[Federal Register Volume 64, Number 115 (Wednesday, June 16, 1999)]
[Notices]
[Pages 32232-32234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15281]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-400142; FRL-6077-9]
Emergency Planning and Community Right-to-Know; Notice of
Availability of Guidance Documents
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: EPA has prepared and is making available several guidance
documents to assist industries in understanding their compliance
responsibilities in association with section 313 of the Emergency
Planning and Community Right-to-Know Act of 1986 (EPCRA). One of the
documents is an expanded and updated version of the 1997 EPCRA Section
313 Questions and Answers document which provides guidance on commonly
asked questions. EPA is also making available a crosswalks document
which lists the source of the question and answer and a description of
and revisions to the original. Another document EPA is making available
is the ``Toxic Chemical Release Inventory Reporting Forms and
Instructions: Revised 1998 Version Crosswalks Document'' which outlines
clarifications made to the current instructions package. In addition to
these documents, EPA has updated several industry-specific guidance
documents developed for facilities in the industry groups recently
added to the list of industries covered under EPCRA section 313. These
documents are intended to assist these recently added industries in
understanding the requirements under EPCRA section 313 and to help them
more easily determine if their facility is likely to have reporting
responsibilities under EPCRA section 313.
FOR FURTHER INFORMATION CONTACT: Sara Hisel McCoy, 202-260-7937, e-
mail: hisel-mccoy.sara@epa.gov for questions related to the Questions
and Answers document, its Crosswalks document or the Forms and
Instructions Crosswalks document. For specific information regarding
the industry-specific guidance documents, contact Velu Senthil, 202-
260-3943, e-mail: senthil.velu@epa.gov. For more information on EPCRA
section 313, contact the Emergency Planning and Community Right-to-Know
Hotline, Environmental Protection Agency, Mail Code 5101, 401 M St.,
SW., Washington, DC 20460, Toll free: 1-800-535-0202, in Virginia and
Alaska: 703-412-9877 or Toll free TDD: 1-800-553-7672.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Notice Apply to Me?
You may be interested in this notice if you manufacture, process,
or otherwise use any of the chemicals covered by EPCRA section 313.
Potentially affected categories and entities may include, but are not
limited to:
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Examples of Potentially
Category Affected Entities
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Industry Manufacturing, metal mining,
coal mining, electric
utilities, commercial
hazardous waste treatment,
chemicals and allied
products-wholesale,
petroleum bulk terminals
and plants wholesale, and
solvent recovery services.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be interested in these
documents. Other types of entities not listed in the table could also
be interested. To determine whether your facility would be interested
in these documents, you should carefully examine the applicability
criteria in part 372, subpart B of Title 40 of the Code of Federal
Regulations. If you have questions regarding the applicability of these
documents to a particular entity, consult the appropriate person listed
in the preceding ``FOR FURTHER INFORMATION CONTACT'' section.
B. How Can I Get Additional Information or Copies of These Documents?
1. Electronically. You may obtain electronic copies of these
documents from the EPA internet Home Page at http://www.epa.gov. On the
Home Page select in the following order: ``Offices, Labs and Regions,''
``Offices,'' ``Office of Prevention, Pesticides and Toxic Substances,''
``Right-to-Know,'' and then look up the entry for these documents under
``TRI Forms, Reporting Requirements and Guidance.'' You can also go
directly to the ``TRI Forms, Reporting Requirements and Guidance''
listing at http://www.epa.gov/opptintr/tri.
2. By mail. Copies of these documents are also available from the
National Center for Environmental Publications and Information (NCEPI),
P.O. Box 42419, Cincinnati, OH 45242-2419.
[[Page 32233]]
3. In person or by phone. If you have any questions or need
additional information about these documents, please contact the
appropriate technical person identified in the ``FOR FURTHER
INFORMATION CONTACT'' section.
II. Additional Documentation and Clarification
A. What Documents are Being Made Available?
EPA is making available the 1998 ``Emergency Planning and Community
Right-to-Know Act (EPCRA) Section 313 Questions and Answers Document,''
the 1998 ``EPCRA Section 313 Questions and Answers Crosswalks
Document,'' and the ``Toxic Chemical Release Inventory Reporting Forms
and Instructions: Revised 1998 Version Crosswalks Document.'' In
addition, EPA is making available several updated guidance documents
specific to the seven industries recently added to the list of
industrial sectors covered by EPCRA section 313 and section 6607 of the
Pollution Prevention Act. The titles and document numbers for these six
documents are as follows:
``Section 313 Emergency Planning and Community Right-to-
Know Act Guidance Document for Metal Mining Facilities'' (EPA 745-B-99-
001)
``Section 313 Emergency Planning and Community Right-to-
Know Act Guidance Document for Coal Mining Facilities'' (EPA 745-B-99-
002)
``Section 313 Emergency Planning and Community Right-to-
Know Act Guidance Document for Electricity Generating Facilities'' (EPA
745-B-99-003)
``Section 313 Emergency Planning and Community Right-to-
Know Act Guidance Document for RCRA Subtitle C TSD Facilities and
Solvent Recovery Facilities'' (EPA 745-B-99-004)
``Section 313 Emergency Planning and Community Right-to-
Know Act Guidance Document for Chemical Distribution Facilities'' (EPA
745-B-99-005)
``Section 313 Emergency Planning and Community Right-to-
Know Act Guidance Document for Petroleum Bulk Facilities'' (EPA 745-B-
99-006)
The revised 1998 ``EPCRA Section 313 Questions and Answers
Document'' and the six new industry guidance documents are effective
beginning with the l999 reporting year. However, to ensure consistency
in reporting and the integrity of the data, the Agency would prefer
that covered facilities use these documents as guidance for the 1998
reporting year as well.
