TRI Toolkit Q&A

For purposes of EPCRA section 313 reporting, a discharge of pH 6 or above contains no reportable amount of mineral acid. The facility owner/operator should report zero, not NA, in Part II, Section 5.3 of the Form R.

When a scrubber is used to remove sulfuric or hydrochloric acid aerosols prior to or in a stack, the acid aerosols are usually converted to the non-aerosol form. The non-aerosol forms of sulfuric and hydrochloric acid are not reportable under EPCRA section 313 because the qualifier to the sulfuric acid and hydrochloric acid listing includes only acid aerosol forms. Sulfuric and hydrochloric acid as discrete chemicals have not actually been destroyed by the scrubber, but the form of these acids reportable under EPCRA section 313 has been destroyed. Therefore, since sulfuric or hydrochloric acid aerosols removed by scrubbers are converted to non-reportable forms, the quantity removed by the scrubber can be reported as having been treated for destruction. However, all of the sulfuric acid or hydrochloric acid aerosols that are produced prior to or after the scrubber count towards that manufacturing threshold, and any acid aerosols that are not removed by the scrubber and continue out of the stack must be reported as a release to air.

When a scrubber is used to remove sulfuric acid aerosols prior to entering or in a stack, the acid aerosols are usually converted to the non-aerosol form. The non-aerosol forms of sulfuric acid are not reportable under EPCRA section 313 because the qualifier to the sulfuric acid listing includes only acid aerosol forms (40 CFR Section 372.65). Sulfuric acid is not actually being destroyed by the scrubber, but the form of sulfuric acid that is reportable under EPCRA section 313 is being destroyed. Therefore, since sulfuric acid aerosols removed by scrubbers are converted to a non-reportable form, the quantity removed by the scrubber can be reported as having been treated for destruction under Part II, Section 7 and should be included in Section 8.6, (Quantity Treated On-Site). Since the condensed sulfuric acid (i.e., the liquid sulfuric acid) is a non-aerosol form, it is not reportable under EPCRA section 313 and no reporting of other waste management activities for these non-aerosol forms is required.

When solutions of sulfuric acid and hydrochloric acid are aerosolized the manufacture of a listed chemical (sulfuric acid or hydrochloric acid aerosols) has occurred. This is a result of the qualifier to the sulfuric acid and hydrochloric acid listings, which excludes non-aerosol forms and limits the reporting to aerosol forms only. The addition of the acid aerosol qualifier has an impact on certain processes that, prior to the addition of the qualifier, would not have been considered as the manufacturing of a listed chemical. Acid reuse systems that use aqueous solutions of sulfuric acid or hydrochloric acid to generate acid aerosols, use the acid aerosols, condense them back into solution, and then reuse the acid solution again and again are impacted by the addition of the acid aerosol qualifiers. In such processes, the continuous reuse of the acid solutions generates very large quantities of acid aerosols that technically should be counted towards the manufacture (the generation of the acid aerosol is the manufacture of sulfuric or hydrochloric acid (acid aerosol)) and otherwise use thresholds. This may result in many facilities greatly exceeding the manufacture and otherwise use reporting thresholds that, prior to the addition of the qualifier, would not have exceeded thresholds.While it is technically correct to apply all of the quantities of acid aerosols generated in such systems towards the manufacture and otherwise use reporting thresholds, EPA did not intend to increase the reporting burden as a result of the addition of the acid aerosol qualifiers. In addition, under EPA’s general approach to reuse systems, a listed toxic chemical is not counted toward thresholds each time it is reused but only once per reporting period. This approach would apply to sulfuric acid or hydrochloric acid reuse systems were it not for the aerosol qualifiers. Therefore, EPA is providing the following guidance to reduce the reporting burden for covered facilities that operate such processes and to bring the treatment of such systems into alignment with EPA’s general approach to reuse.Rather than having covered facilities count all quantities of acid aerosol generated in such systems towards the manufacture and otherwise use thresholds, EPA will allow facilities to apply the total volume of acid in these systems only once to these thresholds. For example, if an acid reuse system starts the year with 2,000 pounds of acid and 500 pounds is added during the year then the total amount applied towards acid aerosol thresholds would be 2,500 pounds.This reflects a one-time per year counting of all of the acid molecules as being in the acid aerosol form rather than counting them over and over again each time the acid aerosol form is generated and subsequently used. Since in these acid reuse systems the acid aerosols are manufactured and then otherwise used the 10,000-pound otherwise use threshold would be the threshold that triggers reporting from such systems.This guidance applies only to acid reuse systems and the reporting of sulfuric acid and hydrochloric acid aerosols under EPCRA section 313. This guidance does not apply to any other types of processes or to any other listed chemical.

The method for estimating amounts of sulfuric acid (acid aerosol) and hydrochloric acid (acid aerosol) for threshold purposes is unique as compared to other listed toxic chemicals. In the above question, the facility should apply 12,000 pounds towards the manufacturing and otherwise use thresholds. To determine the amount manufactured in an acid reuse system, the facility should calculate the total volume of acid in the system. The total volume of acid is the sum of the reporting year's starting amount and the amount added during the reporting year. Because all the sulfuric acid aerosol manufactured is subsequently otherwise used, the 12,000 pounds are also applied to the otherwise use threshold of 10,000 pounds. Therefore, the facility exceeds the otherwise use threshold and must file a Form R or Form A. Facilities are also directed to refer to the Guidance for Reporting Sulfuric Acid (EPA-745-R-97-007; November 1997).

No, the sulfuric acid does not become airborne; so it is not an aerosol form of sulfuric acid and, therefore, not a reportable toxic chemical under EPCRA section 313 (40 CFR Section 372.65).

Fuming sulfuric acid, more commonly known as oleum, is a mixture of sulfuric acid and sulfur trioxide. The facility must report on the acid aerosol forms of the sulfuric acid portion of the mixture in accordance with Section 372.30(b) if this portion exceeds the applicable threshold. The facility should also note that sulfur trioxide reacts rapidly with water to form sulfuric acid. Any sulfuric acid aerosol formed from sulfuric trioxide at the facility must be counted toward the manufacturing threshold.

The sulfuric acid formed in the chemical reaction of sulfur trioxide and water that often occurs in the air after releasing sulfur trioxide is not included in threshold determinations. The facility owner/operator is not responsible for tracking or reporting on the formation of a listed toxic chemical once a chemical is released from a facility. However, if the reaction of sulfur trioxide and water takes place prior to being emitted (e.g., in the stack), the facility would be required to factor the quantity of sulfuric acid mist generated towards the manufacturing threshold. If the threshold is exceeded, the facility owner/operator must report all releases and other waste management estimates of sulfuric acid aerosols from the facility.

