Chavez, Nikki, iSi Environmental, Form R Tips and Trip Ups, MECC, 2016, Overland Park

Form R Tips and Trip Ups

Nikki Chavez, CHMM

Manager, Environmental Consulting Services


Many Names for the Same Thing….

Emergency Planning and Community Right to

Know Act (EPCRA) Section 313

Superfund Amendments and Reauthorization

Act (SARA) 313

Toxic Chemical Release Inventory (TRI)

Form R

40 CFR Part 372

Not to be confused with Tier II

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Purpose of Form R:

To inform the general public,

and the communities

surrounding covered facilities,

about releases and other waste

management of toxic chemicals

To provide EPA with release and

other waste management

information to assist the Agency

in determining the need for

future regulations

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Reporting Criteria:

Owners and operators of facilities that meet all

of the following must file a report:

1. The facility has 10 or more full-time employee

equivalents;

2. The facility has an applicable Standard Industrial

Classification (SIC) Code; and,

3. The facility has manufactured, processed, or

otherwise used a toxic chemical in excess of the

applicable threshold quantity.

Toxic chemicals and chemical categories can be found in 40 CFR

Part 372.65

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Applicable Thresholds:

Manufacture – to produce, prepare, import, or

compound a toxic chemical

Caused to exist

Coincidental manufacturing

> 25,000 pounds

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Process – the preparation of a toxic chemical,

after its manufacture, for distribution in

commerce:

1) Same form or chemical state as it was received, or

2) As part of an article containing the toxic chemical

> 25,000 pounds

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Otherwise Use– any use of a toxic chemical,

including a toxic chemical in a mixture, that is

not covered under manufacture or process

> 10,000 pounds

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Applicable Thresholds: Remember – you’re looking at the chemical

constituents/components that make up the product or

item

Use your SDSs to determine % of chemical

constituents/components

If the chemical isn’t on the list, then you don’t need to report for it

(reference EPA’s List of Lists)

Remember – you’re reporting in pounds

Volumes must be converted to weights using the data provided on

the SDS

Remember – you’re reporting for cumulative

manufacturing, processing, or otherwise use over the

course of a calendar year

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Alternate Threshold (Form R vs Form A):

Facilities that meet reporting thresholds can

file a Form A if:

They store less than 1 million pounds of the toxic

chemical, and

Do not release, dispose of, recycle, treat, recover,

burn, or transfer off-site a total of more than 500

pounds of the toxic chemical

Applied on a chemical-by-chemical basis

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Lower Thresholds:

Toxic chemicals, and chemical compound

categories, considered to be persistent,

bioaccumulative, and toxic (PBT) by EPA are

subject to significantly reduced thresholds:

16 PBT chemicals

4 PBT chemical categories

PBT thresholds can be found in 40 CFR Part 372.28

Form R Schedule 1 – dioxin and dioxin-like compounds only

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Category Name CAS Number Reporting Threshold

(in pounds)

Aldrin 309-00-2 100

Benzo(g,h,i)perylene 191-24-2 10

Chlordane 57-74-9 10

Heptachlor 76-44-8 10

Hexachlorobenzene 118-74-1 10

Isodrin 465-73-6 10

Lead 7439-92-1 100

Mercury 7439-97-6 10

Methoxychlor 72-43-5 100

Octachlorostyrene 29082-74-4 10

Pendimethalin 40487-42-1 100

Pentachlorobenzene 608-93-5 10

Polychlorinated biphenyl

(PCBs) 1336-36-3 10

Tetrabromobisphenol A 79-94-7 100

Toxaphene 8001-35-2 10

Trifluralin 1582-09-8 100


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Category Name TRI Category #

Reporting Threshold

(in pounds unless noted

otherwise)

Dioxin and dioxin-like compounds

(manufacturing; and the

processing or otherwise use of

dioxin and dioxin-like compounds if

the dioxin and dioxin-like

compounds are present as

contaminants in a chemical and if

they were created during the

manufacturing of that chemical)

N150 0.1 grams

Lead Compounds

Lead and Lead Compounds have

special reporting thresholds. Refer

to the Guidance Documents page

for more information.

