinations is the total quantity of anhydrous ammonia used in the waste stream neutralization, or 30,000 pounds. The quantity of ammonia reported as transferred is 10 percent of the total quantity of aqueous ammonia transferred, or 3,000 pounds. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 32
Acid Aerosols Hydrochloric and sulfuric acids have a chemical qualifier .They are reportable only if in the aerosol form. These aerosols are common combustion products of coal and other fuels combustion (includes mists, vapors, gas, fog, and other airborne forms of any particle size). Threshold determination for closed-loop reuse systems that generate acid aerosol: Acid aerosols are manufactured and otherwise used . Applicable for sulfuric and hydrochloric acid only. Total Amount of Acid in Reuse System Total Virgin Acid Added in RY Amount Acid Aerosols Manufactured/ Otherwise Used Closed-loop Acid Reuse System * See EPA’s Guidance for Reporting Sulfuric Acid and Guidance for Reporting Hydrochloric Acid for specific calculations TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 33
Chemical Migration Guidance Migration of a Section 313 chemical contained in waste disposed or released from one environmental medium to another within the reporting year: For example, volatilization from a landfill Release estimates must be calculated and reported for all media in Part II, Sections 5, 6, and 8 of Form R. Year 1 Year 1 2,000 lb to surface impoundment 1,000 lb to air (Form R: 1,000 lb in Section 5.5.3B) (Form R: 1,000 lb in Section 5.1) TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 34
Chemical Migration Guidance Migration of a Section 313 chemical contained in waste disposed or released from one environmental medium to another within the reporting year: For example, volatilization from a landfill Release estimates must be calculated and reported for all media in Part II, Sections 5, 6, and 8 of Form R. Year 1 Year 2 2,000 lb to surface impoundment 500 lb leachate in year 2 (Form R, Section 5.5.3B) Not reported on Year 2 Form R TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 35
EPA Compliance Incentives The Agency implements policies that reduce or waive penalties under certain conditions for facilities that discover, disclose, correct, and prevent future violations. Current Compliance Incentive Policies, Guidance, and Audit Protocols can be found by visiting: https://www.epa.gov/compliance/audit-protocols Vv TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 36
EPA Self-Disclosure Audit Policy Conditions to qualify (nine criteria): 1v Systematic Discovery of the Violation Through Environmental Audit or the Implementation of a Compliance Management System 5v Correction and Remediation 6v Prevent Recurrence 2v Voluntary Discovery 7v No Repeat Violations 3v Prompt Disclosure 8v Other Violations Excluded 4v Discovery and Disclosure Independent of Government or Third Party Plaintiff 9v Cooperation For more information, including a copy of the Audit Policy visit: Vv https://www.epa.gov/compliance/epas-audit-policy TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 37
EPA Self-Disclosure Audit Policy EPA Compliance Incentive Policy available only to small businesses Small businesses employ 100 or fewer individuals across all facilities and operations. Small businesses that meet all four conditions of the policy may have 100% of the gravity-based penalty waived. However, EPA reserves the option to collect any significant economic benefit which may have been realized by the facility. Conditions to qualify (four criteria): 1v Good Compliance Record 3v Prompt Disclosure 2v Voluntary Discovery 4v Correction and Remediation For more information, including a copy of the Small Business Compliance Policy and a Q&A document, visit: Vv https://www.epa.gov/compliance/small-business-compliance TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 38
Revising TRI Data Revised TRI data that are not trade-secret must be submitted using TRI-MEweb through the Internet via EPA’s CDX. You may only revise back to RY 1991. If your state or tribe participates in the TRI Data Exchange (TDX) then submitting via CDX to EPA will also satisfy your obligation to report to the state or tribe in which your facility is located if the revision is for RY 2005 through the present reporting year. Otherwise, revisions must also be submitted in the state- or tribe-specified format. To determine if your state or tribe is in TDX go to: https://www.epa.gov/toxics-release-inventory-tri-program/tri-data-exchange v TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 39