Yes, assuming thresholds are exceeded, the facility must report for hydrochloric acid aerosol. It is irrelevant where at the facility the acid aerosol forms.

Yes. In the combustion of coal, the facility will be coincidentally manufacturing aerosol forms of hydrochloric acid, as well as hydrofluoric acid and sulfuric acid. The combustion of coal will also result in the coincidental manufacture of new metal compounds. The facility must submit a Form R if it manufactures more than a threshold amount of any of these listed toxic chemicals.

Yes. The CAS number 7647-01-0 identifies both aqueous and anhydrous forms of hydrochloric acid. The listing modification also applies to both aqueous and anhydrous forms of hydrochloric acid.

Amounts of sulfuric or hydrochloric acid aerosols that drift from process steps are considered a release and are reportable provided the facility has exceeded thresholds. Facilities must use their best readily available information in developing estimates. This information may come from a variety of sources, and to assist facilities in determining what is reportable for sulfuric acid aerosols, EPA has published a guidance document entitled, EPCRA section 313 Guidance for Reporting Sulfuric Acid (EPA-745-R-97-007; November 1997). Facilities may also find equipment operating specification information useful in developing threshold determinations and release and other waste management calculations.

In cases where only one acid is present in solution, the total mineral acid concentration can be derived by using the pH value of the solution and the molecular weight and ionization constant of the acid. In order to assist the regulated community in EPCRA section 313 reporting, EPA derived a table that lists the total acid concentration for each listed mineral acid at different pH values (Estimating Releases and Waste Treatment Efficiencies for Mineral Acid Discharges Using pH Measurements (EPA 745/F-97-003), June 1991). The concentrations are expressed in pounds per gallon (lb/gal) and can be converted to the appropriate units for reporting purposes. The concentration that must be reported is based on the amount or mass of the toxic chemical in the waste stream compared to the total amount or mass of the waste stream. For example, assume that a facility treats, by neutralization, a waste stream containing nitric acid (HNO3) in which the pH of the influent stream is 4. A pH of 4 corresponds to a concentration of 0.000052 pounds of HNO3 per gallon of waste stream (Estimating Releases and Waste Treatment Efficiencies for Mineral Acid Discharges Using pH Measurements, Table 1). The amount of HNO3 in the influent waste stream can be converted using the following calculation:Influent waste stream: (0.000052 lb/gal) × (1 gal/3.78 L) × (453,000 mg/lb)   = 6.2 mg/L of HNO3 in the waste stream Since mg/L of solutions or dispersions of a chemical in water is equivalent to ppm, 6.2 ppm of HNO3 is the concentration in the influent waste stream.The Form R requires a range of influent concentration, thus the facility should select the appropriate range code and enter that value in the Range of Influent Concentration column in Part II, Section 7A, the On-Site Waste Treatment Methods and Efficiency section of the Form.

The listed CAS number for nitric acid specifically relates to the molecular formula HNO3. Therefore, facilities are required to count the amount of nitric acid in solutions toward thresholds and release and other waste management calculations. If 100 pounds of 70 percent nitric acid is released, the release should be reported as 70 pounds of nitric acid.

No. The 61 percent total nickel cannot be used in the threshold determinations. Nickel compounds are a listed toxic chemical category; therefore, the full weight of nickel compounds (not just the 35 percent nickel contained in the compounds) must be used in the threshold determination for nickel compounds.A separate threshold determination is required for the nickel metal since nickel is a separately listed toxic chemical under Section 313.

The hexavalent chromate compounds are members of a reportable toxic chemical category, chromium compounds, and have been manufactured by the oxidation/reduction reaction that occurred in the electroplating operation. As a result, the total amount of the hexavalent chromate compounds produced must be included in the manufacturing threshold for chromium compounds.

All chromium compounds are reportable. They must be aggregated together for purposes of threshold and maximum amount on-site calculations. However, release and other waste management amounts should be for the chromium metal portion only (see 40 CFR Section 372.25(h)).

If a covered facility exceeds thresholds for both the parent metal and compounds of that same metal, it is allowed to file one joint Form R (e.g., one report for both lead compounds and elemental lead). EPA allows this because the release and other waste management information reported in connection with metal compounds will be the total pounds of the parent metal released and otherwise managed as a waste.

No. In the case when an activity threshold is exceeded only for lead compounds, the report is only required to be based on the releases and other waste management estimates of lead, the parent metal, from lead compounds only. Releases and other waste management estimates of lead resulting from activities involving elemental lead need not be included in the release and other waste management calculations. Conversely, if the facility were to exceed an activity threshold for only elemental lead, the report would only have to be based on releases and other waste management estimates from activities involving elemental lead only.

If the processing of these substances generates (i.e., manufactures) any fume or dust or if the two substances were processed or otherwise used, at any time, as a fume or dust, the activities would be reportable under EPCRA section 313. The manufacturing, processing, or otherwise use of these substances in fume or dust form would be subject to threshold determinations.

Aluminum appears on the list of toxic chemicals as 'aluminum (fume or dust).' You must determine if you manufacture, process, or otherwise use aluminum fume or dust. In this case you do not process or otherwise use the fume or dust, but you do manufacture aluminum fume or dust coincidentally as a byproduct of making molds. Therefore, you must report for aluminum (fume or dust) if you exceed the 25,000-pound manufacture threshold for the reporting year.

For the reporting year, the 25,000-pound threshold applies to the amount of aluminum fume or dust generated at the facility, not the aluminum in molten (liquid) or solid form. Therefore, the facility must determine whether they manufacture or process more than 25,000 pounds of aluminum fume or dust during their processing operation.

Because aluminum has a fume or dust qualifier, aluminum would be reportable under EPCRA section 313 if a fume or dust were generated (i.e., manufactured) during welding, diecasting, buffing, grinding, or other operations above 25,000 lb. If the aluminum is incorporated into a product in a fume or dust form, the processing threshold must also be considered.

The facility is manufacturing aluminum fume, a listed EPCRA section 313 toxic chemical. In the furnace, the fume is then passively converted to non-fibrous aluminum oxide, a non-listed chemical. The facility is not actively destroying the aluminum fume. Therefore, the facility is not treating the toxic chemical for destruction. If the covered facility generates more than 25,000 pounds of aluminum fume during the course of the year, it would meet the manufacturing threshold for this chemical and would be subject to EPCRA section 313 reporting. Since there are no releases of the reportable chemical, the facility should report zero for release and other waste management activities for aluminum fume.

