Understanding EPCRA Reporting,

Tier I/II, and Form R Michael Reece | Environmental Scientist

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EPCRA Background

What is EPCRA?

The Comprehensive Environmental Response, Compensation, and

Liability Act (CERCLA), also called Superfund, was enacted by

Congress in 1980 to clean up the nation’s hazardous waste sites and to

provide for emergency response to releases of hazardous substances

into the environment.

In 1986, in response to concerns regarding several release incidents

(i.e., Bhopal, India, Institute, West Virginia, etc.) related to the

environmental and safety hazards posed by the storage and handling

of toxic chemicals, Superfund was reauthorized and is known as the

Superfund Amendments and Reauthorization Act (SARA). Title III of

SARA (“SARA Title III”) is the Emergency Planning and Community

Right-To-Know Act (EPCRA).

What is EPCRA?

EPCRA establishes requirements for federal, state and local

governments, Indian tribes, and industry regarding emergency planning

and “Community Right-to-Know” reporting on hazardous and toxic

chemicals.

The Community Right-to-Know provisions help increase public’s

knowledge and access to information on chemicals uses and releases

at facilities. States and communities can use the information to improve

chemical safety and protect public health and the environment.

What is EPCRA?

There are four provisions to EPCRA:

• Emergency planning (SARA Sections 302-303) – codified under 40

CFR 355.

• Emergency release notification (Section 304) – 40 CFR 355.

• Hazardous chemical storage reporting requirements (Sections

311-312) - 40 CFR 370.

• Toxic chemical release inventory (Section 313) - 40 CFR 372.

Good source of EPCRA informatioin – www2.epa.gov/epcra

Also check your state’s website for EPCRA information.

SARA Section 302

Section 302

SARA Section 302 requires a facility to notify the State Emergency

Response Commission (SERC) and the Local Emergency Planning

Committee (LEPC) if it has one or more extremely hazardous

substance(s) (EHS) present above the Threshold Planning Quantity

(TPQ). Each facility, which meets this specification, must notify the

SERC and the LEPC that their facility is subject to the requirements of

Section 302.

• One-time notification must be made within 60 days after the facility

first receives or produces the substance on site that causes the

facility to meet or exceed the TPQ of the substance.

• EHSs are identified in 40 CFR 355, Appendix A - 355 chemicals.

• Some common EHSs in industry include Sulfuric Acid, Nitric Acid,

and Ammonia.

Section 302

• Determine the total amount present of an EHS at any one time by

adding together the quantity of pure EHS and the quantity contained

in all mixtures (> 1%), regardless of location, number of containers,

or method of storage.

• Non-reactive solid EHSs have two TPQs. The lower TPQ applies if

EHSs are in powder form (<100 microns), solution or molten form.

There are special calculations for non-reactive solid EHS under 40

CFR 355.16.

• The facility must designate a representative to participate in the

LEPC as a facility Emergency Response Coordinator (ERC).

• The facility must also submit additional information to the LEPQ

upon request and notify them of any changes to the facility which

might be relevant (i.e., material changes in inventory, designation of

a new ERC, etc.).

SARA Section 304

Section 304

Section 304 requires that facilities notify

the SERC and LEPC if there is a release

to the environment (off-site exposure) of

hazardous substance that is equal to or

exceeds the reporting quantity (RQ) in the

regulations.

• Covers the 355 EHSs found in 40 CFR

355, Appendix A and 770 CERCLA

hazardous substances under 40 CFR

302, Table 302.4.

• Both lists can be found in the U.S.

EPA’s “Lists of Lists”.

Section 304

Initial Notification

• Immediately (within 15 minutes after discovery) contact the

following:

- LEPC

- SERC

- National Response Center (NRC)

Section 304

The following should be provided as part of the initial notification:

• The name of chemical involved.

• An indication of whether the substance is extremely hazardous.

• An estimate of the quantity released into the environment.

• The time and duration of the release.

• Whether the release occurred into air, water, and/or land.

• Any known or anticipated acute or chronic health risks associated

with the emergency and, where necessary, advice regarding

medical attention for exposed individuals.