Withdrawing TRI Data You must use TRI-MEweb to withdraw a TRI form (except for trade secrets). You may withdraw forms back to RY 1991. For more information regarding withdrawals, go to the following tutorial: https://www3.epa.gov/tri/tutorials/TRIT-33/ Please be aware if your state or tribe is a TRI Data Exchange (TDX) participant, submitting to EPA via CDX will also satisfy your state obligations for reporting years back to 2005. For states or tribes that are not TDX participants, withdrawals should also be submitted in the specified format for the state/tribe. v TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 40
Submitting Revisions and Withdrawals Form R submitted to replace previously filed Form A Certification Statement. You must withdraw the previously filed Form A Certification Statement and then submit a Form R. The Form R is considered to be a late submission if submitted after the reporting deadline. For a change in chemical reported (including a metal to a metal compound), you must withdraw the original submission and re-submit for the new chemical. This is not a revision. EPA may audit revisions or withdrawals at any time. Vv TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 41
EPCRA Section 313 Enforcement Owners and operators of covered facilities violating any statutory or regulatory requirement are subject to penalties of up to 40,779 per day per violation (periodically adjusted for inflation). Owners and operators of covered facilities subject to citizen suits could also be liable for attorney fees and litigation costs (EPCRA § 326(f)). Government’s penalty for Section 313 of EPCRA is determined by applying the statutory penalty factors as described in the Enforcement Response Policy (ERP) to each violation. For EPA’s EPCRA enforcement policies, see: https://www.epa.gov/sites/production/files/2017-03/docu ments/epcra313erpamendments2017.pdf TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 42
SECTION III: DETAILED GUIDANCE FOR CHEMICALS OF SPECIAL CONCERN
Chemicals of Special Concern Organic Compounds: Benzo[g,h,i]perylene, Dioxin and dioxin-like compounds category, Hexabromocyclododecane, Hexachlorobenzene, Octachlorostyrene, Pentachlorobenzene, Polycyclic aromatic compounds (PAC) category, Polychlorinated biphenyls, and Tetrabromobisphenol A Metals Mercury, Mercury compounds category, Lead, and Lead compounds category Chemicals of Special Concern are subject to separate, lower reporting thresholds and different reporting requirements than the other TRI chemicals. Facilities must use Form R (cannot use Form A) Quantities can be reported in decimal amounts. Cannot use range codes Cannot use the de minimis exemption Pesticides: Aldrin, Chlordane, Heptachlor, Isodrin, Methoxychlor, Pendimethalin, Toxaphene, Trifluralin TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 44
Dioxin and Dioxin-like Compounds Dioxin and dioxin-like compounds are reported in grams. The manufacture, process, or otherwise used activity thresholds are 0.1 gram. Dioxins formed as unwanted by-products when chlorinated materials are involved in combustion or other high-temperature processes, such as: Fossil fuel and wood combustion Waste incineration Metallurgical processes What it takes to exceed the 0.1 gram activity threshold? 64,462 tons of coal combusted in a utility boiler 8.31 million gallons of fuel oil combusted in a utility boiler v 1,230 tons of copper scrap fed to a secondary copper smelter TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 45
Dioxin and Dioxin-like Compounds Dioxin and dioxin-like compounds category is composed of 17 individually listed compounds. In addition to the total mass grams released for the entire chemical category, facilities that have the data are required to report the quantity of each of the 17 individual members, which must add up to the total mass for the category. Dioxin and Dioxin-like Compounds Toxicity Equivalency (TEQ) Each compound has an assigned Toxic Equivalency Factors (TEFs) that is multiplied with the compound mass to yield TEQ. TEQ for each of the compounds are summed to provide a category TEQ. TEQ values are made available to the public along with mass data. Emission factors, listed compounds, TEFs, and other guidance: https://ofmpub.epa.gov/apex/guideme ext/f?p guideme:gd-title:::::title:dioxin TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS v 46
Lead and Lead Compounds Raw materials processed by a variety of facilities may contain metallic lead or lead compounds: Metal ores Coal Wood Oil & Oil products: heating oils, gasolines Lead used in solder and other alloys is in the elemental NOT the compound form (i.e., this is lead, not a lead compound). Sending old paint containing lead off-site for disposal or treatment is not a threshold activity. Other sources of lead and lead compounds for Chemicals of Special Concern threshold: Lead solder, lead babbitt, castings/molds, contaminants of aluminum and other common base alloys, X-Ray film Cement, asphalt, graphite brushes, leaded glass Transfers of lead and lead compounds off-site for recycling Lead-acid batteries will typically meet the articles exemption. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS v Pb 47