No. In vacuum deposition, the aluminum is converted to the vapor state under low pressure. The vapor then condenses on the material that is being coated. A metal fume consists of finely divided particulate dispersed in a gas. Because a metal fume and a metal vapor are different physical forms of a metal, metal vapor is not considered to be a type of fume. However, any aluminum fume that is produced as a result of the condensation of the metal vapor should be applied to threshold determinations for aluminum.

Aluminum in the form of dust is a listed Section 313 toxic chemical. All of the aluminum dust (no size limit) generated should be considered toward the manufacturing threshold. Provided the covered facility meets the activity threshold for aluminum fume or dust, the amount of the aluminum dust particles that escape the facility's collector system should be reported as released.

Only fibrous forms of aluminum oxide are reportable under Section 313. Other forms of aluminum oxide are not subject to reporting (55 FR 5220, February 14, 1990).

Aluminum oxide in clay is usually part of another compound or mineral, such as kaolin, and is not present as a listed toxic chemical. In addition, it is unlikely the clay contains man-made, fibrous forms of aluminum oxide. Naturally occurring aluminum oxide, known as corundum, has a separate CAS number, 1302-74-5, and is not reportable.

Aluminosilicates, aluminoborosilicates, zeolites, aluminum silicate hydroxides, and other related materials are either naturally occurring or are prepared by fusion at high temperatures. As a result, these materials are not considered to be fibrous forms of aluminum oxide under Section 313 and are not subject to reporting.

Zeolite is an aluminum silicate compound that is not reportable under Section 313.

Yes. EPA considers 'dusts' to be solid particles generated by any mechanical processing of materials (including mixtures). This includes, but is not limited to, handling, crushing, grinding, and rapid impact of materials such as rock, ore, metals, and alloys. In this case, the particles produced would constitute a dust and require a threshold determination.

The toxic chemical list at 40 CFR Section 372.65, contains four xylene listings (mixed isomers, ortho-, meta-, and para-xylene) that appear with their own CAS number. The CAS number specified for xylene (mixed isomers), 1330-20-7, applies to any combination of xylene isomers. The facility must make separate threshold determinations for each individual chemical listed at Section 372.65. If the thresholds are not exceeded for any of the individual xylene listings of Section 372.65, then the facility would not have to report on any releases of xylene at the facility. For example, if the facility processes, in separate streams, 10,000 pounds of ortho-xylene (CAS number 95-47-6), 10,000 pounds of para-xylene (CAS number 106-42-3), and 10,000 pounds of xylene in which the isomers are mixed in unknown concentrations (CAS number 1330-20-7), a threshold is not exceeded for any of the xylene listings. Therefore, no reports for xylene would be required. The quantities of the individual xylene listings processed by the facility should not be aggregated for the purposes of making threshold determinations.If the thresholds are exceeded for two or more of the individual isomer xylene listings, the facility has two choices when filling out the Form R. The facility may file separate Form Rs for each isomer or unique isomer mixture listed in Section 372.65, or the facility may file one combined report. For example, the facility processes, in separate streams, 30,000 pounds of ortho-xylene, 30,000 pounds of para-xylene, and 30,000 pounds of xylene where the isomers are mixed in unknown concentrations. Because the activity threshold for each of the three xylene listings is exceeded independently, the facility can report releases and other waste management activities from each of three listings separately on three different Form Rs (one for ortho-xylene, one for para-xylene, and one for the mixed isomers) or the facility can report all xylene releases and other waste management estimates on one Form R as xylene (mixed isomers).

Diethylene glycol is not subject to reporting. Glycol ethers, with the following structure, are reportable: R - (OCH2CH2)n - OR', where:n = 1, 2, or 3; R = alkyl C7 or less, or R = phenyl or alkyl substituted phenyl;R' = H or alkyl C7 or less; or OR', consisting of a carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate. The R groups for this structure are unsubstituted alkyl or aryl groups. For diethylene glycol, neither R nor R' contain alkyl or aryl groups and thus it is not subject to reporting under Section 313. For more information refer to EPA’s document entitled, Toxics Release Inventory: List of Toxic Chemicals Within the Glycol Ethers Category (EPA-745-R-95-006).

Dipropylene glycol ethers are not Section 313 reportable glycol ethers since it has (OCH2CH2CH2)n or (OCH2CH(CH3))n instead of (OCH2CH2)n in its structure. Propylene glycol-based ethers are not covered by this category.

Using the structural definition of glycol ethers as they appear in the final rule, ethylene glycol mono butyl ether is reportable under Section 313.R - (OCH2CH2)n - OR'In this case R is equal to butyl, (CH3CH2CH2CH2-); R' = H; and n = 1.

Although EGBE was removed from the list of HAPs under the CAA regulations, it was not removed from the TRI toxic chemical list. Therefore, it continues to be a part of the certain glycol ethers category of chemicals subject to TRI reporting.Additional information for reporting glycol ethers under TRI is available in the document entitled Toxics Release Inventory - List of Toxic Chemicals within the Glycol Ethers Category (EPA745-R-00-004; December 2000).

The following chemicals are often mistakenly reported on the Form R as being in the certain glycol ethers chemical category; however, these chemicals are not part of the category and should not be reported on the Form R under the category. CAS Number Chemical Name 107-21-1 Ethylene glycol (listed individually as a TRI toxic chemical) 111-46-6 Diethylene glycol 112-27-6 Triethylene glycol 112-60-7 Tetraethylene glycol 57-55-6 Propylene glycol 25265-71-8 Dipropylene glycol 107-98-2 Propylene glycol methyl ether 19089-47-5 Propylene glycol ethyl ether 1569-01-3 Propylene glycol n-propyl ether 23436-19-3 Propylene glycol isobutyl ether 770-35-4 Propylene glycol phenyl ether (2-propanol, 1-phenoxy-) 4169-04-4 Propylene glycol phenyl ether (1-propanol, 2-phenoxy-) 108-65-6 Propylene glycol methyl ether acetate 20324-33-8 Tripropylene glycol methyl ether 34590-94-8 Dipropylene glycol methyl ether 30025-38-8 Dipropylene glycol ethyl ether 35884-42-5 Dipropylene glycol n-butyl ether

Polyethylene is not a listed chemical and thus is not subject to reporting under Section 313. A mixture is any combination of two or more chemicals if the combination is not, in whole or in part, a result of a chemical reaction. If the combination resulted from a reaction but could have been produced without a chemical reaction, it is still treated as a mixture. Thus, since polyethylene is the result of chemical reaction, it is not a mixture under EPCRA section 313. Any EPCRA section 313 listed toxic chemicals used in the manufacture of polyethylene should be evaluated against the proper Section 313 activity threshold.

