page 1 what should you do?: complying with epa’s new tri lead reporting rules tuesday, may 7, 2002

What Should You Do?:

Complying with EPA’s New

TRI Lead Reporting Rules

Tuesday, May 7, 2002

Cyber ConferenceLead by

Adam BrowningEPA TRI Program Coordinator

Sponsored by IPC EMS Management Council

&IPC Government Relations Committee

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

Changes to the Toxics Release Inventory

Lower Thresholds for Lead and Lead Compounds

EPAREGION 9

Toxics Release Inventory

Community Right-to-KnowCommunity Right-to-KnowAdam Browning, U.S. EPA

(415) [email protected]

EPCRA SECTION 313:TOXICS RELEASE INVENTORY

• PROGRAM OVERVIEWReporting CriteriaReporting Procedures

• NEW LEAD RULE• LOWER THRESHOLDS FOR LEAD

• COMPLIANCE RESOURCES• SPRING WORKSHOP SERIES• PHONE NUMBERS/WEBSITES

REPORTING REQUIREMENTS

• 10 or more employees

• In a covered SIC Code

• Manufacture, Process, or Otherwise Use a listed chemical over threshold amounts

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

Thresholds

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

• 10,000 lbs for otherwise using

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

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

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

Examples• Chemical processing aid

• Manufacturing aid

• Ancillary activities

Thresholds

• PBT Chemicals—Lower Thresholds• 18 chemicals and chemical categories

• Thresholds between 100 lbs and 0.1 grams

PBT Chemicals

Chemical Name or Category CAS RN

100 Pound Threshold:

AldrinMethoxychlorPendimethalinPolycyclic Aromatic CompundsTetrabromobisphenol ATrifluralin10 Pound Threshold:

Benzo(g,h,i)peryleneHeptachlorHexachlorobenzeneIsodrinOctachlorostyrenePentachlorobenzenePCBsToxapheneMercuryMercury Compounds0.1 Gram Threshold

Dioxin and dioxin-like compounds*

309-00-272-43-540487-42-1NA79-94-71582-09-8

191-24-257-74-976-44-8118-74-1465-73-629082-74-4608-93-51336-36-38001-35-27439-97-6NA

NA

Dioxin and dioxin-like compounds * includes polychlorinated dibenzo-para(p) dioxins (CDDs) and polychlorinated dibenzofurans (CDFs)

TRI REPORTING PROCESS

STO

P

Reporting Thresholds Met; Form R/Form A Required

*MPOU: Manufacture (including import), process, or otherwise use

YES

YES

YES

NO

NO

NO

NO

YES

Covered Primary SIC Code(s) or Federal facility?

Ten Employees?(20,000 hours)

MPOU*Section 313Chemicals?

MPOU*ThresholdsExceeded?

A-15

Reporting Exemptions

Introduction to TRI

Form R/Form A

PBT Overview

Introduction Introduction to TRIto TRI Determining

Thresholds

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).

TRI REPORTING PROCESS

Identify Section 313 chemicals manufactured, processed, or

otherwise used atthe site

Determine thequantity of Section 313 chemicals and how they are

manufactured, processed, or

otherwise used on-site

Identify totalreleases and

off-site transfers

Identify otherwaste management

practices

Identify source reductionactivities

CompleteForm

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 determinationsRelease and other waste management reporting

• Recognize that exemptions only apply in certain limited circumstances

Types of exemptions

De minimisArticlesLaboratory activitiesOtherwise use exemptions

• Motor vehicle maintenance• Routine janitorial or facility grounds maintenance• Structural components• Personal use• Intake water and air

Mining (extraction activities and overburden)

Article Exemption

• Article” is defined as an item that is already manufactured and: Is formed into a specific shape or design during

manufacture; andHas end-use functions dependent in whole or in part on

its shape or design during end-use; andDoes 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

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; or0.5 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

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

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

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

Stainless Steel?

• Lead in stainless steel, brass, and bronze alloys not effected by new rule

• Still reportable at 25,000 and 10,000 thresholds

OTHER CHANGES

• DE MINIMIS EXEMPTION DOES NOT APPLY

OTHER CHANGES

• FORM A—CAN’T USE IT FOR LEAD

OTHER CHANGES

• NO USE OF RANGE CODES

Printed Circuit Board Issues

• Article Exemption

• Soldering Emissions

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.

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?

Article Exemption Answer

• Item C—the 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 . . .

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

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.

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?

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 Q&A 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.

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.

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.

SOLDERING

• Q: Know of an air emission factor for soldering?

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

COMPLIANCE ASSISTANCE WORKSHOPS

• Series scheduled across the country this Spring

• Check website for dates and locations

• http://www.epa.gov/tri/report/training/

OTHER RESOURCES

• Final Guidance Document• http://www.epa.gov/tri/lawsandregs/lead/tri_pb_rule.htm

• EPCRA Hotline• 1-800-424-9346

• EPA Region 9• www.epa.gov/region09/toxic/tri/index.html

• 1-415-947-8704

Obtaining Guidance Docs

• To request that a copy of a TRI publication be mailed to you:call (202) 564-9554 or send an email to [email protected]"

EPA’s 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

TRI HOMEPAGE

TRI REPORTING SOFTWARETRI 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

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

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.htm

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.

SECTION 313 TECHNICAL GUIDANCE

Technology Transfer Network (TTN)

• Internet: http://www.epa.gov/ttn/

• Help Desk (919) 541-5384

• Compilation of Air Pollutant Emission Factors (AP-42)

• WATER9 program

• Updates WATER8, CHEMDAT8, and CHEM9

• TANKS program

page 1 what should you do?: complying with epa’s new tri lead reporting rules tuesday, may 7, 2002

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