Lead and Lead Compounds Under TRI, lead is classified as a Chemical of Special Concern except for lead contained in stainless steel, brass, and bronze alloys v Chemicals of Special Concern activity threshold for lead and lead compounds: v 100 pounds for lead (not contained in stainless steel, brass, or bronze) 100 pounds for lead compounds 25,000/10,000-Pound reporting thresholds apply to lead contained in stainless steel, brass, or bronze.* 25,000-pound thresholds for manufacturing or processing 10,000-pound threshold for otherwise use 0.1% de minimis limit applies to lead contained in stainless steel, brass, or bronze * If elemental lead is removed from the qualified alloy, such as vaporization during melting of an alloy, the 100 lb threshold applies. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 48
Lead Threshold Determination Flow Chart TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 49
Quiz #2: Question 1 A facility combusts 13,600,000 lb of coal to fire its boilers. The coal contains elemental lead (Pb) at 7.0 ppm by weight. In combusting the coal, the facility otherwise uses lead and coincidentally manufactures lead compounds. The facility has no other information about the chemical makeup of the lead compounds manufactured and assumes it is the lowest-weight oxide - PbO. Based on molecular weights (Pb 207, PbO 223), the facility knows that 223 lb of PbO is formed for every 207 lb Pb used. Which of the following thresholds have been exceeded for lead or lead compounds? A. Otherwise Use only C. Neither B. Manufacturing only D. Both TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 50
Quiz #2: Question 2 The facility in the previous question combusted 13,600,000 pounds of coal in the reporting year and has exceeded the reporting threshold for lead compounds. The facility has no monitoring data on their point source lead emissions from combusting the coal. They determined that their best available information for calculating their point source air emissions is the published emission factor for lead from controlled coal combustion from EPA’s AP-42* which is 4.2E-04 lb Pb/ton of coal combusted. What are the facility’s point source emissions of lead from coal combustion? A. 2.86 lb C. 95.2 lb B. Range Code ‘A’ D. Either 2.86 lb or Range Code ‘A’ TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 51
Polycyclic Aromatic Compounds (PACs) and Benzo[g,h,i]perylene Chemicals of Special Concern activity threshold PACs category threshold: 100 pounds Benzo[g,h,i]perylene threshold: 10 pounds Present in coal, fuel oil, other petroleum products, such as asphalt and roofing tars Asphaltic concrete (blacktop) typically contains 4 - 10% paving asphalt Some uses of paving asphalt (blacktop) are NOT EXEMPT Paved process areas and roads for process vehicles (e.g., on-site haul trucks) – NOT EXEMPT Employee parking lot and non-processes access roads – EXEMPT See also EPA’s PACs and Persistent Bioaccumulative Toxic (PBT) guidance https://ofmpub.epa.gov/apex/guideme ext/f?p guideme:gd-title:::::title:pacs https://ofmpub.epa.gov/apex/guideme ext/f?p guideme:gd-title:::::title:pbts TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 52
PACs (cont.) FUEL MATERIAL No. 6 Fuel Oil (Bunker TYPICAL CONCENTRATION QUANTITY NEEDED TO MEET THRESHOLD (GALLONS) 2,461 ppm 5,140 No. 2 Fuel Oil 10.0 ppm 1,410,000 Crude Oil depends on type of crude Gasoline 17 ppm C) Paving Asphalt 178 ppm 1,060,000 51,800 TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 53
Mercury and Mercury Compounds Chemicals of Special Concern activity threshold: 10 pounds for mercury 10 pounds for mercury compounds Combustion of fuels is expected to be a main source of mercury triggering a reporting threshold. Combustion involves the otherwise use of mercury compounds in fuel and the manufacture of elemental mercury. Amount of fuel required to exceed a threshold: No. 2 Fuel Oil: 1.41 x 109 gallons No. 6 Fuel Oil: 1.89 x 109 gallons Coal: 11,000 – 120,000 tons TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 54
Mercury and Mercury Compounds Present in some switches and lights Bulbs and switches may qualify as articles for which the articles exemption would apply IF less than 0.5 pound of Section 313 chemicals are released from all like items as a result of processing or use of the items during the year. Mercury may be present in measurement devices such as thermometers or manometers. The addition of mercury to these devices needs to be considered in threshold and release calculations. Present in Caustics/Acids (if produced in mercury cell process – not common) May be present in mined ores TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 55