Mineral oil is a highly refined mixture of saturated C15 to C50 hydrocarbons. Barring any information to the contrary, it is unlikely that mineral oil contains significant quantities of any Section 313 chemicals.

Polyvinyl chloride is not a listed toxic chemical and does not need to be reported (see 40 CFR Section 372.65). It is a polymer of vinyl chloride. Only unreacted vinyl chloride mixed with the polymer should be included in threshold determinations and release and other waste management calculations.

These chemicals are monomers that react to make the ABS copolymer that is not reportable under Section 313 (see 40 CFR Section 372.65). However, if any unreacted acrylonitrile, butadiene, or styrene monomers are present in the ABS copolymer in excess of de minimis concentrations then they are reportable.

DOP is a commonly used acronym for both di(2-ethylhexyl) phthalate (DEHP) and n-dioctyl phthalate (DNOP). DOP is also listed as a synonym for DEHP in the Section 313 Common Synonyms document. However, as the supplier provided the acronym DEHP and the CAS number is 117-81-7, the facility has sufficient information to distinguish between DNOP and DEHP and thus should report for DEHP.

The Section 313 listing for asbestos (CAS number 1332-21-4) includes specific forms of asbestos, such as those mentioned above, that have their own individual CAS numbers. Therefore, those types of asbestos are reportable as long as they are manufactured, processed, or otherwise used in the friable form.

Maybe. If friable asbestos is not being manufactured, processed, or otherwise used, no releases or other waste management of asbestos must be reported unless there are other covered activities involving asbestos in the friable form at the facility, and the threshold for reporting has been exceeded. If, however, during the demolition of the plant, asbestos is created in the friable form, the manufacturing threshold may be triggered.

No. Paraformaldehyde is hydrated polymerized formaldehyde, a solid material that is different from formaldehyde. At ambient temperature, vaporization occurs, emitting formaldehyde gas. Though paraformaldehyde itself is not reportable, any formaldehyde manufactured as a gas or a solution during the manufacture, processing, or otherwise use of paraformaldehyde must be applied to any threshold determination for formaldehyde.

CAS number 26471-62-5 covers the mixture of the 2,4- and 2,6-TDI isomers. The 2,4- and 2,6-TDI isomers are also individually listed under EPCRA section 313. When the threshold quantity and de minimis concentration for each isomer in the mixture are exceeded independently, the facility may report under the individual isomer listings or under the mixed isomers listing. When the threshold quantity and/or de minimis for each isomer in the mixture are not exceeded independently, but are exceeded collectively, the facility should report under the CAS number for TDI (mixed isomers).

Yes. Rubber is a mixture for reporting purposes. Further, note that the weights of the chemicals that are not chemicals of special concern must be added to the threshold determination if their concentrations are above the de minimis concentration limit (1 percent, or 0.1 percent for OSHA carcinogens) while the weight of any chemical of special concern must be added irrespective of concentration. The weight added would be the weight percent of the toxic chemical multiplied by the weight of the rubber slab.

The chemical name 'benzene, 1,3-diisocyanatomethyl-' is listed as a synonym for 'toluene diisocyanate (mixed isomers)' under CAS number 26471-62-5 in EPA’s document Common Synonyms For Chemicals Listed Under Section 313 of the Emergency Planning and Community Right-To-Know Act, EPA 745-R-95-008, March 1995. For purposes of reporting under EPCRA section 313, 'toluene diisocyanate (mixed isomers)' includes any possible mixture of any toluene diisocyanates in which the isocyanate groups are separated by one carbon in the ring (i.e., are one/three to each other). This listing includes the 2,4-, 2,6-, and 3,5- isomers of toluene diisocyanate (TDI). TDI is commonly manufactured as a mixture of isomers (e.g., an 80:20 mixture of 2,4- and 2,6-TDI). Even if the mixture is made up of the specifically listed isomers (i.e., 2,4- and 2,6-TDI), the listing 'toluene diisocyanate (mixed isomers)' still applies. The 'mixed isomer' listing is meant to include any mixture that contains two or more of the toluene diisocyanate isomers (i.e., 2,4-, 2,6-, or 3,5-TDI). The specifically listed 2,4- and 2,6- TDI isomers should be reported individually if not present as a mixture of TDI isomers. If, however, the individual thresholds for the pure TDI isomers are exceeded, the covered facility may file a single report for TDI (mixed isomers) and include the total quantity released or otherwise managed as waste.

The EPCRA section 313 listed chemical and the purchased chemical are not necessarily the same chemical. The purchased chemical is termed by the Chemical Abstract Service as an incompletely defined substance that may be or may contain the listed chemical. The facility must use all available information (e.g., supplier notification information), to identify the amount of the listed toxic chemical present in the purchased material for threshold determinations and release and other waste management calculations. If this material does contain MDI, the quantity of MDI present should be included in all threshold calculations for the diisocyanates category.

No. The Section 313 list of toxic chemicals includes listings for pure 2,4-TDI, pure 2,6-TDI and TDI (mixed isomers). The facility should calculate the thresholds separately for each process stream that contains the pure TDI isomers and the mixed TDI isomers. The individual TDI isomers of the mixed isomer process stream should not be applied to the thresholds of the pure isomers. If the individual thresholds for the pure TDI isomers are not met, no reporting is necessary. If the individual thresholds for the pure TDI isomers are exceeded, the facility may file a single report for TDI (mixed isomers) and include the total quantity released or otherwise managed as waste of all three process streams, or they may file three separate reports. If the thresholds for each TDI isomer in the mixed isomer process stream are not exceeded independently, but are exceeded collectively, the facility must report under the CAS number for TDI (mixed isomers).

Evaporation and drying losses from aqueous ammonia solutions result in the release of anhydrous ammonia, which is 100 percent reportable under the EPCRA section 313 ammonia listing. Although EPA modified the ammonia listing on June 30, 1995 (60 FR 34172), the modification only limits the quantity of aqueous ammonia that is reportable. The modification does not apply to anhydrous ammonia, which remains 100 percent reportable. Owners or operators must still include all anhydrous ammonia manufactured, processed, or otherwise used at a covered facility in threshold determinations and release and other waste management calculations. Anhydrous ammonia generated through the evaporation or drying of aqueous ammonia solutions derived from water-dissociable ammonium salts or other sources must be counted toward the applicable activity threshold. For example, if a facility processes aqueous ammonia, it has processed 100 percent of the aqueous ammonia in that solution. If the ammonia stays in solution, then 10 percent of the total aqueous ammonia is counted toward thresholds. If there are any evaporative losses of anhydrous ammonia, then 100 percent of those losses must be counted toward the processing threshold. If the manufacturing, processing, or otherwise use thresholds for the ammonia listing are exceeded, the facility must report 100 percent of these evaporative losses in Part II, Sections 5 and 8 of the Form R.

