OVERVIEW OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)

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TRI UPDATE

• Program Updates
• Chemical list changes
• Reporting form changes
• TRI-ME Reporting Software
• Form R submissions/revisions
• Guidance (Key Information for Reporting)
• EPA Audit Policy

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EPCRA Reporting Center / TRI Data Processing
Center

• The operations for the TRI Data Processing Center
  are now managed under the Agencys new CDX
  Contract awarded to Computer Sciences Corporation
  (CSC).
• The former EPCRA Reporting Center is now known as
  the TRI Data Processing Center.
• The transition occurred in December 2002.

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TRI Data Processing Center Contact Information -
Address

• For hand courier, certified mail, fed ex, UPS
  delivery
• TRI Data Processing Center
• c/o Computer Sciences Corporation
• Suite 300
• 8400 Corporate Drive
• Landover, MD 20785
• For regular mail
• TRI Data Processing Center
• P.O. Box 1513
• Lanham, MD 20703-1513

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TRI Data Processing CenterContact Information
Phone and Fax

• The main number for the CDX Facility / EPA
  Reporting Center is 301-429-5005. The TRI Data
  Processing Center extension is on the voice tree
  selections.
• The TRI fax number is 301-429-8036.

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Facility Data Profiles

• In September 2003, EPA sent each facility an
  e-mail or letter informing them how to access
  their own TRI eFDP to make corrections, if
  necessary, to the data they submitted on or
  before July 1, 2003 for RY 2002.
• Facilities that have not provided an e-mail
  address are strongly encouraged to do so. By
  providing an e-mail address, facilities will be
  notified when their eFDP has been updated and
  will also be notified of program updates.
• For facilities who had problems accessing their
  FDPs, or did not have internet access, the
  following support was made available.
• FDP Support Hotline [phone]
• E-mail tri_efdp_at_csc.com

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STAKEHOLDER DIALOGUE

• OEI conducted Phase I of the stakeholder process
  in an effort to enhance the TRI program and
  obtain input on the future direction of the
  program.
• Comments were solicited for 60 days on how to
  streamline the processing and release of data
  without impacting data quality improve
  compliance assistance and improve the public
  data release.
• OEI initiated Phase 2, with a focus on burden
  reduction options for TRI reporting requirements.
  Comments were solicited until Feb. 4, 2004.

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MOST RECENT CHEMICAL LIST CHANGES

• Phosphoric acid deleted, effective RY 1999
• Chromium compounds qualifier added (except for
  chromite ore mined in the Transvaal Region of
  South Africa and the unreacted ore component of
  the chromite ore processing residue (COPR)) (May
  11, 2001)
• Vanadium (except when contained in alloy) and
  vanadium compounds added, effective RY 2000
• Certain PBT chemicals added, effective RY 2000,
  in the PBT final rule (October 29, 1999 64 FR
  58666)

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MOST RECENT CHEMICAL LIST CHANGES

• Final rule designates lead and lead compounds as
  PBT chemicals (January 17, 2001 66 FR 4500)
• Lead (except when contained in stainless steel,
  brass or bronze alloys) 100 pound threshold
• Lead compounds 100 pound threshold
• Reporting under new rule began for RY 2001

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REPORTING FORM CHANGES

• Addition to Form R for RY 2002
• Technical contact e-mail box
• Several changes to the Form R were implemented
  for RY 2003
• Part II, Section 5.5.3 Surface Impoundments has
  been divided into 5.5.3A RCRA Subtitle C
  Surface Impoundments and 5.5.3B Other Surface
  Impoundments
• Part II, Section 8.1 has been divided into 8.1a
  Total on-site disposal to Class I Underground
  Injection Wells, RCRA Subtitle C landfills, and
  other landfills 8.1b Total other on-site
  disposal or other releases 8.1c Total off-site
  disposal to Class I Underground Injection Wells,
  RCRA Subtitle C landfills, and other landfills
  and 8.1d Total other off-site disposal or other
  releases
• The M codes used in Column C of section 6.2 of
  the Form R have been updated. M63 (Surface
  Impoundment) was deleted and replaced by M codes
  M66 (RCRA Subtitle C Surface Impoundment) and M67
  (Other Surface Impoundments). M71 (Underground
  Injection) was deleted and replaced by M codes
  M81 (Underground Injection to Class I Wells) and
  M82 (Underground Injection to Class II-V Wells).