Polychlorinated Biphenyls Chemicals of Special Concern activity threshold: 10 pounds Manufacturing: Polychlorinated biphenyls may be manufactured as a product of incomplete combustion (PIC) Otherwise use: On-site treating or disposing polychlorinated biphenylcontaminated waste received from off-site Combusting polychlorinated biphenyl-contaminated oil TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 56
Polychlorinated Biphenyls Activities NOT considered manufacturing, processing, or otherwise use: On-site disposal or treatment of polychlorinated biphenyls Exception: if polychlorinated biphenyls were received as wastes from off-site they are counted towards “otherwise use” threshold. Off-site shipment of polychlorinated biphenyls for disposal or treatment Transformers containing polychlorinated biphenyls may be considered articles and thus exempt from consideration towards reporting and release thresholds. Leaks may negate article exemption if 0.5 pounds of polychlorinated biphenyls are released in a reporting year. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 57
SECTION IV: TOOLS AND ASSITANCE
www.epa.gov/tri TRI website for reporting materials and guidance includes: Electronic versions, or links to electronic versions, of the statutes, regulations, executive orders, chemical-specific guidance documents, and industry-specific guidance documents TRI GuideME Browse frequently asked questions and answers. Browse guidance materials. Available at: https://epa.gov/tri/guideme TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 59
Reference Sources EPA Industry Guidance located at: https://ofmpub.epa.gov/apex/guideme ext/f?p guideme:gd-list AP-42: Compilation of Air Pollutant Emission Factors located at: https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors Technology Transfer Network located at: https://www.epa.gov/technical-air-pollution-resources AP-42 WATER9 program TANKS program Perry's Chemical Engineer's Handbook; CRC Handbook of Chemistry and Physics; Lange's Handbook of Chemistry TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 60
Pollution Prevention (P2) Information Visit the TRI Pollution Prevention web page www.epa.gov/tri/p2 P2 Reporting Guide https://ordspub.epa.gov/ords/guideme ext/f?p guideme:gd:::::gd:p2 reporting guide P2 Resources Search Tool: https://www.epa.gov/p2/p2-resources-search Contact Info: Helpline: https://www.epa.gov/p2/forms/contact-us-about-p ollution-prevention#helpline E-mail: [email protected] Phone: (202) 566-0799 TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 61
TRI Contact Information TRI Technical Support For technical questions related to TRI-MEweb and the Central Data Exchange (CDX), please contact the CDX Hotline at [email protected] or call toll-free at (888) 890-1995. TRI Information Center Provides a toll free number that facilities may call to obtain guidance on TRI reporting requirements and help on completing the TRI reporting forms The number is (800) 424-9346. Callers in the Washington, D.C. metropolitan area call (703) 348-5070. The TDD is (800) 553-7672. TRI Regional Coordinators https://www.epa.gov/toxics-release-inventory-tri-program/tri-re gional-coordinators TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 62
SECTION V: TRI-MEweb
TRI-MEweb and Submitting Via CDX Electronic filing via TRI-MEweb is required v No paper submissions are accepted (except for trade secrets), including revisions and withdrawals. TRI-MEweb supports new reporting, revisions & withdrawals for RY 1991 – current year. TRI-MEweb resources including tutorials are available to help users at: https://www.epa.gov/toxics-release-inventory-tri-program/electronic-submission-tri-reporting-forms Use hard-copy form only for trade secret reporting v Information about trade secret reporting at: https://ofmpub.epa.gov/apex/guideme ext/f?p guideme:rfi:::::rfi:apx a All TRI reports must be prepared and certified by July 1st following the calendar year’s activities (aka Reporting Year (RY)) July 1, 2022 deadline for RY 2021 (January 1 - December 31, 2021) activities TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 64
Accessing TRI-MEweb TRI-MEweb is accessed through EPA’s Central Data Exchange (CDX) CDX is accessed through: https://cdx.epa.gov. TRI-MEweb users must have a CDX account. Select TRI-MEweb user role: preparer or certifying official. Within TRI-MEweb, new users must gain access to their facility before preparing forms. Option 1: Enter facility’s access code. Option 2: Enter TRIFID and Technical Contact Name. Option 3: Begin a new facility profile if the facility has never reported to TRI For assistance with accessing your facility, contact the CDX helpdesk at [email protected] or call toll-free at (888) 890-1995 v TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 65