B. How Has EPA Updated the ``EPCRA Section 313 Questions and Answers
Document'' and What is the ``EPCRA Section 313 Questions and Answers
Crosswalks Document''?
The revised 1998 ``EPCRA Section 313 Questions and Answers
Document'' assists regulated facilities in complying with the reporting
requirements of EPCRA section 313. This updated document presents
guidance in the form of answers to many commonly asked questions on
compliance with EPCRA section 313 and is intended to help covered
facilities understand various issues associated with completing the
Form R and the Alternate Threshold Certification Statement (Form A).
In an effort to make the ``1998 EPCRA Section 313 Questions and
Answers Document'' as complete as possible, EPA has added over 150
questions and answers (Q&As) to the updated document. These additional
Q&As were derived from: (1) The ``EPCRA Section 313 Addendum to the
Guidance Documents for the Newly Added Industries''; (2) recent
interpretive guidance letters produced by EPA's Toxics Release
Inventory Branch on EPCRA section 313; and (3) inquiries by the
regulated community from the 1997 spring EPCRA section 313 training
sessions. Facilities covered by EPCRA section 313 should review the
entire updated document to understand compliance with the regulations.
In addition to adding new Q&As, in some instances EPA edited some
of the 1997 Q&As for clarity. To highlight any edits EPA has made
between the 1998 Q&As and the original version, EPA has also prepared
the 1998 ``Emergency Planning and Community Right-to-Know Act (EPCRA)
Section 313 Questions and Answers Crosswalks Document.'' This
crosswalks document includes the 1998 Q&A number, the source of the
Q&A, if there have been any edits other than punctuation, whether the
edit was minor or more significant, and if the edits are significant, a
rationale for the edit.
In most of the Q&As where EPA made edits, the Agency simply added
language to provide a more complete picture of the reporting
requirements associated with issues presented in the question. However,
there are a few cases in which the answer has been modified from the
original. These modifications include:
1. EPA has made revisions to many of the laboratory activities
exemption Q&As (see section 2D of the documents or the 1998 Q&A numbers
292 through 314). As made clear in the EPCRA section 313 regulations,
for toxic chemicals to be exempted from reporting under the laboratory
activities exemption, the activities must take place inside the
laboratory (40 CFR 372.38(d)(3)). Some Q&As on this exemption may have
been unclear on this point. These Q&As have been modified to clarify
that activities must be conducted inside a laboratory to be eligible
for this exemption.
2. The answer to Q&A number 189 in the 1997 ``EPCRA Section 313
Questions and Answers Document'' on the motor vehicle exemption has
also been modified in the 1998 ``EPCRA Section 313 Questions and
Answers Document.'' In the 1997 Q&A number 189, a covered facility
allows motor vehicles from other facilities to come on-site to refuel.
In this 1997 Q&A, the facility was instructed to exempt the quantity of
the toxic chemicals in the fuel used to refuel the motor vehicles from
off-site. However, the activity in the 1997 Q&A number 189 was
misidentified as an otherwise use of the toxic chemical. To be
consistent with other reporting guidance on this topic, the answer has
been changed in the 1998 Q&A number 287 to reflect the fact that the
facility is actually processing the toxic chemicals in the gasoline and
therefore is not eligible for the motor vehicle exemption.
3. The answer to Q&A number 161 in the 1997 ``EPCRA Section 313
Questions and Answers Document'' has been modified in the 1998 ``EPCRA
Section 313 Questions and Answers Document'' (1998 Q&A number 246). In
the 1997 Q&A number 161, a facility which has exceeded the threshold
for ammonia is instructed to discount the releases and other waste
management of ammonia in the quantities of sewage derived from the
employees working at the facility under the personal use exemption.
However the quantities of ammonia derived from the employee waste have
been coincidentally manufactured as a result of the degradation of the
waste. Therefore, because only quantities of the toxic chemical that
are otherwise used are eligible for the personal use exemption, the
quantities of ammonia coincidentally manufactured cannot be exempt
under the personal use exemption. The updated 1998 Q&A number 246 (1997
Q&A 161) reflects this more accurate interpretation.