The ammonia used in the process would be otherwise used (40 CFR Section 372.3). If the otherwise use exceeds the 10,000 pound threshold, the facility would be required to report any releases or other waste management of ammonia.

The term “anhydrous” means “lacking water,” whereas “aqueous” means “dissolved in water.” Anhydrous ammonia (in either the gas or compressed liquid state) may, however, contain a small amount of water. The presence of water in anhydrous ammonia does not constitute aqueous ammonia unless the amount of water present is sufficient to dissolve the ammonia. If ammonia is not actually dissolved in water, then the ammonia must be considered anhydrous. Facilities must be able to distinguish between anhydrous ammonia and aqueous ammonia when making threshold determinations and release and other waste management estimates because different percentages of the total amount of ammonia apply depending on the form of ammonia present.If anhydrous ammonia is manufactured, processed, or otherwise used, then 100 percent of the anhydrous ammonia must be counted when determining whether an activity threshold has been exceeded. If the facility exceeds an activity threshold for ammonia (anhydrous and/or aqueous), then all of the anhydrous ammonia released and otherwise managed as wastes must be included in the facility's release and other waste management calculations.Total aqueous ammonia includes both the ionized (NH4+) and un-ionized (NH3) forms of ammonia present in aqueous solutions. When a facility manufactures, processes, or otherwise uses aqueous ammonia, it is conducting a threshold activity on 100 percent of the aqueous ammonia. However, the facility owner or operator counts only 10 percent of the total aqueous ammonia involved in a covered activity when making threshold determinations. Similarly, when estimating annual releases and other waste management estimates of ammonia from a facility, only 10 percent of the total aqueous ammonia must be included in the calculations.Dissolving water-dissociable ammonium salts in water constitutes the manufacturing of aqueous ammonia. According to the ammonia qualifier, 10 percent of the total amount of aqueous ammonia created must be applied toward the 25,000-pound manufacture threshold as well as the processing or otherwise use threshold, depending on the use of the aqueous ammonia at the facility. However, since 100 percent of the anhydrous form of ammonia is reportable under the ammonia listing, all anhydrous ammonia used to make aqueous ammonia must be applied toward either the processing or otherwise use threshold, depending on the use of the aqueous ammonia solution at the facility.

The chemical ammonium hydroxide (NH4OH) is a misnomer. It is a common name used to describe a solution of ammonia in water (i.e., aqueous ammonia), typically a concentrated solution of 28 to 30 percent ammonia. EPA has consistently responded to questions regarding the reportability of these purported ammonium hydroxide solutions under the EPCRA section 313 ammonia listing by stating that these are 28 to 30 percent solutions of ammonia in water and that the solutions are reportable under the EPCRA section 313 ammonia listing. For a more detailed discussion, see page 34175 of the Federal Register final rule of June 30, 1995 (60 FR 34172).Facilities should use the percent total ammonia specified on the label of ammonium hydroxide solutions they purchase to determine the total ammonia content in these solutions. Ammonium hydroxide has the chemical formula NH4OH; however, as mentioned above, strong evidence indicates that the species NH4OH does not exist. Bottles of concentrated aqueous ammonia purchased from chemical supply companies are almost always labeled ammonium hydroxide. These solutions primarily consist of molecules of NH3 dissolved in water (along with small amounts of ionized ammonia). The 48.59 percent listed for ammonium hydroxide is based on the ammonia weight of the chemical formula NH4OH, not the actual concentration of total ammonia in ammonium hydroxide solutions. The actual concentration may vary depending upon the amount of NH3 used to make the solution. Thus, this may not accurately reflect the actual weight of total aqueous ammonia in any given solution labeled ammonium hydroxide.The percentages, reported in the document as NH3 equivalent weight percentages for chemical sources, are the precise percentages of total ammonia (expressed as NH3 equivalent weights) contained in each chemical listed based on the molecular formula for each chemical. Except for ammonium hydroxide, these numbers are exact for the pure chemical and do not vary. Facilities can use these numbers to calculate how much total ammonia will be in aqueous solutions made from these chemicals.

Water dissociable ammonia salts, such as ammonium chloride, are reportable if they are placed in water. When ammonium salts are placed in water, reportable aqueous ammonia is manufactured. Ammonia (not ammonium salts) is on the list of toxic chemicals with the qualifier: 'includes anhydrous ammonia and aqueous ammonia from water dissociable ammonium salts and other sources; 10 percent of total aqueous ammonia is reportable under this listing.' As indicated in this qualifier, all aqueous ammonia solutions from water dissociable ammonium salts are covered by the ammonia listing. For example, ammonium chloride is a water dissociable ammonium salt. Reportable aqueous ammonia will be manufactured when it is placed in water. Ten percent of the total ammonia present in an aqueous solution containing ammonium chloride must be included in threshold determinations and release and other waste management calculations.

The facility should apply 300 pounds of the ammonia in the solution towards the otherwise use threshold for ammonia. Because the ammonia is in an aqueous form, only 10 percent of the total amount of aqueous ammonia is required to be applied towards the otherwise use threshold. In this case, the solution consists of 30 percent aqueous ammonia and therefore contains a total of 3,000 pounds of aqueous ammonia. Only 10 percent of this amount, or 300 pounds, is applied towards the otherwise use threshold.

