Emergency Planning & Community Right-to-Know
Act (EPCRA) Reporting Requirements

October 1998 - TI#18435
Introduction
Chemical Classification
Reporting Thresholds
EPCRA Overview
Table 1: Summary of EPCRA Reporting Requirements
Roles and Responsibilities
Common Errors in Section 312 and 313 Reporting
For More Information
Document References

Introduction
Executive Order (EO) 12856, "Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements," 6 August 1993, requires all Federal facilities to comply "to the maximum extent practicable without compromising national security" with the Emergency Planning and Community Right-to-Know Act (EPCRA) [Title 40 Code of Federal Regulations (CFR) Parts 350, 355, 370, and 372] and with the Pollution Prevention Act of 1990. EPCRA was passed as Title III of the 1986 Superfund Amendments and Reauthorization Act (SARA) and contains multiple and overlapping reporting requirements.

The primary focus of EPCRA is to: 1) identify the amounts of chemicals present on, or released from, facilities; 2) understand the potential problems that hazardous materials pose to the surrounding communities and environment; and 3) provide information to the public and local emergency planning and response organizations. EPCRA addresses four major aspects of hazardous materials planning and reporting: 1) Emergency Planning [Sections 301-303]; 2) Emergency Notification [Section 304]; 3) Community Right-to-Know: Hazardous Chemical Reporting [Sections 311-312]; and 4) Community Right-to-Know: Toxic Chemical Release Inventory Reporting [Section 313].

This fact sheet provides a discussion of chemical classes subject to EPCRA reporting requirements, a summary of chemical reporting thresholds, an overview of the major sections of EPCRA including specific reporting requirements, reporting exemptions, a table summarizing reporting requirements, roles and responsibilities for Air Force activities, and a discussion of common reporting errors. This fact sheet also provides sources of more information and guidance for Air Force personnel involved in the inventorying and reporting of hazardous chemicals under EPCRA.

Chemical Classification
There are four classes of chemicals subject to storage and release reporting requirements under EPCRA: 1) hazardous chemicals, 2) hazardous substances, 3) extremely hazardous substances, and 4) toxic chemicals. Each of these chemical classes is defined in Federal statute and is subject to certain reporting requirements as provided for under corresponding sections of EPCRA. Further, many chemicals are listed under more than one EPCRA classification. Therefore, it is very important that the differences between these chemical classes be clearly understood to avoid errors in reporting.

Hazardous Chemicals are defined by the Occupational Safety and Health Administration (OSHA) as chemicals that are a physical or health hazard. These hazards are defined at length in Title 29 Code of Federal Regulations (CFR) Part 1910.1200(c). Although, in practice, almost any substance can meet the OSHA definition of a physical or health hazard, there is no comprehensive list of all OSHA hazardous chemicals. There are several million known chemicals, and thousands more are discovered or synthesized each year. The other three classes of chemicals mentioned below are actually subsets of the hazardous chemical classification. Sections 311 and 312 of EPCRA cover storage and reporting requirements for certain hazardous chemicals and apply to most chemicals for which an Air Force installation is required under OSHA to maintain a Material Safety Data Sheet (MSDS).

CERCLA Hazardous Substances are defined in Sections 101 and 102 of the EPA's Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). In rules promulgated under CERCLA, a list of hazardous substances is published in Table 302.4, Title 40 CFR Part 302. This list currently contains 772 hazardous substances. Section 103 of CERCLA and Section 304 of EPCRA require reporting of releases (not storage) of CERCLA hazardous substances.

Extremely Hazardous Substances (EHSs) are chemicals defined and listed in Appendices A and B of Title 40 CFR Part 355 (rules promulgated under EPCRA). There are currently 362 listed EHSs. Some of the EHSs are also CERCLA hazardous substances. Sections 302, 303, and 304 of EPCRA require reporting of storage or use of EHSs.

Toxic Chemicals are defined and listed in Title 40 CFR Part 372.65 (EPCRA regulations). There are currently 576 individually listed toxic chemicals and 28 chemical categories on this list. Some of these chemicals are EHSs, CERCLA hazardous substances, or both. Section 313 of EPCRA requires the preparation and submission of detailed reports on the fate of toxic chemicals manufactured, processed, or otherwise used by facilities. The current Section 313 toxic chemical list can be obtained from U.S. Environmental Protection Agency's (EPA's) World Wide Web (WWW) site, the EPCRA Hotline, or by contacting PRO-ACT (see the "For More Information." section for WWW site addresses, telephone numbers, and e-mail addresses).