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GUIDANCE

• More recent TRI guidance documents for the
  following industries
• Presswood and Laminated Products Industry
• Rubber and Plastics Manufacturing
• Printing, Publishing and Packaging Industry
• Textile Processing Industry
• Leather Tanning and Finishing Industry
• Semiconductor Industry
• Spray Application and Electrodeposition of
  Organic Coatings
• Food Processors

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GUIDANCE

• Aqueous Ammonia
• Dioxin and Dioxin-like Compounds Category
• Chlorophenols
• Certain glycol ethers
• EBDC
• Hydrochloric acid aerosols
• Lead and Lead Compounds
• Mercury and Mercury Compounds
• Nicotine and Salts
• Nitrate compounds
• Pesticides and Other Persistent Bioaccumulative
  Toxic (PBT) Chemicals
• Polychlorinated alkanes
• Polycyclic aromatic compounds
• Strychnine and salts
• Sulfuric acid aerosols
• Wafarin and salts

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TRI-ME REPORTING SOFTWARE

• The TRI-Made Easy (TRI-ME) Reporting Software was
  distributed originally as a pilot in RY 2000, and
  is currently available to all facilities.
• At the present time, TRI-ME is distributed each
  reporting year via CD-ROM to all facilities who
  have reported to TRI in the last two reporting
  years. The software is also available as a
  download from EPAs website at www.epa.gov/tri.
• The TRI-ME software is an interactive,
  intelligent, user-friendly software program that
  assists facilities in determining and completing
  their TRI reporting obligations.
• TRI-ME allow users to access and search the
  softwares Assistance Library. TRI-ME is
  intelligently linked to the Assistance Library so
  that the user can view pre-selected TRI
  definitions and guidance from the Assistance
  Library that are relevant to specific TRI-ME
  screens.

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TRI ASSISTANCE LIBRARY

• The Assistance Library is contained within the
  TRI-ME software. The Assistance Library is a
  self-contained help system that includes
• Electronic versions, or links to electronic
  versions, of the statutes, regulations, executive
  orders, chemical-specific guidance documents, and
  industry-specific guidance documents
• Keyword and full text search capabilities on
  these guidance documents
• Links to the EPA websites, including EPAs
  homepage, the TRI website, and other useful
  websites that will assist with TRI reporting

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TRI-ME REPORTING SOFTWARE

• Guides facilities in completing the Form R and
  Form A Certification Statement by explaining each
  element of the form through a questionnaire
  format.
• Guides the user through the process of
  determining whether the facility must report
  based on the facilitys primary SIC code and the
  number of employees hours. Helps determine the
  primary SIC code.
• Guides facilities through process of determining
  whether they exceed the chemical activity
  thresholds.
• Allows expert TRI users to bypass most of the
  TRI-ME guidance and directly enter the data into
  the forms.

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TRI-ME REPORTING SOFTWARE

• Streamlines the completion of Form R (e.g., Part
  II, section 7A information on waste treatment
  methods).
• Prevents facilities from making common errors
  while completing the Form R and Form A
  Certification Statement.
• Checks (validates) the forms to identify critical
  errors that must be corrected before submitting
  the forms to EPA. Also, suggests potential
  errors for user review.
• Allows users to print their forms on paper or to
  create a diskette, or to submit electronically.

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TRI-ME REPORTING SOFTWARE

• Recent Improvements to TRI-ME
• Enhanced load function, including loading from
  3rd party software, that populates more fields
  than previous versions of the software
• Reporting by part enabled
• State contact information tab
• Electronic submission with electronic signature

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TRI-ME REPORTING SOFTWARE

• Electronic submission of forms
• Facilities who have filed in the last two years
  may submit electronically via EPAs Central Data
  Exchange (CDX), the Agencys central portal for
  environmental data
• New as of RY 2002, these electronic submissions
  use an electronic signature (mail-in of hard
  copy signed letter no longer required)
• Security Your information is protected by
  username and password (and secret
  question/answer) that you create
• Provides burden reduction saves time over
  conventional submission methods

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TRI-ME AND CDX SUPPORT

• Check the TRI homepage at www.epa.gov/tri for
  current information.