• Proper precautions, such as evacuation or sheltering in place.

• Name and telephone number of the contact person.

Section 304

Follow-up Notification

• As soon as practicable (within 30 days of release), a written report

is to be sent to the SERC and the LEPC. The report is to include

the following:

- Updated information included in the initial notification.

- Actual response actions taken.

- Known or anticipated health risks associated with the

release.

- Advice on medical attention for individuals exposed to

the released chemical.

Note – There may be other federal, state or local reporting

obligations required

SARA Sections 311 and 312

Section 311

You are regulated under this section if your facility is covered by federal

or state Occupational Safety and Health Administration's (OSHA)

Hazard Communication Standard (HCS), which requires your facility to

prepare or have available a Safety Data Sheet (SDS) for a hazardous

chemical and if you exceed certain reporting threshold quantities for a

chemical at any one time.

• EHS – > 500 pounds or the TPQ, whichever is lower.

• Hazardous chemicals which require an SDS – 10,000 pounds.

• LEPC/Fire Department Request – 0 pounds.

Facilities can either submit copies of SDSs or provide a list of

hazardous chemicals above threshold quantities to the SERC, LEPC,

and local fire department.

Section 311

The SDS or chemical list must be submitted within 90 days of

exceeding threshold quantities. Revised SDSs or chemical lists must

also be revised upon of receipt of significant new information

concerning a hazardous chemical for which an SDS or list was

submitted.

If you submit a list of hazardous chemicals, the list needs to include:

• Chemical or common name of each substance.

• Applicable hazardous categories.

- Immediate (acute) health hazard (i.e., irritant)

- Delayed (chronic) health hazard (i.e., carcinogens)

- Fire hazard (i.e., flammable liquid)

- Sudden release of pressure hazard (i.e., compressed

gas)

- Reactive hazard (i.e., water reactive)

Exemptions Under Sections 311 and 312

Section 311(E) of SARA excludes the following substances under

Sections 311 and 312 (but not under Sections 302 and 304):

• Any food, food additive, color additive, drug, or cosmetic regulated

by the Food and Drug Administration.

• Any substance to the extent it is used for personal, family, or

household purposes, or is present in the same form and

concentration as a product packaged for distribution and use by the

general public (i.e., car batteries, insecticides from a retail store,

etc.).

Exemptions Under Sections 311 and 312

• Any substance to the extent it is used in a research laboratory or

hospital or other medical facility under the direct supervision of a

technically qualified individual.

• Any substance to the extent it is used in routine agricultural

operations or is a fertilizer held for sale by a retailer to the ultimate

customer.

• Any substance present as a solid in any manufactured item to the

extent exposure to the substance does not occur under normal

conditions of use.

- Under the U.S. EPA’s 2010 interpretation, facilities

would only have to count the amount of fume or dust

given off a piece of metal, brick or any other

manufactured solid item (i.e., plastic pellets) that under goes a

modification process (i.e., welding, cutting, etc.) to determine if

the reporting thresholds have been reached. States may

implement more stringent requirements.

Section 312

The criteria for including chemicals in the Section 312 report are the

same as the criteria (i.e., thresholds, exemptions, etc.) for including

chemicals in the Section 311 report.

The purpose of the Section 312 annual report (Hazardous Chemical

Inventory Reporting or “Tier II”) is to provide the SERC, LEPC, and the

local fire department with specific information on hazardous chemicals

that were present at your facility at any time during the previous

calendar year at levels that equaled or exceeded the reporting

thresholds. The Tier II is due on or before March 1st every year.

Tier I forms are not accepted by states anymore.

Section 312

Chemicals can be reported as pure substances, as mixtures, or as the

total quantity of a chemical at the facility (adding together the amounts

present as a component in mixtures and in pure form). Similar

substances can be grouped if appropriate.