Starting a Form in TRI-MEweb To start a new chemical form from scratch (Part II Sections 1.1-1.2, 2.1) Select CAS number or category code and name of chemical or chemical category; or Select “Add generic chemicals”, if supplier claims trade secret. Indicate if Reporting Form R or From A (non-Chemicals of Special Concern only). TRI-MEweb preloads previous year’s reporting details using “Import Forms.” The XML uploader handles forms generated by third-party tools. v TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 66
Production-Related Waste Managed (Section 8.1-8.7) TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 67
Certifying Official Information All non-trade secret forms must be certified by an electronic signature from a senior management official. New certifying officials must submit an electronic signature agreement (ESA) and a facility certification agreement form before pending submissions can be certified. Returning certifying officials do not need to submit an ESA as long as they continue to represent the same facility year to year. TRI-MEweb now includes a built-in Certification module, accessible by users registered as certifying officials. New certifying officials will answer personalized security questions in addition to their CDX password for digital procedures. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 68
Signing and Certifying Forms New Certifying officials must complete the following two requirements Electronic signature agreement (ESA) Must be completed only once, not annually, applicable to all facility profiles Option 1: Real-time ESA approval – verify user’s identity electronically Option 2: Mail in signature form – minimum of 5 business days to process TRIFID Certification Agreement Form Must be completed after access to TRI-MEweb is granted by ESA approval Facility profiles are added to TRI-MEweb using access keys or prior year information Certifying officials must have a digitally signed TRIFID Certification Agreement for each facility profile before access to any pending submission (s) for certification is granted New certifying officials must submit an ESA and digitally sign a TRIFID certification agreement form before pending submissions can be reviewed and certified. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 69
State and Tribal Submission Requirements For most facilities, reporting via TRI-MEweb automatically satisfies EPA and state or tribal reporting requirements via data sharing through the TRI Data Exchange (TDX). For facilities in states or tribal lands not participating in TDX, TRI-MEweb will help prepare separate submissions to satisfy state or tribal reporting requirements. All States currently participate in TDX: https://www.epa.gov/toxics-release-inventory-tri-program/tri-data-exchange TDX does not support reporting for years prior to 2005. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 70
TRI-MEweb Tutorials TRI-MEweb has integrated online tutorials to assist users with common functions in the application. v Tutorials cover areas such as Overview Registration Accessing Your Facility Nominating a Certifying Official Section 8 Calculator The tutorials can be viewed at: https://www.epa.gov/toxics-release-inventory -tri-program/tri-meweb-mini-tutorials Submitting Data Certifying Data Getting Help TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 71
eReceipts Facilities can obtain a copy of their electronic receipt (formerly known as the electronic Facility Data Profile report (eFDP)) using TRI-MEweb under the Submission History tab. Review your eReceipt immediately after certifying TRI forms in CDX to verify that EPA processed your data correctly. The eReceipt provides an opportunity to review data submitted to EPA. It allows EPA to highlight errors and possible issues with your submission. If you have problems accessing your eReceipt, contact: E-mail: [email protected] TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 72
TRI-MEweb Demo If you are viewing an Online Training Module, please visit www.epa.gov/tri to view the TRI-MEweb tutorials. TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 73
END OF MODULE
Quiz Answers 75 75
Quiz #1: Question 1 A facility processes 200,000 pounds of a mixture containing 10% zinc chromate (ZnCrO 4) and 15% chromium dioxide (CrO2) by weight For which of the following chemical categories was the processing threshold exceeded? A. Chromium compounds only C. Neither A. Chromium compounds only C. Neither B. Zinc compounds only D. Both B. Zinc compounds only D. Both Answer: A is correct Total chromium compounds processed: (10% 15%) (200,000 lb) 50,000 lb Total zinc compounds processed: (10%) (200,000 lb) 20,000 lb The processing threshold (25,000 lb) was exceeded for chromium compounds, but not zinc compounds. Both are chemicals with 25,000/10,000-pound reporting thresholds TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 76
