Workshop EE. Best Practices for Preparing a Toxic Release Inventory (TRI) Report & Auditing Report. Wednesday, March 23, :00 a.m. to 9:30 p.m.

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1 Workshop EE Best Practices for Preparing a Toxic Release Inventory (TRI) Report & Auditing Report Wednesday, March 23, :00 a.m. to 9:30 p.m.

2 Biographical Information Amanda Jennings, Senior Consultant Trinity Consultants 8425 Pulsar Place, Suite 280, Columbus, Ohio Fax: Ms. Jennings is a Senior Consultant in Trinity s Columbus, Ohio, office and provides air quality support for various industries in Ohio, including but not limited to, petroleum refining/distribution, chemical manufacturing, surface coating, asphalt processing/shingle manufacturing, and fiberglass and foam insulation manufacturing. She has completed numerous projects over her 10 years of consulting experience ranging from minor and major source state construction permit to install (PTI) or permits to install and operate (PTIO) applications, Fee Emissions Reports (FERs), emissions inventories, Toxic Release Inventory Reports (TRIs), Title V operating permit renewal and modification applications, MACT and GACT general consulting/compliance assistance, and regulatory applicability analyses. Ms. Jennings graduated from Ohio University with a Bachelor of Science Degree in Chemical Engineering.

3 25 th Annual Conference on Air & Water Permits Environmental Permitting in Ohio Workshop EE Best Practices for Preparing a Toxic Release Inventory (TRI) Report March 23, 2016

4 Objectives Toxic Release Inventory (TRI) Brief background Prepare for reporting year (RY) 2015 TRI Review common reporting pitfalls

5 TRI Regulatory Background Section 313 of the Emergency Planning and Community Right to Know Act (EPCRA) of 1986 Enacted to facilitate emergency planning, to minimize the effects of potential toxic chemical accidents, and to provide the public with information on releases of toxic chemicals in their communities. The Pollution Prevention Act (PPA) of 1990 Mandates collection of data on toxic chemicals that are treated, recycled, and combusted for energy recovery. 40 CFR 372

6 TRI Basics Section 313 requires a TRI report annually for each listed chemical exceeding an activity threshold Manufactured, processed, or otherwise used 600+ chemicals listed Report due July 1, 2016 for reporting year (RY) 2015 Submit Form As and/or Rs Submit via TRI-MEweb

7 TRI Basics: Two Part Process Part 1: Applicability & Threshold Determination Part 2: Release/Waste Management Reporting Complete Form R or Form A for each 313 chemical exceeding the 25,000 lb or 10,000 lb activity threshold

8 Pitfall #1 Assuming what was done in the past is correct!

9 Preparation for RY 2015 TRI Examples of information to gather: Last year s TRI and calculation spreadsheet Purchasing/inventory records SDS; product specifications Air permits; actual emission calculations Monitoring records (e.g., CEMS, flow meters) Water permits; monitoring and discharge reports Waste manifests Waste profiles Annual waste reports Tier II report

10 Recordkeeping Requirements Facilities must keep a copy of each TRI report submitted for at least 3 years from the date of submission Facility must also maintain any documents, calculations, other forms upon which they relied to gather information to complete prior reports EPA also recommends facilities also keep records for those 313 chemicals for which they were not required to file a TRI.

11 Pitfall #2 Miaspplying the threshold activities Not identifying all threshold activities

12 Threshold Determination: Thresholds for Non-PBT Manufacture more than 25,000 pounds of the 313 chemical during the reporting year Process more than 25,000 pounds of the 313 chemical during the reporting year, or Otherwise use more than 10,000 pounds of the 313 chemical during reporting year Thresholds are mutually exclusive Example: Processes 20,000 lbs of Chemical X and manufactures 6,000 lbs of Chemical X. Chemical X is not reportable.

