  SEQ CHAPTER \h \r 1 CHAPTER FIVE

IMPACTS OF THE RULE ON REPORTING

	In enacting the Emergency Planning and Community Right-to-Know Act
(EPCRA) of 1986 and the Pollution Prevention Act (PPA) of 1990, Congress
recognized the significant benefits of providing information on the
presence, releases, and waste management of toxic chemicals.  The Toxics
Release Inventory (TRI) has proven to be one of the most powerful forces
in empowering the federal government, state and local governments,
industry, environmental groups and the general public to fully
participate in an informed dialogue about the environmental impacts of
toxic chemicals in the United States.  TRI’s publicly available
database provides quantitative information on toxic chemical releases
and other waste management activities.  With the collection of this
information starting in 1987 came the ability for the public,
government, and the regulated community to understand the magnitude of
chemical releases in the United States, and to assess the need to reduce
the releases and transfers of toxic chemicals.  TRI enables all
interested parties to establish credible baselines, to set realistic
goals for environmental progress, and to measure progress in meeting
these goals over time.  As such, the TRI system has become a neutral
yardstick by which progress can be measured by all stakeholders. 

	EPA believes that the changes included in this rulemaking will reduce
reporting burden and save resources for regulated entities without
significantly compromising the usefulness of TRI information provided to
the public.  As a consequence of this rulemaking, a number of TRI
reporting forms will change from Form R to Form A.   For PBT chemicals
this change will be limited to regulated entities that have no
production and non-production related releases to air, land or water
on-site and no transfers off-site for disposal for both production and
non-production related waste.   These same forms will be limited to 500
lbs for recycling, energy recovery and/or treatment for destruction in
order to qualify for the new Form A eligibility.  For non-PBT chemicals,
expanded Form A eligibility will be extended to reports with total
production and non-production related releases to air, land or water
on-site and transfers off-site for disposal for both production and
non-production related waste of less than or equal to 2,000 lbs and
total production and non-production related waste less than or equal to
5,000 lbs per chemical.  These changes in the non-PBT eligibility
criteria result in a reduction of total release pounds reported of
approximately 0.14 percent, a reduction of total production related
waste pounds of approximately 0.06 percent, a reduction of total
non-production related waste pounds of approximately 0.48 percent, and a
reduction of total combined production and non-production related waste
pounds of approximately 0.06 percent. 

For both PBT and non-PBT chemical reporting forms, use of Form A will
result in information that would no longer be reported, specifically, on
the maximum amount of the chemical reported on-site at any one time and
the production ratio of the chemical.  Form A retains facility specific
information such as location, technical contact as well as the chemical
reported and the ARA range for eligibility. 

The likely impacts of the New and Expanded Eligibility for Form A
Options are discussed below.

5.1	NEW ELIGIBILITY FOR FORM A: PBT CHEMICALS

This option allows facilities reporting on PBT chemicals, except dioxin
and dioxin-like compounds, with zero disposal or other releases to use
Form A, provided they meet the 1,000,000 pound alternate reporting
threshold and have 500 pounds or less of total other production and
non-production related waste management quantities (i.e., ARA). Under
this option, 1,796 facilities could convert 2,360 Form Rs to Form As.
Eligible facilities would have zero disposal or other release quantities
for a PBT chemical, therefore, no data on releases would no longer be
reported. Information would not be reported, however, regarding the
use(s) of the chemical (i.e. was the chemical manufactured, processed,
or otherwise used), the maximum amount of the chemical on site at any
time during the calendar year, and the production ratio.  With regard to
the maximum amount of the chemical on site, information would not be
reported that, in the past, has been useful in:

emergency planning (equivalent data may also be available on Tier II
reports required under EPCRA section 312);

environmental data analyses (e.g. as a proxy for throughput); and

compliance targeting analyses (e.g. identifying facilities that are not
compliant with other EPA regulatory programs).