Quiz #1: Question 2 A facility neutralizes 20,000 lb of nitric acid (HNO 3) with sodium hydroxide (NaOH) in an on-site wastewater treatment system. The neutralization is 100% complete and generates sodium nitrate (NaNO 3), which is discharged to a nearby water body. The molecular weight (MW) of HNO3 63 and the MW of NaNO3 85. 1 mole of HNO3 generates 1 mole of NaNO3. Does the facility exceed the manufacturing threshold for nitrate compounds? Answer: Yes The quantity of nitrate compounds manufactured (quantity of HNO3 neutralized) (MW of NaNO3 / MW of HNO3) NaNO3 manufactured (20,000 lb) (85/63) 26,984 lb (rounded to 27,000) TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS Nitrate compounds are subject to 25,000/10,000-pound reporting thresholds. The manufacturing threshold (25,000 lb) is exceeded, so the facility must submit a TRI form for nitrate compounds 77
Quiz #1: Question 3 A facility neutralizes 20,000 lb of nitric acid (HNO 3) with sodium hydroxide (NaOH) in an on-site wastewater treatment system. The neutralization is 100% complete and generates sodium nitrate (NaNO 3), which is discharged to a nearby water body. The molecular weight (MW) of HNO3 63 and the MW of NaNO3 85. 1 mole of HNO3 generates 1 mole of NaNO3 In this example, should the facility report release of 27,000 lb of nitrate compounds as to a stream or water body? (Section 5.3 on Form R)? Yes or no Answer: No Releases of nitrate compounds are reported on nitrate ion (NO3-) basis. Based on molecular weights (NaNO3 85, NO3- 62), 62 lb of nitrate ion are generated for every 85 lb of nitrate compounds. To calculate the quantity of nitrate ion released to the water body in the example described above: (lb of NaNO3) x (MW of NO3- / MW of NaNO3) (26,984 lb) x (62/85) 19,682 lb (rounded to 20,000 lb) TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS On the Form R for nitrate compounds, the facility would report 20,000 lb of the nitrate ion releases to the stream or water body. 78
Quiz #2: Question 1 A facility combusts 13,600,000 lb of coal to fire its boilers. The coal contains elemental lead (Pb) at 7.0 ppm by weight. In combusting the coal, the facility otherwise uses lead and coincidentally manufactures lead compounds. The facility has no other information about the chemical makeup of the lead compounds manufactured and assumes it is the lowest-weight oxide – PbO. Based on molecular weights (Pb 207, PbO 223), the facility knows that 223 lb of PbO is formed for every 207 lb Pb used. Which of the following thresholds have been exceeded for lead or lead compounds? A. Otherwise Use only B. Manufacturing only C. Neither D. Both PbO formed: (95.2 lb) * (223/207) 103 lb Answer: B is correct Pb in coal: (13,600,000 lb) * (7 x 10-6) 95.2 lb Total lead combusted (95.2 lb) does not exceed the threshold for otherwise using lead not in stainless steel, brass, or bronze (100 lb) Since lead is expected to be present in coal in compound, you could consider that 103 lb of lead compounds was combusted and, therefore, otherwise used Total lead oxide manufactured (103 lb) exceeds the threshold for manufacturing and otherwise use of lead compounds (100 lb) TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 79
Quiz #2: Question 2 The facility in the previous question combusted 13,600,000 pounds of coal in the reporting year and has exceeded the reporting threshold for lead compounds. The facility has no monitoring data on their point source lead emissions from combusting the coal. They determined that their best available information for calculating their point source air emissions is the published emission factor for lead from controlled coal combustion from EPA’s AP-42* which is 4.2E-04 lb Pb/ton of coal combusted. What are the facility’s point source emissions of lead from coal combustion? A. 2.86 lb B. Range Code ‘A’ C. 95.2 lb D. Either 2.86 lb or Range Code ‘A’ Answer: A is correct Point Source Emissions (lb) EF W where: EF emission factor for controlled coal combustion (lb Pb/ton coal), and W weight of coal combusted (ton) Weight of coal combusted: (13,600,000 lb coal)/(2,000 lb/ton) 6,800 tons coal Point Source Emissions 4.2E-4 (lb Pb/ton coal) 6,800 tons coal 2.86 lb Pb Assuming coal combustion was the only source of point source air emissions for this facility, the facility would report 2.86 lb in Section 5.2 of their Form R for lead compounds. Range codes cannot be used for Chemicals of Special Concern. While threshold determination is based on the weight of the lead compounds, release and waste management calculations are based on the weight of the parent metal (lead) in the metal compound (lead oxide) TOXICS RELEASE INVENTORY REPORTING REQUIREMENTS : ADVANCED CONCEPTS 80