N420 100

Mercury compounds

N458 10

Polycyclic aromatic compounds

(PACs) N590 100

https://www.epa.gov/tri/guidance-documents


Several exemptions….

De minimis Toxic chemicals present at a concentration of <1%, or <0.1% if

the toxic chemical is a carcinogen, in a mixture, or other trade

name products, processed or otherwise used

Does not apply to PBT chemicals or manufacturing of chemicals

Article Quantities of a listed toxic chemical contained in an article

which does not release a toxic chemical under normal

conditions of processing or otherwise use

Releases includes cutting, grinding, melting would not meet the

exemption unless they are recycled or <0.5 pounds

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More exemptions….

Uses As a structural component of the facility

As routine janitorial or facility grounds maintenance

Personal use by employees at the facility – food, drugs,

cosmetics, or other personal items containing toxic chemicals

Products containing toxic chemicals for the purpose of

maintaining motor vehicles operated at the facility

Toxic chemicals contained in intake water (used for processing

or noncontact cooling) or in intake air (used as compressed air

or for combustion)

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Still more….

Laboratory Exemption

Toxic chemicals manufactured, processed, or used in a lab at a facility

under the control of a qualified technician (some exclusions)

Coal-Extraction Exemption

Manufacture, process, or used by facilities in SIC Code 12

Metal Mining Overburden Exemption

Processed or used by facilities in SIC Code 10

Owners of Leased Property

Owners don’t have to report if their only interest in the facility is

ownership – lease space to operator(s)

Trade Secret Claims

Exemption may be requested from EPA

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If your not confused yet…..

Ensure you use the correct % from the SDS

Exact % = use that number

Range % = use the mid-range

Range % straddling De minimis level = have to use

applicable EPA formula to determine

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Still not confused…..

Ensure you report for components of metals

used in manufacturing such as steel,

aluminum, brass, etc.

Be sure to report “parent” metal (e.g. nickel) and/or

metal compounds (e.g. nickel compounds) correctly

If you exceed for both the “parent” metal and metal

compounds (e.g. chromium and chromium

compounds) you can file one combined Form R

Be sure to look at the article exemption

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There’s more…..

Ensure you report solvent component of

coatings as “otherwise used”

The solvent is the “carrier” and does not become a

part of the finished piece

Some activities could have two thresholds

Ensure you account for all your releases –

NPDES discharges, POTW, spills, air emissions,

etc.

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Changes every year….

Ensure you are utilizing the current RY forms

and instructions

Chemical Additions/Changes – 2015 Version:

Nonylphenol Category – report forms due July 1, 2016

1-Bromopropane (CAS No. 106-94-5) – report forms due July

1, 2017

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Form R submittal:

Due July 1st for previous RY

Must be filed electronically through the Central

Data Exchange (CDX) via TRI-Meweb

Online accounts required for:

Preparer/Submitter

Certifying Official – CDX must have on file Electronic

Signature Agreement

Maintain records for at least 3 years

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Helpful resources:

www.epa.gov

TRI reporting instructions

TRI reporting guidance documents

Emission Factors/AP-42

Frequently Asked Questions

CDX Helpdesk – (888) 890-1995

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http://www.epa.gov/

Questions?

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Nikki Chavez

Manager, Environmental Consulting Services

iSi Environmental

215 S. Laura

Wichita, KS 67211

(316) 264-7050

[email protected]

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mailto:[email protected]

Chavez, Nikki, iSi Environmental, Form R Tips and Trip Ups, MECC, 2016, Overland Park

Environment

Transcript of Chavez, Nikki, iSi Environmental, Form R Tips and Trip Ups, MECC, 2016, Overland Park