4. The answer to Q&A number 88 in the 1997 ``EPCRA Section 313
Questions and Answers Document'' has been clarified in the 1998 ``EPCRA
Section 313 Questions and Answers Document'' (1998 Q&A number 133) to
reflect that ammonia produced from the decomposition of animal products
used to produce feed is to be counted towards
[[Page 32234]]
the manufacturing as well as processing thresholds.
5. In the ``EPCRA Section 313 Addendum to the Guidance Documents
for the Newly Added Industries'' Q&A number 67 (1998 Q&A 171) a
facility which receives reusable containers with residual amounts of a
toxic chemical adds more toxic chemical to the containers on-site and
sends the containers to customers. The answer in the Addendum Q&A
directed the facility to consider the residual amounts in these
containers towards the facility's processing threshold. Because these
residual amounts remain in the original container in which they were
first placed, they are not being repackaged. EPA therefore modified the
answer in the 1998 Q&A number 171 to indicate that these residual
amounts need not be counted towards the facility's processing threshold
because they do not meet the definition of processing.
6. The ``EPCRA Section 313 Addendum to the Guidance Documents for
the Newly Added Industries'' Q&A number 92 has been modified in the
1998 ``EPCRA Section 313 Questions and Answers Document'' (1998 Q&A
number 251) to reflect that while storm water drawn from the
environment may qualify for the intake water exemption in 40 CFR
372.38(c)(5), toxic chemicals acquired by storm water after the storm
water has run onto and off of facility equipment and buildings are to
be considered toward threshold determinations and release and other
waste management calculations.
7. The ``EPCRA Section 313 Addendum to the Guidance Documents for
the Newly Added Industries'' Q&A number 48 has been modified in the
1998 ``EPCRA Section 313 Questions and Answers Document'' (1998 Q&A
number 530) to clarify that although the use of a temporary storage
pile may not be considered a reportable release to the land provided
certain conditions are met, the volatilizing or leaching of toxic
chemicals from the pile is considered reportable releases and is to be
reported if the EPCRA section 313 thresholds have been met by the
facility for the toxic chemical in the storage pile.
8. The answer to Q&A number 394 in the 1997 ``EPCRA Section 313
Questions and Answers Document'' has been updated in the 1998 ``EPCRA
Section 313 Questions and Answers Document'' (1998 Q&A number 540) to
reflect EPA's modified interpretation of the term otherwise use. In the
EPCRA section 313 facility expansion rulemaking (62 FR 23834, May 1,
1997) (FRL-5578-3), EPA reinterpreted the term otherwise use to include
on-site treatment for destruction, disposal and stabilization of toxic
chemicals in materials received from off-site for the purposes of
further waste management. This change to the regulations became
effective in the 1998 reporting year. The answer to the 1998 Q&A number
540 reflects this change in the regulations.
9. The answer to Q&A number 435 in the 1997 ``EPCRA Section 313
Questions and Answers Document'' has been edited in the 1998 ``EPCRA
Section 313 Questions and Answers Document'' (1998 Q&A number 588) to
clarify that although a toxic chemical may not undergo any releases or
other waste management activities, a Form R or Form A may still be
required if thresholds have been met for the chemical.
10. The Hotline Monthly Report Question from November 1997 was
modified in the 1998 ``EPCRA Section 313 Questions and Answers
Document'' (1998 Q&A number 664) to clarify that a Form R submitted
after the submission of a Form A for the same chemical and reporting
year is considered a late submission of the Form R and a request to
withdraw the previously filed Form A.
C. Why is EPA Updating the New Industry Sector Guidance Documents?
As a result of the final rule to add seven new industrial sectors
to EPCRA section 313 reporting (62 FR 32834), EPA has received numerous
inquiries from representatives of these newly added industries. In
response to these questions, EPA has made several determinations
clarifying how activities conducted by these new industries should be
considered under EPCRA section 313. EPA would like to provide all
facilities with this additional information and is making it available
in these documents for use in preparing the first years reports for
those industries.
D. What is the ``Toxic Chemical Release Inventory Reporting Forms and
Instructions: Revised 1998 Version Crosswalks Document''?
To clarify various reporting issues and to provide additional
guidance for the industrial sectors newly regulated under EPCRA section
313 (62 FR 32834), EPA has made some changes to the EPCRA Section 313
Forms and Instructions for the 1998 reporting year. The Agency has
received requests from the regulated community to identify what exactly
has changed in the instructions. EPA is making available the ``Toxic
Chemical Release Inventory Reporting Forms and Instructions: Revised
1998 Version Crosswalks Document'' which outlines the areas in the
instructions that have been amended to reflect these clarifications.
List of Subjects in 40 CFR Part 372
Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, and Toxic chemicals.
Dated: June 8, 1999.
Joseph A. Carra,
Acting Director, Environmental Assistance Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 99-15281 Filed 6-15-99; 8:45 am]
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