The EPA periodically issues a "List of Lists" which identifies currently designated CERCLA Hazardous Substances, EHSs, and Toxic Chemicals by name and by Chemical Abstract Service (CAS) registry number. The List of Lists also provides the applicable threshold values that trigger reporting for each listed chemical.

Reporting Thresholds
For all portions of EPCRA, reporting requirements are triggered when certain threshold values are exceeded. These are minimum weights (not volumes) of chemicals manufactured, processed, used, stored, or released at a facility. Threshold "types" are established for each chemical classification under each corresponding section of EPCRA. The threshold types and their applicability under different EPCRA sections must be clearly understood in order to comply with the various reporting requirements.

The Threshold Planning Quantity (TPQ) applies to EHSs stored at any one time at a facility. If a facility stores a quantity of any EHS which exceeds that EHS's TPQ, the emergency planning provisions of Sections 302 and 303 of EPCRA are triggered. The quantity of an EHS present at a facility is the sum of weights of the EHSs present in all products, including all mixtures where the EHS concentration exceeds 1%. There are two TPQs for many EHSs. The lower TPQ of 1 to 1,000 pounds applies to liquids, molten solids, and to solids in a powdered form (see Title 40 CFR Part 355.30(e)). The higher TPQ is always 10,000 pounds and applies only to solids.

The CERCLA Reportable Quantity (CERCLA RQ) applies only to CERCLA Hazardous Substances released to the environment. The definition of a "release" is provided in Title 40 CFR Part 302.3 (CERCLA regulations). The definition excludes releases that do not cross, or have no potential to cross, facility property lines. Each CERCLA hazardous substance has an individual RQ assigned by EPA. The CERCLA RQs range from one pound to 5,000 pounds. Section 103(a) of CERCLA requires the reporting of releases of CERCLA RQs within 24 hours to the EPA's National Response Center (NRC) 24-Hour National Spill Reporting Hotline, 1-800-424-8802.

The EHS Reportable Quantity (EHS RQ) applies only to releases of EHSs that are not also categorized as CERCLA Hazardous Substances. The EHS RQs apply to all releases whether they cross the facility property line or not (see Title 40 CFR Part 355.20). Each EHS has an individual RQ assigned by EPA. The EHS RQs range from one pound to 5,000 pounds.

The Hazardous Chemical Minimum Threshold Level applies to the weight of any hazardous chemical present at a facility at any one time. Hazardous chemicals present in excess of the minimum threshold level trigger the hazardous chemical storage reporting requirements under Sections 311 and 312 of EPCRA. If a hazardous chemical is also an EHS, the threshold is equal to the TPQ or 500 pounds, whichever is less. For all other hazardous chemicals, the minimum threshold level is 10,000 pounds. This quantity is the sum of the weights of the hazardous chemical present in all products at the facility, if the concentration is greater than 1 percent. This concentration limit drops to 0.1 percent if the hazardous chemical is an OSHA-identified carcinogen.

The Toxic Chemical Activity Threshold triggers the toxic release inventory (TRI) reporting requirements under EPCRA Section 313. These requirements apply to all federal facilities with more than 10 employees if an activity threshold is exceeded. There are three activity thresholds: 1) If the facility manufactures a toxic chemical (including creating, importing, or coincidental manufacture), the activity threshold is 25,000 pounds within one calendar year; 2) if the facility processes a toxic chemical by incorporating it into a product, the activity threshold is also 25,000 pounds; and 3) If the facility otherwise uses the toxic chemical, the activity threshold drops to 10,000 pounds. Most Air Force installations will be concerned with "otherwise use." More detailed definitions of the terms "manufacture," "process," and "otherwise use" are provided in Title 40 CFR Part 372.3.

EPCRA Overview
An overview of each major section of EPCRA is presented below. In addition, the various EPCRA reporting requirements are summarized in Table 1.