13 Threshold Determination: Manufacture Produce, Prepare, Compound, or Import For further on-site use/processing For sale/distribution As a byproduct Coincidental manufacture; following production it is separated from process stream As an impurity Coincidental manufacture; following production it is not separated but remains in the product for distribution in commerce

14 Threshold Determination: Processing Preparation of the 313 chemical for distribution in commerce Incorporation of the chemical into a product

15 Threshold Determination: Processing Processing: As a reactant Used in a chemical reaction for the manufacturer of another substance As a formulation component Added to a product as performance enhancer (e.g., flame retardant, dye) As an article component Becomes an integral component of an article that is distributed in commerce (e.g., paint pigments) Repackaging Preparation of distribution in commerce in a different form, state, or quantity (e.g., transfer of material from bulk container to smaller containers) As an impurity Chemical is processed but not separated and remains in the product (e.g., lead in wood products)

16 Threshold Determination: Otherwise Use Use of a 313 chemical not covered by manufacture or process Does not include disposal, stabilization, or treatment for destruction Unless: Chemical was received from off-site for purposes of further waste management Chemical that was disposed, stabilized or treated for destruction was manufactured as a result of waste management activities on materials received from off-site for purposes of waste management

17 Threshold Determination: Otherwise Use As a chemical processing aid Added to a reaction mixture to aid in the manufacture or synthesis of another substance but is not intended to remain in or become part of the product (e.g., process solvents, reaction terminators, catalysts, etc.) As a manufacturing aid Aids in manufacturing process but does not become part of product (e.g., process coolants, refrigerants, hydraulic fluids, etc.) Ancillary or other use Examples: cleaners, degreasers, fuels, water treatment chemicals, etc.

18 MPOU Examples Fuel Combustion Acid aerosols (HCl) and metal compounds (PbO) are coincidentally manufactured as byproducts 313 chemicals in the fuel prior to combustion are considered otherwise used Use of coatings Volatile 313 compounds are otherwise used Non-volatile 313 compounds are processed (e.g., pigments)

19 Threshold Determination The following are not TRI Threshold Activities: Storage Remediation of on-site contamination (assuming it is not manufactured during remediation) Re-labeling without repackaging Direct reuse onsite On-site recycling (not including wastes received form off-site) Transfers sent off-site for further waste management (not recycling) Still report releases/waste management from these activities if reporting threshold is exceeded through other non-exempt activities

20 Threshold Determination: Onsite Reuse For reuse operations, threshold is determined based on amount of 313 chemical added during the year, not the total volume in the system Example Ammonia refrigeration unit Does not apply to 313 chemicals recycled or reused off-site and then returned to a facility Treated as newly purchased material

21 Threshold Determination: Thresholds for PBTs Persistent, bioaccumulative, toxic 20 chemicals/chemical categories are PBT Aromatics, metals, and pesticides Lower thresholds for reporting Cannot use Form A Cannot use de minimis exemption Cannot use range codes Report in decimal amounts

22 PBT Chemicals and Thresholds (1 of 2) Chemical Aldrin Lead (not contained in stainless steel, brass, or bronze alloy) Lead compounds Methoxychlor Pendimethalin Polycyclic aromatic compounds (PACs) Tetrabromobisphenol Trifluralin Dioxin and Dioxin-like compounds Threshold 100 lbs 0.1 g

23 PBT Chemicals and Thresholds (2 of 2) Chemical Benzo[g,h,i]perylene Threshold 10 lbs Chlordane Heptachlor Hexachlorobenzene Isodrin Mercury Mercury Compounds Octachlorostyrene Pentachlorobenzene Polychlorinated biphenyls (PCBs) Toxaphene

24 Lead and Lead Compounds 100 lb threshold each; two separate 313 chemicals 100 lb PBT threshold applies for lead except when in stainless steel, brass, or bronze alloys Lead in these alloys subject to the standard thresholds (25,000 lb or 10,000 lb) Lead in alloys is in the elemental form not the lead compound form Lead typically found in metal ores, coal, wood, oil Lead compounds from combustion (e.g., PbO), paints, solders Guidance document available on-line (see helpful links slide)

25 Lead Adapted from EPA s Lead and Lead Compounds: Guidance for Reporting Releases and Other Waste Management Quantities of Toxic Chemicals: Lead and Lead Compounds (December 2001)

26 Polycyclic Aromatic Compounds (PACs) Examples: Benzo(a)anthracene, Dibenzo(a,h)pyrene Found in coal, fuel oil, asphalt Most uses of blacktop are NOT exempt Process roadways not exempt Employee parking lot exempt Guidance document available on-line (see helpful links slide)

