Changes to the Toxics Release Inventory

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What Should You Do? Complying with EPAs New
TRI Lead Reporting Rules Tuesday, May 7, 2002
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Cyber Conference Lead by Adam Browning EPA TRI
Program Coordinator Sponsored by IPC EMS
Management Council IPC Government Relations
Committee
3

• Contact IPC at 847-790-5384 for information
  onour many industry programs, including
• IPC Master Ordering Agreement for EMS
  Companies and OEMs
• (IPC- EMSI-TC2)
• EMexcess.com
• EMS Program Manager Training and
  Certification

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Changes to the Toxics Release Inventory

• Lower Thresholds for Lead and Lead Compounds

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Toxics Release Inventory
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EPCRA SECTION 313TOXICS RELEASE INVENTORY

• PROGRAM OVERVIEW
• Reporting Criteria
• Reporting Procedures
• NEW LEAD RULE
• LOWER THRESHOLDS FOR LEAD
• COMPLIANCE RESOURCES
• SPRING WORKSHOP SERIES
• PHONE NUMBERS/WEBSITES

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REPORTING REQUIREMENTS

• 10 or more employees
• In a covered SIC Code
• Manufacture, Process, or Otherwise Use a listed
  chemical over threshold amounts

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COVERED INDUSTRIES

• Manufacturing (SIC Codes 20-39)
• Mining
• Electricity Generation, Coal and Oil Only
• Commercial Haz Waste TSDs
• Solvent Recycling Services
• Petroleum Bulk Terminals
• Chemical Distributors

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Thresholds

• Most Chemicals (List of 650)
• 25,000 lbs for manufacturing or processing
• 10,000 lbs for otherwise using

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Manufacturing - generating a Section 313 chemical

• Intentionally producing chemicals for
• Sale
• Distribution
• On-site use or processing (e.g., intermediates)
• Coincidentally producing chemicals as impurities
  or byproducts
• At any point at the facility, including waste
  treatment and fuel combustion
• Importing
• Cause to be imported

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Processing - preparation of a Section 313
chemical for distribution in commerce

• Using as a reactant to manufacture another
  substance or product
• Adding as a formulation component
• Incorporating as an article component
• Repackaging for distribution
• Including quantities sent off-site for recycling
• As an impurity

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Otherwise using - includes most activities that
are not manufacturing or processing

• Examples
• Chemical processing aid
• Manufacturing aid
• Ancillary activities

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Thresholds

• PBT ChemicalsLower Thresholds
• 18 chemicals and chemical categories
• Thresholds between 100 lbs and 0.1 grams

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PBT Chemicals
309-00-2 72-43-5 40487-42-1 NA 79-94-7 1582-09-8
191-24-2 57-74-9 76-44-8 118-74-1 465-73-6 29082-7
4-4 608-93-5 1336-36-3 8001-35-2 7439-97-6 NA
NA
Dioxin and dioxin-like compounds includes
polychlorinated dibenzo-para(p) dioxins (CDDs)
and polychlorinated dibenzofurans (CDFs)
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TRI REPORTING PROCESS

Covered Primary SIC Code(s) or Federal facility?
NO
Ten Employees? (20,000 hours)
NO
YES
MPOU Section 313 Chemicals?
STOP
NO
YES
MPOU Thresholds Exceeded?
NO
YES
YES
A-15
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RELEASE DEFINITIONS

• Release
• Any spilling, leaking, pumping, pouring,
  emitting, emptying, discharging, injecting,
  escaping, leaching, dumping, or disposing into
  the environment
• Reportable Amount
• The sum of the on-site amounts released
  (including disposal), treated, combusted for
  energy recovery, and recycled, combined with the
  sum of the amounts transferred off site for
  recycling, energy recovery, treatment, and/or
  release (including disposal).

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TRI REPORTING PROCESS
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Exemptions

• Designed to reduce the burden of reporting
  associated with small or ancillary chemical uses
• If an exemption applies, then the amount of a
  Section 313 chemical subject to the exemption
  does not have to be included in
• Threshold determinations
• Release and other waste management reporting
• Recognize that exemptions only apply in certain
  limited circumstances

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Types of exemptions

• De minimis
• Articles
• Laboratory activities
• Otherwise use exemptions
• Motor vehicle maintenance
• Routine janitorial or facility grounds
  maintenance
• Structural components
• Personal use
• Intake water and air
• Mining (extraction activities and overburden)