Section 301 - Establishment of State Commissions, Planning Districts, and Local Committees
This section of EPCRA provides for the creation, by each State, of a Governor-appointed State Emergency Response Commission (SERC) consisting of members with technical expertise in the emergency response field. Each SERC shall designate emergency planning districts in order to facilitate the preparation and implementation of emergency plans. For each emergency planning district, the SERC shall appoint and supervise a Local Emergency Planning Committee (LEPC). The LEPCs consist of representatives from each of the following groups or organizations: elected State and local officials; law enforcement, civil defense, firefighting, first aid, health, local environmental, hospital, and transportation personnel; broadcast and print media; community groups; and owners and operators of facilities. The SERCs and LEPCs receive and process public requests for facility plans, data sheets, forms, and other information submitted under EPCRA reporting and notification provisions. The LEPCs provide for public meetings to discuss emergency plans and the distribution of emergency plans.

Section 302 - Substances and Facilities Covered and Notification
Section 302 requires the owner/operator of a facility to provide a one-time written notification to the SERC and LEPC of any EHSs present at the facility at any one time in amounts equal to or in excess of the TPQ for that substance. The threshold determination is based on the total pounds of the EHS present at the entire facility and not just the amount at a single location within the facility. EHSs and their TPQs for this requirement can be found in Appendices A and B of Title 40 CFR Part 355.

All Air Force facilities should have already completed the initial notification in 1994. However, installations must update their notification within sixty days after exceeding the TPQ for an existing EHS or, if there is a change or addition to the EHS list that requires the facility to report. Regulations implementing the provisions of EPCRA Section 302 are found in Title 40 CFR Part 355.

Section 303 - Comprehensive Emergency Response Plans
Section 303 requires that each LEPC develop a comprehensive emergency plan for its emergency planning district. The plans, which include hazardous chemical inventory data provided to the SERC and LEPC by regulated facilities, are intended as a community planning tool for responding to emergencies related to releases of EHSs from facilities. Emergency plans, as prepared by the LEPC, are required to address the following:

  • Identification of facilities subject to EPCRA and routes likely to be used to transport EHSs;
  • Methods and procedures to be followed by facility owners/operators and local responders when releases occur;
  • Designation of facility and community emergency coordinators with authority to implement the emergency plan;
  • Procedures to provide public notification by the emergency coordinators when a release occurs;
  • Methods for determining the occurrence of a release and the likely affected population/area;
  • A description of emergency equipment and facilities in the community and at each facility;
  • Evacuation plans;
  • Training programs; and
  • Methods and Schedules for exercising the emergency plan.
Under Section 303, Air Force installations are required to provide emergency planning information to the LEPCs including:
  • EHSs present on-site in excess of the TPQs;
  • A facility representative to participate in the emergency planning process;
  • Any changes occurring at the facility relevant to emergency planning; and
  • Additional information the LEPC requires to develop and implement the emergency plan.
Air Force facilities should have already provided emergency planning information to the LEPCs in 1994. However, installations must provide updates to the LEPCs within thirty days after a change in this information. Regulations implementing the provisions of EPCRA Section 303 are found in Title 40 CFR Part 355.

Section 304 - Emergency Notification
Section 304 requires owners and operators of facilities at which a hazardous chemical is produced, used, or stored to immediately notify the LEPC and the SERC of releases of "EPCRA Reportable" EHSs. "EPCRA Reportable" means that the EHS is a CERCLA Hazardous Substance and is released in a quantity in excess of the CERCLA RQ. Releases of EHSs that are not CERCLA Reportable may need to be reported to the LEPC and the SERC under certain circumstances as detailed in EPCRA Section 304(a)(2). Releases of CERCLA Reportable hazardous substances that are not EHSs must be reported, in most cases, to the LEPC and the SERC. Releases that result in exposures to persons solely within the site on which a facility is located are exempt from the release notification requirements of Section 304. Release notifications performed under this section do not substitute for notifications to the National Response Center under CERCLA Section 103.