27 Polycyclic Aromatic Compounds (PACs) Adapted from EPA s Polycyclic aromatic compounds (PACs) (August 2001)

28 Pitfall #3 Misapplication of activity exemptions

29 Activity Exemptions Otherwise Use Exemptions Article Exemptions De minimis Exemptions Other Exemptions

30 Otherwise Use Exemptions Structural component of facility* Process unit demolition or construction Routine janitorial or facility grounds maintenance* Asphalt paving Personal use by employees or other persons* Maintenance of motor vehicles operated by the facility Does not apply to manufacture of combustion byproducts in vehicle engines Chemicals contained in intake water or intake air *Does not apply for process-related equipment!

31 Manufactured item Article Exemption Must meet all of the following conditions: 1. Formed to a specific shape or design during manufacture Item retains initial thickness or diameter, in whole or in part 2. Has end use function dependent in whole or in part upon its shape or design during end use 3. Does not release a 313 chemical under normal conditions of processing or use of the item 0.5 lb or less from the sum of all releases from processing or otherwise use of all like articles

32 Article Exemption Examples Lead in lead acid batteries Releases negate article status Welding two metal articles together Article status for metal articles is not negated from releases from welding rods, but welding rods must be considered in threshold determination Metal wire or metal sheets: cutting, bending, punching, pressing, stamping Exempt (no changes thickness or diameter) Exemption does not apply to extrusion Watch for processes resulting in releases: welding, melting, grinding, that negate the exemption Does not apply to materials in the form of pellets, granules

33 De minimis Exemption Disregard minimal concentrations in mixtures in threshold and release calculations 0.1% or 1%, depending on chemical Does not apply to PBT chemicals or waste streams Does not apply to the manufacture of a 313 chemical unless it is an impurity or imported Concentration can straddle the de minimis threshold TRI chemical with 1% de minimis threshold contained in mixture at 0.1% - 5%. Exclude amount present at less than 1%.

34 De minimis Exemption Examples Facility combusts coal containing non-pbt chemical (manganese) below de minimis threshold Mn in coal is exempt from threshold/release calculations MnO manufactured as a result of coal combustion is a byproduct - not exempt If the ash is sold to another facility (not a waste), any MnO contained in the ash is eligible for de minimis exemption

35 Pitfall #4 Misapplication of chemical qualifiers

36 Chemicals with Qualifiers: MPOU Chemical Aluminum Aluminum Oxide Ammonia Asbestos Phosphorus (not phosphate) Nitrate Compounds Hydrochloric Acid Sulfuric Acid Vanadium Zinc Qualifier Only fume or dust Only fibrous form Only 10% aqueous form (100% of anhydrous form) Only friable form Only yellow or white form Only in aqueous solution Only in aerosol form Only in aerosol form Except when contained in alloy Only fume or dust

37 Chemicals with Qualifiers: Activity Chemical Dioxin or dioxin-like compounds Isopropyl Alcohol Qualifier Only if manufactured at the facility; or processed or otherwise used when present as contaminants in a chemical if created during the manufacture of that chemical Only if manufactured by the strong acid process Saccharin Only if manufactured Example for dioxins Manufacture: Coincidental manufacture during combustion Manufacture & Process: Dioxins are manufactured during the manufacture of Chemical A, then Chemical A is used to make Chemical C

38 Ammonia Anhydrous Ammonia 100% considered for thresholds and releases Includes air releases from aqueous ammonia Aqueous Ammonia (dissolved in water) Consider only 10% of total ammonia present in the aqueous solution for thresholds and releases

39 Chemical Categories Sum all individual members of the categories & compare to MPOU thresholds Do NOT include chemicals that are also individually listed Example: glycol ethers category and 2-methoxyethanol ( ) and 2-ethoxyethanol ( )

40 Metal Compound Category -Antimony Compounds -Arsenic Compounds -Barium Compounds -Beryllium Compounds -Cadmium Compounds -Chromium Compounds -Cobalt Compounds -Copper Compounds -Lead Compounds -Manganese Compounds -Mercury Compounds -Nickel Compounds -Selenium Compounds -Silver Compounds -Thallium Compounds -Vanadium Compounds -Zinc Compounds