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FORM R SUBMISSIONS/REVISIONS

• Reminder
• To be included in the TRI Explorer version
  distributed with the most current TRI data
  release, voluntary revisions must be submitted by
  July 31 of the same year as the reporting deadline

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SUBMITTING REVISIONS

• Facilities may revise their forms by submitting
  forms via Central Data Exchange (CDX), magnetic
  media, or paper. However, the use of CDX will
  enable you to submit your revisions in the
  fastest, cheapest, and most accurate way through
  our paperless process.
• How to Revise or Withdraw TRI Data instructions
  can be found on page 3 of the RY 2003 Toxic
  Chemical Release Inventory Reporting Forms and
  Instructions. Provide a new original signature
  and date for each revision
• EPA encourages you to use TRI-ME to submit and
  revise your TRI submission(s) via the Internet.
  TRI-ME allows you to submit to EPA without the
  need for mailing any paper (electronic submission
  is not available for trade secret forms). If you
  choose to submit via the Internet, DO NOT send
  duplicate paper or diskette copies of the
  reports. Please be aware that submitting via the
  Internet to the USEPA does not satisfy your state
  reporting requirements for your facility. You
  must report to your state separately and in the
  required format specified by your state (i.e.,
  diskette, paper, etc.)

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SUBMITTING REVISIONS Cont.

• If you have any questions about the electronic
  submission process, call 888-890-1995 between the
  hours of 800AM 600 PM Eastern Time. For
  additional information about CDX, please see
  www.epa.gov/cdx/
• If using a Facility Data Profile (FDP), please
  follow the instructions provided in the FDP.
  FDPs can be found at www.tri_efdp.org.
• If using a file copy Form R or Form A
  Certification to revise data, please make changes
  directly on the form with blue ink and check the
  revision box found on Page 1 of the Form R or
  Form A Certification Statement. Be sure to have
  the Certifying Official provide an original
  signature and date directly on the form under
  Part I, Section 3 for the Form R and Form A
  Certification Statement.

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FORM R SUBMISSIONS/REVISIONS

• Reminder
• Form R submitted to replace previously filed Form
  A Certification Statement
• Considered to be a late submission of a Form R
  and a request for a withdrawal of the previously
  filed Form A Certification Statement
• Do not check the revision box!
• For a change in the 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.

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THRESHOLD GUIDANCE

• Reminder
• Section 313 chemicals coincidentally manufactured
  (including from exempt otherwise use activities)
  must be considered towards the manufacturing
  threshold
• Acid aerosols and metal compounds manufactured as
  by-products of fuel combustion

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ACID AEROSOLS THRESHOLD GUIDANCE

• Closed-loop acid reuse systems (sulfuric and
  hydrochloric acid only)
• Acid aerosol manufactured and otherwise used
• Simplified method of estimating quantity for
  threshold determination
• Total Amount of Total Virgin Acid
• Acid in Reuse System Added in RY
• Amount Acid Aerosols Manufactured/Otherwise
  Used

• Acid reuse systems (sulfuric and hydrochloric
  acid only)
• Acid aerosol manufactured and otherwise used
• Simplified method of estimating quantity for
  threshold determination
• Total Amount of Total Virgin Acid
• Acid in Reuse System Added in RY
• Amount Acid Aerosols Manufactured/Otherwise
  Used

• See EPAs Guidance for Reporting Sulfuric Acid
  (Ref. 1) and Guidance for Reporting Hydrochloric
  Acid (Ref. 6) for specific calculations

• See EPAs Guidance for Reporting Sulfuric Acid
  (Ref. 1) for specific calculations

H-25
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THRESHOLD GUIDANCE - COMBUSTION

• Section 313 chemicals may be coincidentally
  manufactured during combustion of
• Oil
• Coal
• Natural gas
• Waste
• Other materials

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COMBUSTION METAL COMPOUNDS

• Amount of metal compound manufactured is
  determined by the total weight of the compound,
  not the parent metal
• Be comprehensive include all metal compounds and
  all combustion units and any other activities
  that may manufacture metal compounds

• Releases and other waste management estimates are
  based on the weight of the parent metal

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THRESHOLD GUIDANCE

• Reminder
• For threshold determinations, the definitions of
  manufacture, process, and otherwise use
  currently do not include Section 313 chemicals
  that are
• Remediated
• Treated in wastes generated on site
• Stored
• Recycled on-site for use on-site
• Transfers sent off-site for further waste
  management (not including recycling)
• These activities do not constitute threshold
  activities, but may not be exempt from reporting
  if threshold is exceeded through other activities
  unless specifically eligible for one of the
  reporting exemptions