The content of the notification under EPCRA Section 304 shall include the following elements:

  • Chemical name or identity of any substance involved in the release;
  • Indication as to whether the substance is an EHS;
  • An estimate of the quantity of any substances that was released into the environment;
  • The time and duration of the release;
  • The medium or media into which the release occurred;
  • Any known or anticipated acute or chronic health risks associated with the emergency along with treatment advice;
  • Proper precautions to take as a result of the release, including evacuation; and
  • Name and telephone number of the person to be contacted for further information.
As soon as practicable after a release and original notification, the owner/operator shall provide a written follow-up emergency notice that includes the following elements:
  • Updated original notification;
  • Actions taken to respond and contain the release;
  • Any known or anticipated acute or chronic health risks associated with the release; and
  • Advice regarding medical attention necessary for exposed individuals.
Exemptions
Section 304, which covers emergency release notification, exempts certain releases as provided for in Title 40 CFR Part 355.40(a)(2), however no facilities are entirely exempted from reporting. Examples of exempted releases include those confined to the site and certain federally permitted releases as defined in Section 101(10) of CERCLA.

Regulations implementing the provisions of EPCRA Section 304 are found in Title 40 CFR Part 355.40.

Section 311 - Material Safety Data Sheets
Section 311 requires owners and operators of facilities that are subject to OSHA material safety data sheet (MSDS) availability requirements for "hazardous chemicals" to submit MSDSs or a list of MSDS chemicals to the SERC, the LEPC, and the local fire department.

These submissions are required for each OSHA hazardous chemical (see exemptions below) that is present at the facility at any one time in amounts equal to or greater than the minimum threshold level. This level, established by EPA, is 10,000 pounds for most OSHA hazardous chemicals and 500 pounds or the TPQ (whichever is lower) for EHSs. If a new chemical is brought on to the facility in a quantity that exceeds its threshold level, the facility has 3 months to submit the new MSDS or a revised chemical list to the SERC, LEPC, and local fire department. Regulations implementing the requirements of Section 311 are found at Title 40 CFR Part 370.

Exemptions
The term "hazardous chemical" has the meaning given by Title 29 CFR Part 1910.1200(c). However, for the purposes of Section 311, the term does not include:

  • Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration;
  • 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;
  • 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;
  • Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; and
  • 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.
Therefore, under EPCRA Section 311, facilities at which the above exempted chemicals are stored or located may be required to have MSDSs under OSHA, but would not have to include these particular exempted chemicals in the set of MSDSs or list of MSDS chemicals submitted to the LEPC, the SERC, and the local fire department.

Section 312 - Emergency and Hazardous Chemical Inventory Forms
Section 312 requires facility owners and operators, who are required to have MSDSs under the OSHA Hazardous Communication Standard, to prepare and submit emergency and hazardous chemical inventory forms to the LEPC, the SERC, and the local fire department. The inventory forms may contain either "Tier I" or "Tier II" information. Tier I information is the minimum required under Section 312 and includes estimates of maximum and average daily amounts as well as the general locations of hazardous chemicals. However, the SERC, LEPC, or local fire department may require that the facility provide Tier II information. Tier II information includes, in addition to the Tier I information mentioned above, detailed information about individual hazardous chemicals and their storage.

These submissions are required for each OSHA hazardous chemical that is present at the facility at any one time in amounts equal to or greater than the minimum threshold level. This level, established by EPA, is 10,000 pounds for most OSHA hazardous chemicals and 500 pounds or the TPQ (whichever is lower) for EHSs. Inventory forms are due annually on 1 March for the preceding calendar year. The EPA has published Tier I and Tier II forms, however many States require the use of their own forms. It is important to note that Section 312 requires the reporting of the storage and locations of hazardous chemicals, not their use or release. Uses and releases of certain types and quantities of hazardous chemicals must be reported under Section 313 as discussed below. Regulations implementing the requirements of Section 312 are found at Title 40 CFR Part 370.

Exemptions
Hazardous chemicals exempted from MSDS submittal under EPCRA Section 311 are also exempted from the submittal of Tier I or Tier II inventory forms under Section 312.

Section 313 - Toxic Chemical Release Forms
Section 313 requires owners and operators to complete a toxic chemical release form (Form R) for each listed toxic chemical manufactured, processed, or otherwise used at the facility if annual threshold quantities are exceeded. These forms are collectively referred to as the Toxic Release Inventory (TRI). The Form R report covers onsite releases (to air, land, water, and underground injection) and offsite transfers (to Publicly Owned Treatment Works [POTWs], and to disposal, recycling, energy recovery, or treatment facilities) of toxic chemicals.