41 Metal Category Compounds Two, separate threshold determinations If you exceed for both, file a combined report as the metal category compound* *unless there is a qualifier [e.g., zinc (as a fume or dust) and zinc compounds] Threshold Determination: Consider the total weight of metal compound (PbO) Release/Waste Management Calculations: Consider only the weight of the metal portion of the metal compound (Pb) Watch for chemicals that are part of two metal or other compound categories (e.g., lead chromate, cadmium cyanide)

42 Nitrate Compounds Only reportable when in aqueous solution (i.e., dissolved in water) For threshold determination: Use entire weight of nitrate compound (NaNO 3 ) For release/waste management calculations: Use only the weight of the nitrate portion of the compound (NO 3 )

43 Acid Aerosols Sulfuric acid and hydrochloric acid only reportable as aerosols Guidance documents available on-line (see helpful links slide)

44 Acid Aerosol Example A thermal incinerator combusts a waste stream containing chlorinated compounds, forming HCl. The waste stream is then sent to a scrubber to remove HCl prior to exhausting to the atmosphere. HCl aerosols are manufactured HCl aerosols are treated for destruction on-site by the scrubber Any recovered HCl in the scrubber fluid is not reportable

45 Pitfall #5 Using the incorrect TRI chemical concentrations.

46 Mixtures Guidelines for determining concentrations of 313 chemicals in mixtures If only upper bound of concentration range provided, use it If upper and lower bounds provided, use midpoint If only lower bound concentration known, determine a reasonable upper bound and determine a midpoint Only lower bound concentration with no other information, use an upper bound of 100% and determine midpoint For threshold and release/waste management calculations

47 Mixtures Example Solvent contains xylene (>20%), toluene (<5%), and ethylbenzene (1-5%) Ethylbenzene Use midpoint (1%+5%)/2 = 3% Toluene Use upper bound, 5% Xylene Subtract out other known constituents: 100% - 5% - 3% = 92% Determine midpoint: (92% + 20%) / 2 = 56% xylene

48 Pitfall #7 Form R or Form A errors

49 Common Errors Estimate the quantity of the 313 chemical in the waste stream, not the entire waste stream Beware of chemicals with qualifiers! Stack vs. Fugitive Air Emissions Storage tank emissions = stack Building vent = fugitive Stockpiles/Surface impoundments = releases to land

50 Common Errors Report waste treatments that occur, even if the treatment method does not treat the TRI chemical Metals cannot be treated for destruction Use NA vs. 0 Na = not applicable/no possibility of release or transfer 0 = release or transfer was 0.5 lb

51 Common Errors Don t ignore Data Quality Alerts Compare current to previous year Be prepared to explain significant differences

52 TRI Revisions What if you succumbed to one or more pitfalls in the past?

53 Enforcement Action Triggers EPA may take enforcement action and assess civil administrative penalties regarding corrections to errors in Form R reports that are not changes based on previously unavailable information or procedures which improve the accuracy of the data initially reported. Errors caused by not using the most readily available information, for example, not using monitoring data collected for compliance or other purposes with other regulations in calculating releases; omitting a major source of emissions; a mathematical or transcription or typographical error which seriously compromises the accuracy of the information, and; other errors which seriously affect the utility of the data, particularly errors in release reporting for which the facility has no records showing the derivation of the release calculation, and cannot provide a sufficient explanation of the report.

54 Pitfall #8 Not using available guidance

55 2015 Forms & Instructions Helpful Links Guidance Documents: General, Industry/Process Specific, and Chemical Specific Frequent Questions TRI-Meweb Resources CDX

56 Guidance Available Examples of chemical specific guidance documents Lead & Lead Compounds Mercury & Mercury Compounds Aqueous Ammonia Nitrate Compounds Hydrochloric Acid aerosols Sulfuric Acid Aerosols Dioxin and Dioxin-like Compounds

57 Guidance Available Examples of Industry Specific Electricity Generating Metal or Coal Mining Petroleum Terminals and Bulk Storage Food Processors Coal Mining Textile Processing

Form S Chemical Reporting Challenges. Rich Bizzozero, Director Office of Technical Assistance May 2018

Form S Chemical Reporting Challenges Rich Bizzozero, Director Office of Technical Assistance May 2018 Before You Get Started Review and know what chemicals are on the list Know what chemicals are used