Toxic Chemical Release Inventory Reporting Forms and Instructions

Facility Eligibility Determination for Submitting an EPCRA Section 313 Report
Otherwise Use: The term “otherwise use” means any use of
an EPCRA section 313 chemical, including an EPCRA
section 313 chemical contained in a mixture or other trade
name product or waste, that is not covered by the terms
“manufacture” or “process.” Otherwise use of an EPCRA
section 313 chemical does not include disposal, stabilization
(without subsequent distribution in commerce), or treatment
for destruction unless:
(1) The EPCRA section 313 chemical that was disposed,
stabilized, or treated for destruction was received from offsite
for the purposes of further waste management;
or
(2) The EPCRA section 313 chemical that was disposed,
stabilized, or treated for destruction was manufactured as a
result of waste management activities on materials received
from off-site for the purposes of waste management
activities. Relabeling or redistributing of the EPCRA section
313 chemical where no repackaging of the EPCRA section
313 chemical occurs does not constitute an otherwise use or
processing of the EPCRA section 313 chemical.” (See 62 FR
23846 and Part II, Section 3.3 of these instructions for
further clarification).
Example 3: Typical Otherwise Use Activities
‘ When your facility cleans equipment with toluene, you are otherwise using toluene. Your facility also separates two
components of a mixture by dissolving one component in toluene, and subsequently recovers the toluene from the
process for reuse or disposal. Your facility otherwise uses toluene.
‘ A covered facility receives a waste containing 12,000 pounds of Chemical A, a non-PBT EPCRA section 313
chemical, from off-site. The facility treats the waste, destroying Chemical A and in the treatment process manufactures
10,500 pounds of Chemical B, another non-PBT EPCRA section 313 chemical. Chemical B is disposed on-site. Since
the waste containing Chemical A was received from off-site for the purpose of waste management, the amount of
Chemical A must be included in the otherwise use threshold determination for Chemical A. The otherwise use threshold
for a non-PBT chemical is 10,000 pounds and since the amount of Chemical A exceeds this threshold, all releases and
other waste management activities for Chemical A must be reported. Chemical B was manufactured in the treatment
of a waste received from off-site. The facility disposed of Chemical B on-site. Since Chemical B was generated from
waste received from off-site for treatment for destruction, disposal, or stabilization, the disposal of Chemical B is
considered to be an otherwise use. Thus, the amount of Chemical B must be considered in the otherwise use threshold
determination. Thus, the reporting threshold for Chemical B has also been exceeded and all releases and other waste
management activities for Chemical B must be reported.
B.3.b. Persistent Bioaccumulative
Toxic (PBT) Chemicals and
Chemical Categories Overview
On October 29, 1999 EPA published a final rule (64 FR
58666) adding certain chemicals and chemical categories to
the EPCRA section 313 list of toxic chemicals and lowering
the reporting threshold for persistent bioaccumulative toxic
(PBT) chemicals. In addition, on January 17, 2001 EPA
published a final rule (66 FR 4500) that classified lead and
lead compounds as PBT chemicals and lowered their
reporting thresholds. The lower reporting thresholds for lead
applies to all lead except when lead is contained in a stainless
steal, brass or bronze alloy.
Dioxin and dioxin-like compounds, lead compounds,
mercury compounds and polycyclic aromatic compounds
(PACs) are the four PBT chemical categories with lower
reporting thresholds. The 17 members of the dioxin and
dioxin-like compounds category and the 21 members of the
PACs category are listed in Table IIc of these instructions.
The dioxin and dioxin-like compounds category has the
qualifier, “Manufacturing; and the processing or otherwise
use of dioxin and dioxin-like compounds if the dioxin and
dioxin-like compounds are present as contaminants in a
chemical and if they were created during the manufacturing
of that chemical.”
EPA has added six individual chemicals to the EPCRA
section 313 list of toxic chemicals that also had their
thresholds lowered: benzo(g,h,i)perylene, benzo(j,k)fluorene
(fluoranthene), 3-methylcholanthrene, octachlorostyrene,
pentachlorobenzene, and tetrabromobisphenol A (TBBPA).
Benzo(j,k)fluorene and 3-methylcholanthrene were added as
members of the polycyclic aromatic compounds (PACs)
chemical category.
14 Toxics Release Inventory Reporting Forms and Instructions