TRI reports are required if a facility manufactures over 25,000 pounds, processes over 25,000 pounds, or otherwise uses over 10,000 pounds of a listed toxic chemical over a calendar year. TRI reports are due annually to EPA (and to some SERCs) on 1 July for the previous calendar year. The list of "toxic chemicals" is located in Title 40 CFR Part 372.65. There are currently 576 individually listed toxic chemicals and 28 chemical categories on this list and EPA has the authority to make additions or deletions to the list. A chemical is included on this list if it is known, or can reasonably be anticipated, to cause significant adverse human health effects under certain release scenarios.

Regulations implementing the requirements of Section 313 are found at Title 40 CFR Part 372.

Exemptions
Toxic release inventory (TRI) reporting provisions of Section 313 include a number of exemptions that must not be confused with exemptions under other EPCRA Sections. The Section 313 exemptions fall into three categories: facility exemptions, use exemptions, and articles.

There are two facility exemptions under Section 313. Facilities that meet the definition of a laboratory need not include toxic chemicals manufactured, processed, or used in laboratory activities under the supervision of a technically qualified individual. This would include, for example, materials used in aircraft engine testing laboratories. The other facility exemption is for owners of property where facilities operated by other entities are located. Non-DoD owners or operators of facilities located on Air Force installations are responsible for TRI reporting for those facilities if the Air Force has no ownership interest apart from the land. These facility exemptions are explained further in Title 40 CFR Part 372.38(d) and (e).

In addition to the facility exemptions, there are also five specific use exemptions listed in Title 40 CFR Part 372.38(c). These include uses of toxic chemicals in:

  • structural components of the facility, (e.g. copper pipes);
  • routine janitorial or facility grounds maintenance;
  • personal, recreational, or food service uses;
  • motor vehicle maintenance; and
  • intake water as received at the facility.
These exemptions apply only to the toxic chemicals in the above exempted "uses," not to the same toxic chemicals that may also be manufactured or processed at the facility.

The final TRI reporting exemption is for articles. An article is defined in Title 40 CFR Part 372.3 as a manufactured item that is formed to a specific shape or design during manufacture, and that has end use functions dependent in whole or in part on its shape or design during end use. An article is an item that does not release a toxic chemical under normal conditions when processing or using the article. If, over the course of a year, there is a release of less than 0.5 pounds of a toxic chemical during processing or use of an article, the release can be rounded to zero, and the exemption remains. However, if the release is equal to or greater than 0.5 pounds, the article is not exempt. An example of an exempted "article" would be a sealed battery. On the other hand, a non-sealed battery would not be an excluded article because it is designed to be serviced and could result in a release.

When applying Section 313 exemptions, it is important to consider both the intent and the letter of the law. EPCRA is intended to inform the public about hazards at a facility in order to assist those who respond to emergencies in controlling releases and exposures. The exemptions are intended to reduce the regulatory burden by excluding items and substances that pose a minimal risk. Since there are no penalties for reporting chemicals that may, in fact, be exempt from such reporting, there is no harm in reporting "borderline" cases.

The Department of Defense (DoD) and the Air Force have published many guidance documents for Section 313 reporting (see "Document References" section below). These documents not only give guidance on how to properly fill out blocks on the Form R, but also provide DoD and Air Force interpretations of EPA's exemptions. Use of this guidance is critical to maintain consistent reporting across DoD and the Air Force. Copies of these documents can be obtained from the Defense Environmental Network & Information Exchange (DENIX), http://denix.cecer.army.mil/denix/denix.html, or by contacting PRO-ACT.