EPA does not plan to issue a specific guidance document for estimating threshold and release/waste management quantities of hydrogen sulfide at this time. As with all Emergency Planning and Community Right-To-Know (EPCRA) § 313 chemicals, facilities may use their best readily available data (including monitoring data) pursuant to EPCRA § 313(g)(2). When data are not readily available, EPCRA allows facilities to use “reasonable estimates” of the amounts involved. Further guidance regarding “reasonable estimates” can be found in Q&A # 469-475 and 681, available at: https://www.epa.gov/toxics-release-inventory-tri-program/1998-tri-reporting-qa-document. Facilities must retain documentation of calculations used to determine threshold and reporting quantities, along with copies of their submitted Form R or A, for the record retention period of three (3) years.Facilities may use mass balance calculations, published emissions factors, and/or engineering calculations and best judgment to create estimates for TRI reporting purposes. Below, EPA has listed some published emissions factors and information on federal and state limits on ambient hydrogen sulfide concentrations that may be useful in estimating releases of hydrogen sulfide: 1) Estimating Hydrogen Sulfide Releases from Aeration Basins:Consult the California Air Toxics Emissions Factor for Hydrogen Sulfide from Aeration Basins, available at: https://www.arb.ca.gov/research/apr/past/96-333_1_pt2.pdf; 2) Estimating Hydrogen Sulfide in Aqueous Solution:Consult the temperature and pH conditions cited in Method 4500-S2 - Sulfide in Standard Methods for the Examination of Water and Waste Water (https://www.nemi.gov/methods/method_summary/7418/). Please note that facilities only need to report the portion that is hydrogen sulfide and can exclude the portion that is sulfide ion. Other methods may also be applicable; 3) Estimating Hydrogen Sulfide in Air Emissions:Consult AP-42, available at: https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors; 4) Other:Agency for Toxics Substances and Disease Registry (ATSDR) ToxGuide - The ToxGuide factsheet provides some summary information on typical environmental levels of hydrogen sulfide and also provides some health-based screening levels that have been established by ATSDR, available at https://www.atsdr.cdc.gov/toxguides/toxguide-114.pdf. ATSDR Toxicological Profile: This is the more detailed technical document that is summarized in the ToxGuide, available at https://www.atsdr.cdc.gov/ToxProfiles/tp.asp?id=389&tid=67.

Cobalt-60 with CAS number 10198-40-0 is not on the list of toxic chemicals under EPCRA section 313. As such, Cobalt-60 is not reportable under EPCRA section 313. The listed toxic chemical is cobalt with CAS number 7440-48-4.

The toxic chemical release reporting requirements apply to chemicals and chemical categories listed in 40 CFR §372.65. Nitrite compounds are not included in the nitrate compounds toxic chemical category, and there is no specific “nitrite compounds” category. However, one nitrite compound, sodium nitrite, is individually listed as a toxic chemical in §372.65. Therefore, although nitrite compounds are not covered as a whole under TRI, sodium nitrite (a nitrite compound) is listed in 40 CFR §372.65. Facilities subject to the TRI reporting requirements that manufacture, process or otherwise use sodium nitrite in quantities that exceed a threshold for any of these activities and meet all other reporting requirements under EPCRA section 313 are required to report on sodium nitrite.

EPA listed the nonylphenol category as a delimited category defined by a specific list of chemical names and Chemical Abstract Service (CAS) Registry Numbers. Therefore, only the following six listed chemicals are reportable under the nonylphenol category for the purposes of TRI reporting: 4-Nonylphenol (CAS 104—40—5), Isononylphenol (CAS 11066-49-2), Nonylphenol (CAS 25154-52-3), 4-Isononylphenol (CAS 26543-97-5), 4-Nonylphenol, branched (CAS 84852-15-3), and Nonylphenol, branched (CAS 90481-04-2). This final rule is effective on September 30, 2014, and applies for the reporting year beginning January 1, 2015 (reports due July 1, 2016).Additional information, including the final rule, is available at the following URL:https://www.epa.gov/toxics-release-inventory-tri-program/addition-nonylphenol-category.

Barium chloride is being converted into a chemical that is not reportable under EPCRA section 313. Therefore, the barium chloride would be considered to be treated for destruction. The barium chloride should be reported in Section 6.2 as transferred off site for treatment. M69 'other waste treatment' should be used. Despite the fact that barium chloride is a metal compound, the quantity of barium chloride transferred off-site should be reported in Section 8.7 rather than Section 8.1. The waste management of barium chloride is reported this way in Section 8 because the metal compound that barium chloride is converted to (barium sulfate) is not reportable and thus the barium chloride can be considered destroyed.The following is effective starting January 1, 1998:The TSD facility receiving the barium chloride should apply the quantity of the barium chloride that is converted to barium sulfate to the otherwise use threshold because it received the barium chloride from off-site for purposes of waste management and the facility treated the barium chloride for destruction (a listed chemical converted into a non-listed chemical). The TSD should also report the quantity of barium chloride that was treated for destruction in Section 8.6 (Quantity Treated On-site). It should also report any other releases or other waste management activities associated with the treatment for destruction of this toxic chemical.

There is no special distinction or equivalent alternate requirement for universal wastes with respect to TRI reporting. For TRI reporting, TRI-listed chemicals in universal wastes are subject to the same applicability and reporting requirements for TRI-listed chemicals in hazardous wastes.

Generally, if the conversion of a listed TRI toxic chemical into another substance (listed or not) takes place in a waste stream, it is considered treatment for destruction of the initial chemical. Metals, however, generally are not considered as treated for destruction because only the weight of the parent metal is reported and the parent metal cannot be destroyed. Therefore, the conversion of an elemental metal to a compound of the same metal or from a metal compound to the elemental form of the same metal is not considered treatment for destruction, even when such conversion takes place in a waste stream. There are, however, a few instances in which a TRI metal or metal category compound may be considered treated for destruction upon its conversion to another form or substance because the newly formed substance is not a listed TRI chemical. For example, when elemental barium or a barium compound is converted to barium sulfate in a waste stream, this is reported as treatment for destruction because barium sulfate is not a listed TRI chemical. Similarly, aluminum and zinc, which are only reportable in the form of fumes or dusts, are considered treated for destruction when they are converted into non-reportable forms if this conversion takes place in a waste stream. Additional information regarding treatment for destruction can be found in the Waste Management Activities: Recycling, Combustion for Energy Recovery, Treatment for Destruction, Waste Stabilization and Release document on GuideME.

The facility should not report for the generic mixture name, such as C9 alkylbenzenes, but for the specific chemical. Since the facility does not know the concentration of each chemical in the naphtha, and assuming 2.5 percent as the upper bound for each is unrealistic, the facility should assume that each listed C9 alkylbenzene is present and divide the concentration evenly between the eight.

When a compound is formed, the identities of the reactant chemicals are lost, but in a mixture, the individual components retain their own identity and could be separated again. For example, since polyethylene is a reaction product, it is not a mixture for EPCRA section 313 purposes and is not subject to reporting. Steel fabricated into its solid form is considered a mixture because the individual metals retain their chemical identity.

A facility must consider the specific compounds within mixtures, not the mixtures themselves, to determine whether a report must be filed. The individual listed chemicals or chemical compounds in mixtures are separately reported.

The company should use the best readily available information (e.g., SDSs, supplier notifications, and process and chemistry knowledge) at the facility to identify the listed Section 313 toxic chemicals in the mixture, in accordance with 40 CFR Section 372.30. A separate report must be filed for each toxic chemical for which the fraction of the toxic chemical in the mixture multiplied by the total weight of the mixture processed or otherwise used exceeds the applicable threshold. The toxic chemicals are treated as if they were present in pure form and each is reported under its own CAS number.

