Contracting Worksheets.pdf

Environmental Remediation and Compliance Branch 1

Contracting Worksheets to Determine EPCRA Section 313

Chemical Threshold for Non-PBT, PBT & Dioxin chemicals

Contractors at federal facilities that are required by EPCRA Section 313 to file TRI reports independently of the federal facility, should select GOCO. This information is important to prevent duplication of federal facility data

Contractors must complete the appropriate worksheet for each EPCRA Section 313

Chemical or chemical category that will be used at Federal facilities. Base your threshold determination for EPCRA Section 313 chemicals with qualifiers only on the quantity of the EPCRA Section 313 chemical satisfying the qualifier.

Use of the worksheets (provided at the end) is divided into three steps:

Step 1 o Record the gross amount of the EPCRA Section 313 chemical or chemical category involved in activities throughout the facility. Pure forms as well as the amounts of the EPCRA Section 313 chemical or chemical category present in mixtures or other trade name products must be considered.

Complete EPCRA Section 313 Chemical Compound categories that are subject to reporting:

https://ofmpub.epa.gov/apex/guideme_ext/f?p=guideme:rfi:::::rfi:table_ii o The types of activity (i.e., manufacturing, processing, or otherwise using) for which the EPCRA Section 313 chemical is used must be identified because separate thresholds apply to each of these activities.

Specify how that chemical was used and select the appropriate categories that contain specific uses (e.g., processing as a reactant describe the processing activity with more detail).

A. Manufacture- Persons who manufacture (including import) the

EPCRA Section 313 chemical.

a) Produce-The EPCRA Section 313 chemical is produced at the facility.

b) Import-The EPCRA Section 313 chemical is imported by the facility into the Customs Territory of the United States. (See

Section B.3.a of these instructions for further clarification of import.)

And check at least one of the following:

1. For on-site use/processing- The EPCRA Section 313 chemical is produced or imported and then further processed or otherwise used at the same facility. If https://ofmpub.epa.gov/apex/guideme_ext/f?p=guideme:rfi:::::rfi:table_ii

Environmental Remediation and Compliance Branch 2 you check this block, generally you should also check at least one item in Step 1 (B-C)

2. For sale/distribution- The EPCRA Section 313 chemical is produced or imported specifically for sale or distribution outside the manufacturing facility.

3. As a byproduct- The EPCRA Section 313 chemical is produced coincidentally during the manufacture, processing, or otherwise use of another chemical substance or mixture and, following its production, is separated from that other chemical substance or mixture. EPCRA Section 313 chemicals produced as a result of waste management are also considered byproducts.

4. As an impurity- The EPCRA Section 313 chemical is produced coincidentally as a result of the manufacture, processing, or otherwise use of another chemical but is not separated and remains in the mixture or other trade name product with that other chemical.

B. Process- Persons who process the EPCRA Section 313 chemical

a) As a reactant- A natural or synthetic EPCRA Section 313 chemical is used in chemical reactions for the manufacture of another chemical substance or of a product.

If the chemical is processed as a reactant, you must indicate the applicable sub-uses:

P101: Feedstocks

P102: Raw materials

P103: Intermediates

P104: Initiators

P199: Other

b) As a formulation component- An EPCRA Section 313 chemical is added to a product (or product mixture) prior to further distribution of the product that acts as a performance enhancer during use of the product. If the chemical is

Environmental Remediation and Compliance Branch 3 processed as a formulation component, you must indicate the applicable sub-uses:

P201: Additives

P202: Dyes

P203: Reaction diluents

P204: Initiators

P205: Solvents

P206: Inhibitors

P207: Emulsifiers

P208: Surfactants

P209: Lubricants

P210: Flame retardants

P211: Rheological modifiers

P299: Other

c) As an article component- An EPCRA Section 313 chemical becomes an integral component of an article distributed for industrial, trade, or consumer use. One example is the pigment components of paint applied to a chair that is sold.

d) Repackaging- This consists of processing or preparation of an EPCRA Section 313 chemical (or product mixture) for distribution in commerce in a different form, state, or quantity. This includes, but is not limited to, the transfer of material from a bulk container, such as a tank truck to smaller containers such as cans or bottles. This does not include sending toxic chemicals off-site into commerce for recycling, which is indicated using (f) Recycling.

e) As an impurity- The EPCRA Section 313 chemical is processed but is not separated and remains in the mixture or other trade name product with that/those other chemical(s).

f) Recycling- This consists of processing or preparation of an

EPCRA Section 313 chemical (or product mixture) for distribution in commerce in a different form, state, or quantity for purposes of recycling or reclamation

C. Otherwise use- Persons who otherwise use the EPCRA Section

313 chemical

Exemption of an EPCRA Section 313 chemical otherwise used 1) as a structural component of the facility; or 2) in routine janitorial or facility grounds maintenance; or 3) for personal use by an

Environmental Remediation and Compliance Branch 4 employee cannot be taken for activities involving process related equipment.

a) As a chemical processing aid- An EPCRA Section 313 chemical that is added to a reaction mixture to aid in the manufacture or synthesis of another chemical substance but is not intended to remain in or become part of the product or product mixture is otherwise used as chemical processing aid. If the chemical is otherwise used as a chemical processing aid, you must indicate the applicable sub-uses:

Z101: Process solvents

Z102: Catalysts

Z103: Inhibitors

Z104: Initiators

Z105: Reaction terminators

Z106: Solution buffers

Z199: Other

b) As a manufacturing aid- An EPCRA Section 313 chemical that aids the manufacturing process but does not become part of the resulting product and is not added to the reaction mixture during the manufacture or synthesis of another chemical substance is otherwise used as a manufacturing aid. If the chemical is otherwise used as a manufacturing aid, you must indicate the applicable sub-uses:

Z201: Process lubricants

Z202: Metalworking fluids

Z203: Coolants

Z204: Refrigerants

Z205: Hydraulic fluids

Z299: Other

c) Ancillary or other use- An EPCRA Section 313 chemical that is used at a facility for purposes other than aiding chemical processing or manufacturing as described above is otherwise used as an ancillary or other use. If the chemical is otherwise used as an ancillary or other use, you must indicate the applicable sub-uses:

Z301: Cleaner

Z302: Degreaser

Environmental Remediation and Compliance Branch 5

Z303: Lubricant

Z304: Fuel

Z305: Flame retardant

Z306: Waste treatment

Z307: Water treatment

Z308: Construction Materials

Z399: Other o Possible information sources include purchase records, inventory data, and calculations by a process engineer. The data collected in Step 1 will be totaled for each activity to identify the overall amount of the EPCRA

Section 313 chemical or chemical category manufactured

(including imported), processed, or otherwise used.

Step 2 o Identify uses of the EPCRA Section 313 chemical or chemical category that were included in Step 1 but are exempt under EPCRA Section 313.

Do not include in Step 2 exempt quantities of the EPCRA Section 313 chemical not included in the calculations.

For example, if Freon contained in the buildings air conditioners was not reported in Step 1, you would not include the amount as exempt in Step 2.

Step 2 is intended for use when a quantity or use of the EPCRA Section

313 chemical is exempt while other quantities require reporting. Note the type of exemption for future reference. Also identify, if applicable, the fraction or percentage of the EPCRA Section 313 chemical present that is exempt. Add the amounts in each activity to obtain a subtotal for exempted amounts of the EPCRA Section 313 chemical or chemical categories at the facility.

Step 3 o Subtract the result of Step 2 from the results of Step 1 for each activity.

Compare this net sum to the applicable activity threshold. If the threshold is exceeded for any of the three activities, a facility must submit a Form R for that EPCRA Section 313 chemical or chemical category. Additional online threshold screening tool provided by the EPA at: http://www2.epa.gov/toxics-release-inventory-tri-program/tri-threshold-screening-tool.

o Do not sum quantities of the EPCRA Section 313 chemical that are manufactured, processed, and otherwise used at your facility, because each of these activities requires a separate threshold determination. For http://www2.epa.gov/toxics-release-inventory-tri-program/tri-threshold-screening-tool http://www2.epa.gov/toxics-release-inventory-tri-program/tri-threshold-screening-tool

Environmental Remediation and Compliance Branch 6 example, if in a calendar year you processed 20,000 pounds of a non-PBT

EPCRA Section 313 chemical and you otherwise used 6,000 pounds of that same chemical, your facility has not exceeded any applicable threshold and thus is not required to report for that chemical.

EPCRA Section 313 Non-PBT Threshold Determination

You must submit a report for any EPCRA Section 313 chemical that is not listed as a

PBT chemical and which is:

Manufactured in excess of 25,000 pounds over the calendar year;

Processed in excess of 25,000 pounds over the calendar year; or

Otherwise used in excess of 10,000 pounds over the calendar year.

EPCRA Section 313 PBT Threshold Determination

There are two separate thresholds for EPCRA Section 313 PBT chemicals; these thresholds are set based on the chemicals potential to persist and bioaccumulate in the environment. The manufacturing, processing and otherwise use thresholds for PBT chemicals is 100 pounds, while for the subset of PBTs chemicals that are highly persistent and highly bioaccumulative, it is 10 pounds. One exception is the dioxin and dioxin-like compounds chemical category. The threshold for this category is 0.1 gram.

You must submit a report if you exceed any threshold for any EPCRA Section 313 chemical or chemical category. For example, if your facility processes 22,000 pounds of a non-PBT EPCRA Section 313 chemical and also otherwise uses 16,000 pounds of that same chemical, it has exceeded the otherwise use threshold (10,000 pounds for a non-PBT chemical) and your facility must report even though it did not exceed the process threshold (25,000 pounds for a non-PBT chemical). In preparing your reports, you must consider all non-exempted activities and all releases and other waste management quantities of the EPCRA Section 313 chemical from your facility, not just releases and other waste management quantities from the otherwise use activity.

Also note that threshold determinations are based upon the actual amounts of an

EPCRA Section 313 chemical manufactured, processed, or otherwise used over the course of the calendar year. The threshold determination may not relate to the amount of an EPCRA Section 313 chemical brought on-site during the calendar year.

For example, if a stockpile of 100,000 pounds of a non-PBT EPCRA Section 313 chemical is present on-site but only 20,000 pounds of that chemical is applied to a process, only the 20,000 pounds processed is counted toward a threshold determination, not the entire 100,000 pounds of the stockpile.

Environmental Remediation and Compliance Branch 7

Discharges to Receiving Streams or Water Bodies

Include any names of the streams or water bodies to which the EPCRA Section 313 chemical you are reporting on directly discharges into during the project space.

EPCRA Section 313 Non-PBT Chemical Reporting Threshold

Worksheet

Environmental Remediation and Compliance Branch 8

EPCRA Section 313 Reporting Threshold worksheet for PBT

Chemicals with 100 Pound Thresholds

Environmental Remediation and Compliance Branch 9

EPCRA Section 313 Reporting Threshold worksheet for PBT

Chemicals with 10 Pound Thresholds

Environmental Remediation and Compliance Branch 10

EPCRA Section 313 Reporting Threshold Worksheet for Dioxin and Dioxin-Like Compounds Chemical Category

Worksheets should be retained to provide document format for maintaining your determination for reporting or not reporting. Use of these worksheets is not required and the completed worksheet(s) should not accompany Form R or A reports submitted to

EPA and the state or tribe.

Environmental Remediation and Compliance Branch 11