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Article Exemption

• Article is defined as an item that is already
  manufactured and
• Is formed into a specific shape or design during
  manufacture and
• Has end-use functions dependent in whole or in
  part on its shape or design during end-use and
• Does not release a Section 313 chemical under
  normal processing or otherwise use conditions at
  a facility
• The articles exemption does not apply to the
  manufacture of articles

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More on Article Exemption

• Releases of a Section 313 chemical from an
  article may negate the exemption. To maintain
  the article status, total releases from all like
  items must be
• In a recognizable form or
• Recycled, directly reused or
• 0.5 pounds or less (may be rounded down to zero)
• If more than 0.5 pounds of a Section 313 chemical
  are released from all like items in a
  non-recognizable form and are not recycled or
  directly reused, none of the items meet the
  articles exemption

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Examples of Article Exemption

• Lead bricks incorporated into ships as ballast
  (by a ship builder)
• Copper wire that is received, cut, bent, and
  inserted into glass bulbs
• Sheet metal that is cut into appropriate shapes
  (provided shavings or scraps do not result in
  releases or non-recycled wastes)
• Bar stock used to make precision tuned parts
  without changing the basic dimensional
  characteristics when incorporated into the
  finished product

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New Lead Rule

• Effective for Reporting Year 2001 first reports
  due July 1, 2002
• Lowers threshold for Lead and Lead Compounds to
  100 lbs
• Other Changes
• de minimis exemption
• Form A exclusion
• Range Reporting

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Thresholds

• Lead and Lead Compounds
• New rule 100 lbs manufacture, process, or
  otherwise use.
• Lead in stainless steel, brass, and bronze alloys
  still reportable at 25,000 and 10,000 thresholds

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Stainless Steel?

• Lead in stainless steel, brass, and bronze alloys
  not effected by new rule
• Still reportable at 25,000 and 10,000 thresholds

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OTHER CHANGES

• DE MINIMIS EXEMPTION DOES NOT APPLY

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OTHER CHANGES

• FORM ACANT USE IT FOR LEAD

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OTHER CHANGES

• NO USE OF RANGE CODES

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Printed Circuit Board Issues

• Article Exemption
• Soldering Emissions

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Please Note . . .

• The following is EPA's application of the
  articles exemption to a specific fact scenario
  that was brought to the Agency. Facilities may
  find this answer to be helpful in determining
  reporting obligations, however, please be aware
  that the specific processes at a particular
  facility may indicate a different result.

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Article Exemption Question

• Many circuit boards have a thin film of lead on
  their surface. Assemblers bring the boards onto
  their facility, and at this point, the boards
  qualify for the article exemption. Let's call
  this board Item A. The facility then solders a
  component (Item B) onto the board. The lead on
  the board reflows, then solidifies. Let's call
  this new item (i.e., board with solder and
  component) Item C. How does the article
  exemption apply?

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Article Exemption Answer

• Item Cthe newly manufactured board with
  component--does not qualify for the articles
  exemption because one cannot take the articles
  exemption for the manufacture of an article.
• However . . .

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Answer, continued

• Items A and Item B may still qualify for the
  articles exemption.
• If there is less than 0.5 pound of lead released
  from all like boards during the reflowing of the
  lead, and
• If less than 0.5 pounds of lead is released from
  all like components during their attachment to
  the boards, then
• The boards and components individually could be
  considered articles

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Answer, Continued

• Which means
• then even though Item C (board with solder and
  component) doesn't qualify for the article
  exemption, the facility would only have to
  consider toward threshold and release and other
  waste management calculations those specific
  quantities of toxic chemicals in the solder.

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Article Question 2

• In a subsequent step the facility grinds off some
  of the newly applied solder. 0.5 lb of a toxic
  chemical is released during this step from all
  like items. Does that change anything?

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Article Q 2 Answer

• Because the facility grinds off the solder before
  Item C becomes a finished product, the grinding
  is considered part of the manufacture of Item C.
  Because the grinding step is part of the
  manufacture of Item C, it does not change the
  analysis outlined above and detailed in the 1998
  QA 347. As stated in the conclusion to Scenario
  1, the facility cannot claim the article
  exemption for the manufacture of Item C, but, as
  discussed in the conclusion to Scenario 1, this
  facility may still be able to claim the article
  exemption for the toxic chemicals in the board
  (Item A) and the component (Item B), that along
  with the solder, make up Item C.

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Again, in English?

• The manufactured board was never an article, so
  that does not change.
• The board and components can keep their article
  status.
• Calculate the amount of lead in the solder for
  threshold and release and waste management
  purposes.

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Remember . . .