There are two possible reasons for a chemical to have multiple numbers. The CAS numbers could refer to different forms of a chemical where each is considered unique for its particular properties and characteristics. The CAS registry number file includes the registry number, synonyms, chemical structure, and molecular formula for each chemical recorded in the file. If specific research has been done on a particular form of a chemical, a separate CAS number may be assigned to that particular form to facilitate the search process in the CAS file. For example, sodium hypochlorite is listed with two CAS numbers, 7681-52-9 and 10022-70-5. The former refers to the sodium salt form of hypochlorous acid, sodium hypochlorite, while the latter refers to the pentahydrate form of sodium hypochlorite. Both forms could be called sodium hypochlorite, thus sodium hypochlorite has, in effect, two CAS numbers.A chemical may also be listed with multiple CAS numbers when multiple numbers have been inadvertently assigned to the same chemical. This multiple assignment can occur when forms of a chemical are originally believed to be unique, but after further review by chemists, are identified as the same chemical. In this case, all the CAS numbers are cross-referenced, allowing the chemical to be located with any assigned number. The misassigned numbers are deleted as registry numbers, but remain on file for referencing purposes. The CAS number first assigned is the more accurate number to use when denoting the chemical. Although all of the CAS numbers will find the chemical, only the more accurate number will prompt the CAS registry file system to display the name, synonyms, and characteristics associated with the chemical. Chromic acid, listed with CAS numbers 1115-74-5 and 7738-94-5, illustrates this situation. After further review by chemists, CAS number 1115-74-5 was deleted as a registry number, but remains on file for future reference. CAS number 7738-94-5 is the more accurate number to identify chromic acid because it was the first registry number assigned.

The 'mixture component identity' field is to be used only when a facility knows that a mixture it purchases and processes or otherwise uses contains a listed Section 313 toxic chemical but it does not know which toxic chemical (i.e., the supplier keeps the toxic chemical identity a trade secret). The facility must use the toxic chemical or the toxic chemical category name field in all other circumstances (unless it is declaring the toxic chemical a trade secret toxic chemical and is filling out a sanitized version of the form).

Galvanized sheet metal is an alloy of several different metals. An alloy is considered a mixture for Form R reporting because the individual metals in the alloy retain their chemical identities. Like all other listed toxic chemicals in mixtures, alloys are subject to Form R reporting. When determining whether a facility meets an activity threshold, the owner/operator should only consider the weight percent of the listed chemical in the alloy.

Yes. Amounts of ozone (a toxic chemical) manufactured at a covered facility must be considered toward the facility's manufacturing threshold for ozone. If the facility knows that ozone is being manufactured, then the facility must use its best readily available information to provide reasonable estimates in making threshold and release and other waste management calculations.

Under Section 329, EPCRA defines a release as any 'spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles).' Under Section 313, covered facilities are required to take into account in their reports all toxic chemicals entering each environmental medium (e.g., 'routine' and 'accidental' releases).

Section 304 releases are accidental releases of extremely hazardous substances, requiring an emergency notification. Reporting under Section 313 includes the total amount of the toxic chemicals, both routine, operational and accidental releases. Thus, Section 304 releases of listed Section 313 toxic chemicals must be factored into releases reported under Section 313.

Yes, EPCRA section 313 states that covered facilities need not conduct monitoring or other activities beyond that required by other statutory or regulatory requirements (EPCRA section 313(g)(2)). Congress included this language to limit the burden on the affected industry for development of release and other required data. Without measurement or monitoring data, the facility is required to make reasonable estimates using its best readily available data.

Yes, it is preferable to use reasonable estimates using the best readily available information if available data (including monitoring data) is known to be non-representative.

No. If a federal facility has monitoring or emissions data that are not considered “representative,” the data need not be used. In such cases, a more accurate estimate based on mass balance calculations, published emissions factors, engineering calculations, or best engineering judgement should be used. In such instances, a federal facility should document why the available monitoring data were believed to be unrepresentative.

EPCRA allows facilities to use its best readily available data to provide information required under Section 313. When data are not readily available, EPCRA allows facilities to use 'reasonable estimates' of the amounts involved. An owner/operator facility must use his/her best judgment to determine whether analytical data are readily available. If they are not, the facility's use of maximum emissions levels, as specified in its permits, may be a reasonable basis from which to form its estimates. In any event, the owner/operator should carefully document the reason for its decision making.

If the facility has no information to indicate that the chemical exists in the waste stream, it may assume that the concentration is zero. If the facility has reason to believe that the listed toxic chemical is present, it may use half of the detection limit. The facility should document that it looked at all readily available data in making this determination.

EPCRA allows covered facilities to use the best readily available data to provide information required under EPCRA section 313. When data are not readily available, EPCRA allows facilities to use reasonable estimates of the amounts involved. A facility must use its best judgment to determine whether data are readily available. Thus, with regard to use of average concentration levels, a facility must use its best judgment to decide whether the raw data from which it might base any average concentration level are readily available. In any event, a facility should carefully document its decision making. For example, if a facility decides to use average concentration levels, it should document why the raw data from which the averages are based are not readily available, how it arrived at any average concentration level used, and why the average concentration level is a reasonable estimate of the amount of the toxic chemical in the waste stream. EPA does not have a recommended approach for determining average concentration levels.

A facility must use the best readily available information to determine which listed chemicals or compounds are being manufactured, processed or otherwise used. If the waste profile is incomplete or inaccurate, the facility should look to other sources of information that it believes are more representative of the needed information. Facilities should document assumptions and calculations used in making their determinations.

Facilities should use the best readily available information. Emissions Factors are available in Compilation of Air Pollutant Emissions Factors (AP-42) for estimating total VOC emissions from paint manufacturing.

Emissions Factors provided in Section 1.6 - Wood Waste Combustion in Boilers of EPA’s document AP-42, Compilation of Air Pollutant Emissions Factors can be used to calculate emissions for metal manufactured from the burning of trees. However, if a facility has better readily available information that would enable the facility to more accurately calculate the emissions generated, the facility should use that information.

The facility must use reasonable judgment as to the presence and amount of the listed toxic chemical based on the best readily available information. An indication that a reportable chemical is below detection is not equivalent to stating that the chemical is not present. If the reportable Section 313 chemical is known to be present, a concentration equivalent to half the detection limit should be used. The facility should not estimate releases based solely on monitoring devices, but the facility should also rely on its knowledge of specific conditions at the plant.

