K Blake Kidd April 30, 2013 Update on Toxics Release Inventory (TRI) Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) Section 313 Texas Commission on Environmental Quality (TCEQ) 2013 Environmental Trade Fair and Conference Air Quality Division

TRI Topics Background Reporting Criteria and Reporting Process Notable Changes Texas 2011 TRI Data Information Resources

Background

What is TRI? Established under EPCRA in response to the Bhopal, India chemical release of methyl isocyanate and a similar accident at Institute, West Virginia involving the same chemical Publicly accessible United States Environmental Protection Agency (EPA) database contains information on disposal and other releases of over 680 toxic chemicals or chemical categories from more than 20,000 U.S. industrial facilities

What is TRI? cont. Goals of TRI  Provide communities with information regarding toxic chemical releases and waste management activities  Support informed decisions by industry, government, nongovernmental organizations, and the public Multimedia reporting  Air  Water  Underground Injection  Land

TRI Regulations Superfund Amendment and Reauthorization Act Title III, Section 313 EPCRA Title 40 Code of Federal Regulations Part 372 Texas Health and Safety Code, Chapter 370

Potential Public Health Impacts Birth defects Mutagens Neurotoxicity Developmental and reproductive effects Aquatic toxicity Bioaccumulators Cancer Ozone depleters

TRI Chemicals Approximately 680 chemicals and chemical categories are currently on the TRI list. Persistent bioaccumulative toxins (PBT) have lower thresholds and different reporting requirements. Twenty chemicals and chemical categories are subject to PBT and lead rules, including dioxin and dioxin-like compounds. The EPA maintains the list.

TRI Industry Sectors Top 10 Sectors Reporting Releases in Texas for 2011 Chemicals Electric Utilities Petroleum Hazardous Waste/Solvent Recovery Primary Metals Paper Food/Beverage/Tobacco Fabricated Metals Plastics and Rubber Stone/Clay/Glass

Reporting Criteria and Reporting Process

Steps for Reporting to TRI 1) Check if all reporting criteria are applicable to trigger the reporting process. 2) If all criteria are applicable, determine which form type, either Form R or Form A, may be used in reporting. 3) Submit all reports with the EPA and TCEQ by July 1 st, 2013 using either TRI-MEweb or paper forms. TRI-MEweb has reporting tools to aid in determining criteria applicability and form type applicability.

Reporting Criteria A facility must report to TRI if it: is in a specific industrial sector (e.g., manufacturing, mining, electric power generation); employs 10 or more full-time equivalent employees; and manufactures or processes >25,000 lbs. of a TRI- listed chemical or otherwise uses >10,000 lbs. of a listed chemical in a given year.

Reporting Criteria, cont. Additionally, persistent, bioaccumulative, toxic chemicals (PBTs) have lower reporting thresholds: >100 lbs. of aldrin, lead, lead compounds, methoxychlor, polycyclic aromatic compounds, pendimethalin, tetrabromobisphenol a, trifluralin >10 lbs. of benzo(g,h,i)perylene, chlordane, heptachlor, hexachlorobenzene, isodrin, mercury, mercury compounds, octachlorostyrene, pentachlorobenzene, polychlorinated biphenyls, toxaphene >0.1 grams of dioxin and dioxin-like compounds

Reporting Process If a facility meets these criteria, it must: submit a TRI Form R (long form) or Form A (short form) for each TRI-listed chemical it manufactures, processes, or otherwise uses in quantities above the reporting threshold; and submit each TRI form to both EPA and the state in which the facility is located.

Reporting Process, cont. A facility is eligible to submit a Form A if: the chemical being reported is NOT a PBT chemical; the chemical has not been manufactured, processed, or otherwise used in excess of 1,000,000 lbs.; and the total annual waste management (i.e., releases including disposal, recycling, energy recovery, and treatment) of the chemical does not exceed 500 lbs.

Submission Process When using TRI-MEweb, the submission is automatically submitted to the TCEQ. Paper submissions must be sent to both EPA and the state.

Notable Changes

Changes to TRI EPA lifted the administrative stay for TRI reporting of hydrogen sulfide (H 2 S). Reporting for H 2 S will be required for reporting year (RY) The EPA will no longer accept floppy disk or compact disk submissions. Facilities must report using TRI- MEweb or paper forms. EPA has added emphasized to the pollution prevention Sections 8.10 and 8.11 of the Form R. This includes new source reduction codes for green chemistry practices.

Changes to TRI, cont. EPA has added a calculator to determine the Production Ratio/Activity Index in Section 8.9. The TRI-MEweb process will use a new certification component that allows a facility to prepare any reporting year TRI Form R/A and then transition directly into the certification process without leaving the TRI- MEweb application. TRI-MEweb can be used to revise data from RY2005 to current year. To revise forms prior to RY2005, EPA will only accept these revisions on hard-copy TRI forms.

Texas 2011 TRI Data

TRI National Analysis Data RY2011 1,541 facilities submitted TRI reports 8,026 total forms submitted Over 191 million pounds of on-site disposal or other releases Over 4.1 billion pounds of total production-related waste managed Texas Highlights

Information Resources

EPA Online Training Toxic Chemical Release Inventory Reporting Forms and Instructions TRI Basic Training Slides EPA_RY11_Basic/index.html TRI Advanced Training Slides EPA_RY11_Advanced/index.html

TRI Information Sources EPA TRI home page EPA TRI Explorer EPA Envirofacts

TRI Audit and Compliance Policies EPA Audit Policy Home Page EPA Audit Policy Federal Registry auditing/auditpolicy51100.pdf EPA Small Business Compliance Policy Home Page (100 or fewer employees) EPA Small Business Compliance Policy Federal Registry

Contact Information EPA Region 6 Enforcement Coordinator Morton Wakeland, Jr. (214) TRI Information Center (operated by the EPA) (800) Central Data Exchange hotline (888) TCEQ TRI Hotline (512) TRI {4874}