• The answers above are EPA's application of the
  articles exemption to a specific fact scenario
  that was brought to the Agency. Facilities may
  find this answer to be helpful in determining
  reporting obligations, however, please be aware
  that the specific processes at a particular
  facility may indicate a different result.

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SOLDERING

• Q Know of an air emission factor for soldering?

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SOLDERING EMISSION FACTOR

• A study by the School of Public Health at the
  University of Illinois measured an average of 86
  mg/hr for uncontrolled lead emissions from three
  wave soldering lines.
• Available from the NIOSH website via a search at
  http//outside.cdc.gov/BASIS/niotic/public/tic/SF

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COMPLIANCE ASSISTANCE WORKSHOPS

• Series scheduled across the country this Spring
• Check website for dates and locations
• http//www.epa.gov/tri/report/training/

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OTHER RESOURCES

• Final Guidance Document
• http//www.epa.gov/tri/lawsandregs/lead/tri_pb_rul
  e.htm
• EPCRA Hotline
• 1-800-424-9346
• EPA Region 9
• www.epa.gov/region09/toxic/tri/index.html
• 1-415-947-8704

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Obtaining Guidance Docs

• To request that a copy of a TRI publication be
  mailed to you
• call [phone]
• or send an email to TRIDOCS_at_epa.gov"

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TRI HOMEPAGE

• EPAs Toxics Release Inventory Homepage at
  http//www.epa.gov/tri
• General information on the TRI program and
  program development
• Information on how to use the TRI data
• Access to TRI data (e.g., public data release,
  state fact sheets, links to TRI databases)
• Guidance documents for newly added industries and
  Section 313 chemicals

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TRI REPORTING SOFTWARE

• TRI Made Easy (TRI-ME)
• New Software
• Intelligent software tool that guides facilities
  in determining whether they have to report, and
  in completing forms.
• Automated TRI Reporting Software (ATRS)
• Electronic versions of TRI forms
• RY2001 will probably be the last year (will be
  replaced by TRI-ME)
• TRI Assistance Library (TRIAL)
• Indexed, searchable collection of key guidance
  documents
• To be mailed to all TRI-reporting facilities in
  Spring 2002

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SECTION 313 GENERAL GUIDANCE

• Toxic Chemical Release Inventory Reporting Forms
  and Instructions. U.S. EPA, Office of Information
  Analysis and Access. Available at
  http//www.epa.gov/tri
• EPCRA Section 313 Questions and Answers (Revised
  1998 Version). U.S. EPA, Office of Pollution
  Prevention and Toxics. December 1998. Available
  at http//www.epa.gov/tri/guidance.htm
• Common Synonyms for Chemicals Listed Under
  Section 313 of EPCRA. U.S. EPA, 1995.
• Consolidated List of Chemicals Subject to
  Reporting Under the Act (Title III List of
  Lists). U.S. EPA, Office of Solid Waste and
  Emergency Response. November 1998. Available at
  http//www.epa.gov/tri/guidance.htm

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SECTION 313 GENERAL GUIDANCE

• Emergency Planning and Community Right-to-Know
  Act-Section 313 Draft Guidance for Reporting
  Releases and Other Waste Management Activities of
  Toxic Chemicals Lead and Lead Compounds
• Draft Document available now, final version to be
  posted any day now.
• Available at http//www.epa.gov/tri/reporting_pb.h
  tm

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SECTION 313 TECHNICAL GUIDANCE

• Industry-specific technical guidance documents
  such as
• EPCRA Section 313 Reporting Guidance for Rubber
  and Plastics Manufacturing. U.S. EPA, Office of
  Environmental Information. May 2000. Available at
  http//www.epa.gov/tri/guidance.htm
• Guidance for new industries, available at
  http//www.epa.gov/tri/guidance.htm
• Chemical-specific guidance documents such as
• Guidance for Reporting Sulfuric Acid. U.S. EPA,
  Office of Pollution Prevention and Toxics. March
  1998. Available at http//www.epa.gov/tri/guidance
  .htm
• List of Toxic Chemicals within the Glycol Ethers
  Category. U.S. EPA, Office of Environmental
  Information. December 2000. Available at
  http//www.epa.gov/tri/guidance.htm
• Estimating Releases and Waste Treatment
  Efficiencies for the Toxic Chemical Release
  Inventory Form. U.S. EPA, 1988.

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SECTION 313 TECHNICAL GUIDANCE

• Technology Transfer Network (TTN)
• Internet http//www.epa.gov/ttn/
• Help Desk [phone]
• Compilation of Air Pollutant Emission Factors
  (AP-42)
• WATER9 program
• Updates WATER8, CHEMDAT8, and CHEM9
• TANKS program