If a hazardous chemical is part of a mixture, you have the option of

reporting the entire mixture or only the portion of the mixture that is a

particular hazardous chemical (e.g., If a hazardous solution weighs 100

pounds but is composed of only 5% of a particular hazardous chemical,

you can indicate either 100 pounds of the mixture or 5 pounds of the

chemical). The option used for each mixture at your facility must be

consistent with the option used in your Section 311 reporting.

Section 312

For EHSs, the amount of an EHS at a facility (both pure EHSs and

EHSs in mixtures) must be aggregated for purposes of threshold

determination. Once you determine that a threshold for an EHS has

been reached, you may report the mixture or product name as it

appears on the SDS. You must also identify any EHSs present in the

mixture. You do not need to report any non-EHSs in the mixture, but

may if you wish to do so. Although you have an option to report either

the mixture or the EHS, again you must be consistent with your Section

311 reporting.

Sections 311 and 312 and Industrial Batteries

Industrial lead-acid batteries do not meet the definition of an article

under OSHA and therefore are not exempt under Sections 302, 304,

311 and 312. The acid in lead-acid batteries is sulfuric acid, which is an

EHS. Below is the thresholds for sulfuric acid:

The lead in lead-acid batteries is not an EHS. Therefore, under Section

311 and 312, the TPQ for lead is 10,000 pounds.

EPCRA Section Thresholds

302 TPQ > 1,000 pounds

304 RQ > 1,000 pounds

311, 312 TPQ > 500 pounds

Sections 311 and 312 and Industrial Batteries

You need to determine the number of industrial batteries at your facility.

Once you determine the number of industrial batteries, contact your lift

truck vendor for industrial battery information.

In the absence of vendor information, an approximate calculation

based on total battery weight can be used.

2/3 of battery weight = Lead

1/3 of battery weight = battery acid (electrolyte)

1/3 of battery acid = Sulfuric Acid

1/9 or 11% of battery weight = Sulfuric Acid

SARA Section 313

Section 313

SARA Section 313 is commonly referred to as the Toxic Chemical

Release Inventory or TRI. Section 313 requires certain facilities to

complete a report annually that covers releases and other waste

management activities of specific listed toxic chemicals (>650

chemicals/chemical compounds) during the preceding calendar year.

Reports must be submitted to both the U.S. EPA and the SERC by

July 1, and

A facility is subject to TRI reporting if it meets three criteria:

• has ten or more full-time employees (or the equivalent of 20,000

hours per year)

• is a “covered” industry based on its primary North American Industry

Classification System (NAICS) code or is a federal facility

• manufactures (including imports), processes, or otherwise uses a

listed toxic chemical or chemical compound above a certain amount

based on the activity for that toxic chemical.

Section 313

Industry NAICS

(subsector/industry group)

Manufacturing 311-339

Metal Mining 21222, 21223, 21229

Coal Mining 21211

Electrical utilities 22111, 22112

Treatment, storage and disposal

facilities

56221

Chemical and allied products

wholesale distributors

42469

Petroleum bulk plants and terminals 42471

Solvent recovery services 32599

Federal facilities

Section 313

Using TRI guidance, you will need to find your facility’s three-digit

NAICS industry subsector code or four-digit NAICS industry group. The

guidance will indicate which six-digit NAICS codes are covered and

whether there are any reporting exceptions or limitations for those

covered codes.

Activity thresholds are based on the manufacture, process, or

otherwise use of Section 313 chemicals over a calendar year. Activity

thresholds are:

• 25,000 pounds manufactured

• 25,000 pounds processed

• 10,000 pounds otherwise used

These thresholds are for non-persistent, bioaccumulative and toxic

(PBT) TRI chemicals.

Section 313

PBT chemicals (i.e., lead compounds, mercury, PCBs, etc.) have

specific lower activity thresholds.

When determining whether a Section 313 chemical exceeds an activity

threshold, a facility must look at each activity separately for each

chemical. Once an activity threshold is exceeded, a facility must

determine releases and quantities managed as waste from all uses of

the chemical at the facility.

Activities Defined

• Manufacture – means to produce, prepare, compound, or import into

the country a Section 313 chemical. This includes chemicals

manufactured as an impurity or byproduct.