  Table 1. Summary of EPCRA Reporting Requirements
§ 302
Substances & Facilities Covered and Notification		 § 303
Comprehensive Emergency Response Plans		 § 304
Emergency Notification		 § 311
Material Safety Data Sheets***		 § 312
Emergency & Hazardous Chemical Inventory Forms		 § 313
Toxic Chemical Release Forms
Chemical Class Extremely Hazardous Substances(EHS) EHS EHS & CERCLA Haz. Substances Hazardous Chemicals Hazardous Chemicals Toxic Chemicals
Activity Storage Storage Release Storage Storage Manufacture, Process, or Otherwise Use
Applicable Threshold Threshold Planning Quantity (TPQ) TPQ Reportable Quantity (RQ) Minimum Threshold Level (or TPQ for EHS) Minimum Threshold Level (or TPQ for EHS) Activity Threshold
Type of Report Notification Name of Facility Representative Verbal Initial Release Notification List of MSDSs or copies of MSDSs Tier 1 or Tier 2 Form, EPA's or State's Form R and Toxic Chemical Release Inventory Form (TRI)
Form and Frequency of Report Written Written Written follow-up Written Fixed format Fixed format
One-time* One-time* Each occurence One-time* Annual Annual
Timing of Report Within 60 days after change in information Within 30 days after change in information Within 24 hours Within 90 days after change in information March 1 for preceding calendar year July 1 for preceding Calendar year
Report to SERC & LEPC LEPC LEPC, SERC and NRC** SERC, LEPC and Local Fire Dept. SERC, LEPC and Local Fire Dept. EPA SERC
Implementing Regulation 40 CFR 355 40 CFR 355 40 CFR 355.40 40 CFR 370 40 CFR 370 40 CFR 372

* Renotification required after changes in information
** Under Sec 103(a) of CERCLA as codified at 40 CFR Part 302, NCR Notification is required if release involver RQ of CERCLA hazardous substance.
*** Initial compliance deadline for Federal facilities was 30 August 1994 as required by EO 12856.

Roles and Responsibilities
Chapter 2 of Air Force Instruction (AFI) 32-4002 "Hazardous Material Emergency Planning and Response Program," 1 December 1997, outlines EPCRA roles and responsibilities for Air Force activities in conformance with EO 12856.

In general, Civil Engineering is tasked to coordinate with LEPCs, SERCs, the EPA, and State and local environmental regulatory agencies. Various HQ USAF Directorates oversee policy development and broad coordination matters. In the field, the interdisciplinary nature of EPCRA requires Headquarters Air Force Civil Engineer Support Agency (HQ AFCESA) and Headquarters Air Force Center for Environmental Excellence (HQ AFCEE) to coordinate closely with one another to support implementation efforts including training, guidance, and execution support.

More specifically, HQ AFCEE provides technical consultation, contracting, training, and guidance support for EPCRA Sections 311, 312, and 313 reporting requirements. Headquarters Air Force Medical Operations Agency (HQ AFMOA/SGOE) provides policy, procedures, and guidance for Bioenvironmental Engineer support of EPCRA. HQ AFCESA provides similar support for EPCRA Sections 301, 302, 303, and 304 planning and notification requirements. Major Commands (MAJCOMs) oversee implementation of the EPCRA program at installations. The Base Civil Engineer (BCE), supported by the CE Readiness and CE Environmental Flights, has overall responsibility for executing the installation EPCRA program. The Base Bioenvironmental Engineer is tasked to support the BCE by providing data, documentation, process analysis, and report completion/submittal. Finally, some hazardous material inventory responsibilities may be delegated to the base Hazardous Materials Management Process (HMMP) Team.

