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

TRI UPDATETRI UPDATE

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EPCRA Reporting Center / TRI Data Processing CenterEPCRA Reporting Center / TRI Data Processing Center

The operations for the TRI Data Processing Center are now managed under the Agency’s 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 - AddressTRI Data Processing Center Contact Information - Address

For hand courier, certified mail, fed ex, UPS delivery:

TRI Data Processing Centerc/o Computer Sciences CorporationSuite 3008400 Corporate DriveLandover, MD 20785

For regular mail:TRI Data Processing CenterP.O. Box 1513Lanham, MD 20703-1513

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TRI Data Processing CenterContact Information – Phone and Fax

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 ProfilesFacility 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: 301-429-5005

• E-mail: tri_efdp@csc.com

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STAKEHOLDER DIALOGUESTAKEHOLDER 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 CHANGESMOST 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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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

MOST RECENT CHEMICAL LIST CHANGESMOST RECENT CHEMICAL LIST CHANGES

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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).

REPORTING FORM CHANGESREPORTING FORM CHANGES

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GUIDANCEGUIDANCE

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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GUIDANCEGUIDANCE• 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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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 EPA’s 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 software’s 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.

TRI-ME REPORTING SOFTWARETRI-ME REPORTING SOFTWARE

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TRI ASSISTANCE LIBRARYTRI 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 EPA’s homepage, the TRI website, and other useful websites that will assist with TRI reporting

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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 facility’s 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.

TRI-ME REPORTING SOFTWARETRI-ME REPORTING SOFTWARE

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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.

TRI-ME REPORTING SOFTWARETRI-ME REPORTING SOFTWARE

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TRI-ME REPORTING SOFTWARETRI-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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Electronic submission of forms:• Facilities who have filed in the last two

years may submit electronically via EPA’s Central Data Exchange (CDX), the Agency’s 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

TRI-ME REPORTING SOFTWARETRI-ME REPORTING SOFTWARE

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

TRI-ME AND CDX SUPPORTTRI-ME AND CDX SUPPORT

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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

FORM R SUBMISSIONS/REVISIONSFORM R SUBMISSIONS/REVISIONS

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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.)

SUBMITTING REVISIONSSUBMITTING REVISIONS

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SUBMITTING REVISIONS Cont.SUBMITTING REVISIONS Cont. If you have any questions about the electronic

submission process, call 888-890-1995 between the hours of 8:00AM – 6:00 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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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.

FORM R SUBMISSIONS/REVISIONSFORM R SUBMISSIONS/REVISIONS

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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

THRESHOLD GUIDANCETHRESHOLD GUIDANCE

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

AcidReuse

System

See EPA’s Guidance for Reporting Sulfuric Acid (Ref. 1) for specific calculations

ACID AEROSOLS THRESHOLD GUIDANCEACID AEROSOLS THRESHOLD GUIDANCE

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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

Closed-LoopAcid

ReuseSystem

See EPA’s Guidance for Reporting Sulfuric Acid (Ref. 1) and Guidance for Reporting Hydrochloric Acid (Ref. 6) for specific calculations

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Section 313 chemicals may be coincidentally manufactured during combustion of:• Oil

• Coal

• Natural gas

• Waste

• Other materials

THRESHOLD GUIDANCE - COMBUSTIONTHRESHOLD GUIDANCE - COMBUSTION

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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

COMBUSTION & METAL COMPOUNDSCOMBUSTION & METAL COMPOUNDS

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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

THRESHOLD GUIDANCETHRESHOLD GUIDANCE

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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

EXEMPTION GUIDANCEEXEMPTION GUIDANCE

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RELEASE ESTIMATESRELEASE 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• 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

AMMONIA GUIDANCEAMMONIA GUIDANCE

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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

NITRATE COMPOUNDS GUIDANCENITRATE COMPOUNDS GUIDANCE

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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

METALS AND METAL CATEGORY COMPOUNDS GUIDANCEMETALS AND METAL CATEGORY COMPOUNDS GUIDANCE

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METAL CYANIDE COMPOUNDS GUIDANCEMETAL 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:

X+CN-; where X=H+ or any other group where a formal dissociation may occur. For example, KCN or Ca(CN)2

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EPA AUDIT POLICYEPA AUDIT POLICY

Audit Policy enhances environmental protection through incentives for companies to self-police, disclose and correct violations

Companies that satisfy the Policy’s 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 POLICYEPA 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 ENFORCEMENTEPCRA 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

Government’s penalty is determined by applying the Enforcement Response Policy (ERP) to each violation

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EPCRA SECTION 313 ENFORCEMENTEPCRA 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 year’s Reporting Forms and Instructions, and to be available on the Internet at: http://www.epa.gov/Compliance/resources/newsletters/civil/enfalert/index.html