Section 313

• Process – means the preparation of a Section 313 chemical, after its

manufacture, for distribution into commerce. Processing usually

involves the incorporation of a Section 313 chemical into a product.

• Otherwise Use – means any other use of a Section 313 chemical

that is not manufactured or processed.

Exemptions to the activity threshold determinations and release/waste

calculations are allowed in certain cases.

• Article exemption – applies to Section 313 chemicals contained in

articles that are processed or otherwise used at a covered facility.

The item or article must meet three specific criteria to retain the

article exemption. Briefly, the article must (1) be formed to a specific

shape or design during manufacture, (2) have end use functions

dependent in whole or in part upon its shape or design,

Section 313

and (3) not release a toxic chemical under normal circumstances of

processing or otherwise use of the item at the facility (For those

conducting metal working - See U.S. EPA Section 313 Policy

Directives - Directive #1 – Article Exemption in 1998 Q&A

document).

• De minimis exemption – applies to certain minimal concentrations of

non-PBT Section 313 chemicals in mixtures or trade name products

that are processed or otherwise used. The de minimis concentration

in a mixture “…is below 1 percent of the mixture, or 0.1 percent of

the mixture in the case of a toxic chemical which is a carcinogen.

• Motor vehicle exemption – applies to the otherwise use of products

containing section 313 chemicals used for maintaining motor

vehicles operated at the facility (i.e. gasoline, lead acid batteries,

cleaning solutions).

Section 313

• Otherwise use exemption – applies to other uses of products

containing Section 313 chemicals used to maintain the facility

structure, for routine janitorial or facility grounds maintenance, or for

personal use by employees. This exemption does not apply to

process-related equipment. Chemicals contained in intake water or

in intake air may also be exempt.

• Laboratory activities exemption – applies to section 313 chemicals

used in a laboratory under the direct supervision of a “technically

qualified individual.”

• There are two other exemptions - Coal extraction activities and

metal mining overburden

If a facility determines that it meets the reporting criteria, it must submit

the Toxic Chemical Release Inventory Reporting Form by July 1 to

U.S. EPA and the state.

Section 313

The U.S. EPA has the forms and instructions on a web-based program

known as TRI-MEweb. Instructions, guidance documents, and updates

can be found at http://www2.epa.gov/toxics-release-inventory-tri-

program

The TRI report data elements include:

• Facility information.

• Chemical information.

• On-site releases (air releases, surface water, injection wells,

landfills, surface impoundments.

• Off-site transfers (POTW, TSDFs).

• On-site waste management activities (on-site treatment, energy

recovery, recycling).

• Source reduction and recycling.

Section 313

Two types of TRI forms – Form A and Form R

• Form A - Use less than 1 million pounds and do not release, dispose

of, treat, recover, burn, or transfer off-site a total of more than 500

pounds of that toxic chemical.

• Form R - Use more than 1 million pounds and release, dispose of,

treat, recover, burn, or transfer off-site a total of more than 500

pounds of that toxic chemical. PBT chemicals must be reported on

Form R. Dioxin and dioxin-like compounds require Form R with a

Schedule 1 form.

Report using TRI-MEweb . Submissions are sent to U.S. EPA and

appropriate state agency. Facilities with trade secrets must submit

paper copies to the U.S. EPA and appropriate state agency.

Section 313

Facilities reporting under Section 313 must keep copies of their reports

for three years from the date of submission. Facilities also are required

to keep any documents, calculations, or material used to determine

reporting obligations and waste estimates. Keep in mind , the U.S. EPA

can take enforcement actions back 5 years.

Depending on what you manufacture and sell/distribute, you might be

required to prepare a Supplier Notification under 40 CFR 372.45

Q&A and Contact Information

Please stop by our booth to learn more about EPCRA or to learn

more about GHD.

Contact Information:

Michael Reece

GHD Services Inc.

14496 Sheldon Road, Suite 200

Plymouth, Michigan 48170

General #: 734-453-5123

Direct #: 734-357-5493

www.ghd.com