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EXEMPTION GUIDANCE

• Reminder
• Section 313 chemicals in gasoline used to refuel
  motor vehicles not operated by the facility are
  considered processed and do not qualify for the
  motor vehicle maintenance exemption
• Laboratory activities exemption only applies to
  certain activities that take place in a
  laboratory
• Chemicals manufactured during operation of a
  combustion engine do not qualify for the motor
  vehicle maintenance exemption, and must be
  included as part of manufacturing threshold
  calculations

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RELEASE ESTIMATES

• Helpful hints for accurate release estimates
• Always use your best available information
• Estimate the quantity of Section 313 chemical,
  not the entire waste stream
• Differentiate fugitive from stack emissions
• Zero air emissions for VOCs are unlikely
• Watch out for releases of Section 313 chemicals
  with qualifiers
• Check your math and document your work!
• Result of release estimation errors
• Incorrect release estimates and inconsistencies
  from year to year

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AMMONIA GUIDANCE

• Ammonia
• Requires 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) be 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
• Effective RY 1994

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NITRATE COMPOUNDS GUIDANCE

• Water dissociable nitrate compounds category
• For threshold determinations, use the weight of
  the entire nitrate compound
• Calculate only the weight of the nitrate ion
  portion when calculating releases and other waste
  management quantities
• Nitrate compounds are produced most commonly when
  nitric acid is neutralized
• Includes compounds like sodium nitrate, silver
  nitrate, and ammonium nitrate

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METALS AND METAL CATEGORY COMPOUNDS GUIDANCE

• Elemental metals and metal compound categories
  are separately listed chemicals 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
• If threshold exceeded for both the elemental
  metal and metal category compound (e.g., nickel
  and nickel compounds), you have the option to
  report separately or file one combined report
• If filing a combined report, file as metal
  category compound

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METAL CYANIDE COMPOUNDS GUIDANCE

• A metal cyanide compound such as cadmium cyanide
  will require separate reporting under both
  cadmium and cyanide
• For reporting the metal, use the entire weight of
  the compound for threshold determinations, and
  only the weight of the metal portion of the
  compound for release and other waste management
  reporting.
• For reporting cyanide, use the weight of the
  entire compound for threshold determinations, and
  also the weight of the entire compound for
  release and other waste management reporting.
• The qualifier for cyanide compounds states
• XCN- where XH or any other group where a
  formal dissociation may occur. For example, KCN
  or Ca(CN)2

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EPA AUDIT POLICY

• Audit Policy enhances environmental protection
  through incentives for companies to self-police,
  disclose and correct violations
• Companies that satisfy the Policys criteria are
  eligible for up to 100 reductions in otherwise
  applicable penalties
• Since implemented in 1995, over 1,500 companies
  have self-disclosed violations at over 6,065
  facilities under the policy

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EPA AUDIT POLICY

• Conditions to qualify (nine criteria)
• Systematic Discovery of the Violation through
  Environmental Audit or Due Diligence
• Voluntary Discovery
• Prompt Disclosure
• Discovery and Disclosure Independent of
  Government or Third Party Plaintiff
• Correction and Remediation
• Prevent Recurrence
• No Repeat Violations
• Other Violations Excluded
• Cooperation
• For more information, including a copy of the
  Audit Policy (revised in May 2000), visit
• http//www.epa.gov/compliance/incentives/auditing/
  auditpolicy.html

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EPCRA SECTION 313 ENFORCEMENT

• Companies violating any statutory or regulatory
  requirement are subject to penalties of up to
  27,500 per day per violation
• Companies subject to citizen suits and could also
  be liable for attorney fees and litigation costs
• Governments penalty is determined by applying
  the Enforcement Response Policy (ERP) to each
  violation

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EPCRA SECTION 313 ENFORCEMENT

• It is important to file your TRI reporting form
  on time. This year, EPA enforcement initiated
  enforcement actions against hundreds of
  facilities that failed to report on time. These
  facilities could face fines up to 27,500 per
  violation per day. These enforcement actions
  will be highlighted in an Enforcement Alert
  Bulletin to be distributed in this years
  Reporting Forms and Instructions, and to be
  available on the Internet at
• http//www.epa.gov/Compliance/resources/newslette
  rs/civil/enfalert/index.html