Common Errors in Section 312 and 313 Reporting
The hazardous chemical inventory and toxic chemical release inventory reporting forms required under Section 312 and 313 of EPCRA are complex and can be difficult to prepare correctly. Consequently, there have been numerous errors found in Air Force EPCRA reports. Many of these errors can be corrected by following DoD and Air Force reporting guidance. Fortunately, both the Tier II Form and the Form R reports are available in software programs that help reduce the number of errors. Below are some of the most common errors or mistakes made in Air Force EPCRA reports:
  • Facility identification errors. Many Air Force installations incorrectly or incompletely identify the facility name. The format for the facility name should be "U.S. DoD USAF [installation name] AFB, [state abbreviation]." It is also very common for Air Force installations to use the incorrect Standard Industrial Classification (SIC) code. Only SIC code 9711 (National Security) should be used, regardless of the operations that occur at the base.
  • Poor data. It is essential that installation personnel be familiar with the types of data required for the reports, especially the Tier II Form and Form R. These data must be collected and maintained throughout the report year to avoid last minute scrambles or the use of inferior data. Inventory records for EPCRA-regulated substances must be updated on a regular basis. For toxic chemicals, the installation must acquire detailed data on their waste streams in order to provide good estimates of the quantities of toxic chemicals entering the environment from the various media.
  • Units. All chemical quantities are to be converted to pounds. In many cases, chemicals are procured in bulk or by volume. Volumes must be converted to weights using the appropriate specific gravity data that is generally found on Material Safety Data Sheets (MSDSs).
  • Mixtures and de minimis errors. Under Section 313, toxic chemicals must be accounted for in all products in which they are contained, if the concentrations exceed the de minimis concentration limits. These limits are 1% by weight in the mixture or 0.1% if the toxic chemical is a carcinogen. Many facilities do not account for the total amount of the toxic chemical manufactured, processed, or used at the facility because some mixtures are overlooked in the calculations.
Under Section 312, the facility has the option in most States of determining reporting thresholds either on the basis of the weights of the mixtures containing the hazardous chemicals or on the basis of the total weight of the hazardous chemical in all mixtures. The same de minimis rule applies in this situation. However, facilities do not have this option if the hazardous chemical is an EHS. The total weight of the EHS in all mixtures must be calculated in determining whether thresholds are exceeded. Whether the facility chooses to report either individual chemicals or mixtures, the same method must be used for all entries on the Tier II Form.
  • Inconsistency. Because the calculations are often complex, it is easy to provide inconsistent data in different parts of the required reports and forms. On a Tier II Form, the average daily amount on hand should not exceed the maximum amount on hand at any given time. On the Form R, there are many opportunities for inconsistent data entry. For example, if the facility indicates that a toxic chemical is volatile, then there should be some indication of the amount volatilized/released to the atmosphere. Large releases should be consistent with volumes present at the facility. Also, quantities entered in more than one location on the form must match. A detailed description of other common errors associated with the Form R is provided in the "Air Force Installation Toxic Chemical Release Inventory Reporting Guidance" issued by HQ AFCEE in May 1997. The EPA also publishes an annual "common errors" document for Section 313 reporting.
  • Unwillingness to obtain assistance. This may be one of the largest sources of error. A number of resources, as listed below under "For More Information," are available to Air Force personnel to provide guidance and information. These include EPA, DoD, and Air Force guidance documents, HQ AFCEE personnel, PRO-ACT, Internet resources, and EPA's EPCRA hotline.
For More Information...
The following is a list of applicable guidance documents available for downloading from the WWW. NOTE: Access to DENIX web sites may require an authorization code.

Mr. John Matthews, Environmental Quality Directorate, Headquarters Air Force Center for Environmental Excellence (HQ AFCEE/EQT), DSN 240-5206, is available to answer questions about EPCRA reporting requirements.

EPA's EPCRA Hotline is available to address general and specific inquiries regarding EPCRA reporting. EPA documents can also be obtained through the Hotline. The telephone number is (800) 535-0202. The Hotline also has a WWW site: http://www.epa.gov/epaoswer/hotline/index.htm.

EPA also maintains Internet WWW sites that provide information and EPCRA-related documents. These include the Chemical Emergency Preparedness and Prevention Office Home page at http://www.epa.gov/swercepp/ and a source for EPCRA publications at http://www.epa.gov/swercepp/pubs.html. These sites also contain links to other sites of potential interest. The EPA "Toxics Release Inventory: Community-Right-to-Know" WWW site contains links to information about TRI reporting as well as the required forms. Visit this site at http://www.epa.gov/opptintr/tri/. The toxic chemicals list for TRI reporting and the "List of Lists" are available for downloading in *.pdf format at http://www.epa.gov/opptintr/tri/chemical.htm.

A series of EPCRA training modules produced by the EPCRA Hotline is available from HQ AFCEE's WWW site: http://www.afcee.brooks.af.mil/eq/p2cd/factshee/trir.htm.

AFCEE/EQ plans to field a WWW-based EPCRA training program for Section 313 TRI reporting in the fall of 1998. More information on the training will be presented, when available, on the HQ AFCEE WWW site, http://www.afcee.brooks.af.mil.

If you would like copies of any of the documents referenced in this Fact Sheet or need additional information concerning EPCRA, please contact PRO-ACT at DSN 240-4214 or (800) 233-4356.

Document References
Executive Order 12856 - Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements.

Executive Order 12856 - Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements: Questions and Answers (EPA 745-R-95-011).

Emergency Planning and Community Right-to-Know Act of 1986.

Code of Federal Regulations 40 CFR Parts 302, 355, 370, and 372.