Any covered facility must report by July 1 for the previous reporting year, and the data provided should be the best estimate using the best readily available data. Records supporting the data must be kept for three years. If more accurate data are developed, the facility may submit revised forms. EPA can take enforcement action if they believe that the data do not represent reasonable estimates.

For chemicals that are not chemicals of special concern, estimates are not required to be reported to a greater accuracy than two significant figures (e.g., 4224 may be entered as 4200). The number of significant figures is the number of non-zero digits. One significant digit may be reported if the estimation techniques used do not support two-digit accuracy. For chemicals of special concern, if a facility’s release or other management calculations support reporting an amount that is more precise than two significant digits, then the facility should report that more precise amount (see 64 FR 58734; October 29, 1999).

When reporting release and other waste management estimates on the Form R for chemicals that are not of special concern, always report using whole numbers (i.e., round to the nearest pound). For chemicals of special concern, facilities should report releases and other waste management amounts greater than 0.1 pound (and for dioxin and dioxin-like compounds 0.0001 gram), at a level of precision supported by the accuracy of the underlying data and the estimation techniques on which the estimate is based (see (64 FR 58734; October 29, 1999) and Guidance for Reporting Toxic Chemicals with the Dioxin and Dioxin-like Compounds Category).

As EPA stated in the PBT final rule, “Facilities should continue to report releases and other waste management amounts greater than 1/10 of a pound (except for dioxin and dioxin-like compounds), at a level of precision supported by the accuracy of the underlying data and the estimation techniques on which the estimate is based” (64 FR 58734, October 29, 1999). EPA recommends that values such as 0.07 pounds either be rounded up to 0.1 pound or reported as they are if the underlying data and estimation techniques support that level of precision. However, it is up to the facility to determine, based on the accuracy of the underlying data and the estimation techniques on which the estimate is based, whether it would be appropriate to round the value to 0.1 pound, report the value as is, or round the value to zero.

Yes, disposal of dusts, shavings, or turnings containing Section 313 toxic chemicals is considered a release (40 CFR Section 372.3).

Yes. As long as the toxic chemicals are not under active shipping papers and the loading and the releases occur within the facility boundary, the releases must be reported if the facility meets the toxic chemical activity, employee, and NAICS code criteria.

No. In the above case, the chemicals in the tank truck are considered under active shipping until the shipping papers are signed at the loading dock. Section 327 of EPCRA states that '(e)xcept as provided in Section 304, this title does not apply to the transportation, including the storage incident to such transportation, of any substance or toxic chemical subject to the requirements of this title, including the transportation and distribution of natural gas.' In the above scenario, the material in the tank truck is considered to fall under the transportation exemption, and releases from this truck would be exempt from reporting under Section 313. This release, however, would be reportable under Section 304 of EPCRA, if the quantity of any extremely hazardous substance (EHS) or CERCLA hazardous substance released exceeds the reportable quantity (RQ) within a period of 24 hours. EPA would encourage the facility to include the amount in its Form R in order to provide the public with the full picture of benzene releases that occurred at the facility for that reporting year.

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).

The releases from lab hoods are point source air emissions. Therefore, the releases are reportable and should be accounted for in Part II, Section 5.2 of the Form R, if the facility exceeds an appropriate threshold. (See also Section 2D on the Laboratory Exemption.)

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 13, Section 3: Explosives Detonation).

Leaks from landfills need not be reported. EPA requires reporting of the amount of a toxic chemical placed in an on-site landfill during the year. The facility is not required to estimate migration from the landfill for years other than the reporting year.

Releases to underground injection wells, surface impoundments, or landfills should be reported. Estimates of amounts leaking from such disposal and possibly reaching groundwater should not be reported. EPA may model the potential for such leaks or migration, but does not require facilities to estimate such further migrations.

Amounts of listed toxic chemicals known to be manufactured on-site from the storage of raw materials, mixtures, or trade name products must be considered toward the manufacturing threshold for those chemicals. The term manufacture means 'to produce, prepare, import, or compound a toxic chemical.' If the mining facility has knowledge that a listed toxic chemical is manufactured on-site, the facility should count the amount of the listed toxic chemical manufactured toward the manufacturing threshold.

During the leaching, the ore pile is considered part of the facility’s process, and toxic chemicals in the pile should not be reported as a release to land. Once the leaching process is complete, and the ore pile is 'closed,' the facility will report the toxic chemicals remaining in the pile as a release to land in Part II, Section 5.5.4 (Other Disposal) of the Form R. However, amounts of listed toxic chemicals that escape the pile during the facility’s leaching process and are either released to land or surface water, for example, must be considered toward release calculations if a threshold has been exceeded.

No. A facility does not have to report toxic chemicals contained in an on-site stockpile of material that is intended for otherwise use on-site as a release to land on-site. However, any toxic chemical that escaped to air or remains in the soil from the stockpile material (e.g., evaporative losses to air, material leached to the ground, etc.) must be reported as released to the environment on-site. Once a covered facility meets the criteria for filing a Form R under EPCRA section 313 for a toxic chemical (such as benzene), all releases of that chemical at the facility are to be reported. Releases of chemicals that are not chemicals of special concern from the stock pile will be eligible for the de minimis exemption.

Yes. Use of a leachate and chemicals contained in the leachate for irrigation purposes is considered an otherwise use and amounts of listed toxic chemicals contained in the leachate must be counted toward the otherwise use threshold. Any listed toxic chemicals manufactured during the treatment of the leachate would also need to be considered toward the manufacturing threshold. The leachate, and listed toxic chemicals contained in the leachate, are also considered a waste and any otherwise use of listed toxic chemicals contained in the leachate are not eligible for the de minimis exemption. This is the case even though the listed toxic chemical in the leachate must be counted toward the otherwise use threshold. Also, the otherwise use of these chemicals for irrigation constitutes a release to land and would be reportable in Part II, Section 5.5.4 (Other Disposal) and Section 8.1.

There are several activities that are taking place in the above scenario that the facility needs to consider in terms of EPCRA section 313 reporting. The injection of sulfuric acid solution to extract certain metals is likely to result in the formation or manufacturing of listed toxic chemicals such as metal sulfate compounds. The amounts of listed toxic chemicals manufactured must be considered toward the facility's manufacturing threshold. The metal compounds are also being recovered for subsequent distribution in commerce, and these amounts must be considered toward the processing threshold. Metal compounds that are being re-injected are being released, but for purposes of EPCRA section 313 reporting, amounts of listed toxic chemicals re-injected and recirculated are not reportable as released provided that these amounts continue to be circulated. Any amounts known to escape the 'recirculating/leaching system' and remain in the leaching zone or otherwise escape within the reporting year would be considered a release.