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
2

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
3

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
4

Applicable Thresholds:
 Manufacture – to produce, prepare, import, or
compound a toxic chemical
 Caused to exist
 Coincidental manufacturing
 > 25,000 pounds
5

 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
6

 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
7

 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
8

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
9

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
10

11
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

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
13

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)
14

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
15

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
16

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
17

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.
18

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
19

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
20

Helpful resources:
 www.epa.gov
 TRI reporting instructions
 TRI reporting guidance documents
 Emission Factors/AP-42
 Frequently Asked Questions
 CDX Helpdesk – (888) 890-1995
21

Nikki Chavez
Manager, Environmental Consulting Services
iSi Environmental
215 S. Laura
Wichita, KS 67211
(316) 264-7050
nchavez@iSiEnvironmental.com
23

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

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