 Based on an analysis of the RY2004 data, EPA determined that the
majority of the forms eligible under this option would be for lead and
lead compounds, mercury and mercury compounds, and polycyclic aromatic
compounds (PACs), including benzo(g,h,i)perylene.  Information not
reported would, therefore, also include:

information on recycling small amounts of lead and lead compounds and
mercury and mercury compounds - eligible facilities would not be
reporting other waste management quantities for lead and lead compounds
or mercury and mercury compounds since for TRI reporting purposes most
metals cannot be combusted for energy recovery or treated for
destruction. Using RY2004 TRI data, EPA conducted an analysis of lead
and mercury reporters that suggested that the amount recycled by
eligible facilities is less than 0.01% of total lead or mercury
recycled.  Moreover, based on the Form A certification statement, data
users will know that an eligible facility is recycling 500 pounds or
less of lead or lead compounds or mercury or mercury compounds. 

information on recycling, energy recovery, or treatment of PACs,
including benzo(g,h,i)perylene, and other organic chemicals - eligible
facilities would be reporting recycling, energy recovery (typically via
burning in a boiler or industrial furnace), or treatment for destruction
(typically via incineration). Using RY2004 TRI data, EPA conducted an
analysis of PACs, including benzo(g,h,i)perylene, reporters that
suggested that the amount recycled, recovered for energy or treated by
eligible facilities is less than 0.03% of total PACs, including
benzo(g,h,i)perylene, recycled, recovered for energy or treated.
Moreover, based on the Form A certification statement, data users will
know that the facility is recycling, treating, or recovering for energy
500 pounds or less of PACs. 

For this information, however, the Form A provides a range (zero to 500
lbs) estimate of the ARA.  In total, less than 0.01 percent of total
production related waste and less than 0.01 percent of total
non-production related waste (Table 5-1) would no longer be reported on
Form R as a result of this option, even if all eligible facilities used
Form A.  Since it is unlikely that this will happen, the actual impacts
will likely be even smaller.

Table 5-2 shows that for the majority of PBT chemicals (95%), less than
10% of their total production related waste would no longer be reported.
However, for 5% of chemicals, between 10 and 49% of their total
production related waste pounds would no longer be reported. Similarly,
for total non-production related waste, for 91% of chemicals, less than
10% of their total non-production related waste would no longer be
reported. However, for 9% of chemicals, between 10 and 49% of their
total non-production related waste pounds would no longer be reported. 
A complete listing of the pounds of total releases and total production
related waste that would no longer be reported by chemical is presented
in Table A-1 in Appendix A.

5.2	EXPANDED ELIGIBILITY FOR FORM A: NON-PBT CHEMICALS

	The Expanded Eligibility for Form A: Non-PBT chemicals option extends
the alternate reporting threshold from 500 pounds to 5,000 pounds for
reports with on- and off-site disposal or other releases less than or
equal to 2,000 pounds. Under this option, 5,317 facilities could convert
9,501 Form Rs to Form As.  For forms qualifying under this option,
specific release and other waste management information will no longer
be reported to TRI as well as information regarding the use(s) of the
chemical (i.e. was the chemical manufactured, processed, or otherwise
used), the maximum amount of the chemical on site at any time during the
calendar year, and the production ratio. However, data users will know
that an eligible facility has no more than 2,000 pounds of total
production and non-production related on- and off-site disposal and
other releases, as well as no more than 5,000 pounds of total production
related and non-production related waste for each eligible Non-PBT
chemical. 

	To evaluate the extent of data not reported, EPA examined the volume of
total releases and total production related waste that would no longer
be reported. In total, approximately 0.14% of total releases, 0.06% of
total production related waste and 0.48% of total non-production related
waste would no longer be reported to TRI. At the chemical-specific
level, Table 5-3 shows that for the majority of chemicals (82%), less
than 10% of their total releases would no longer be reported. However,
for 5% of chemicals, between 50% and 99% of their releases pounds would
no longer be reported and for 6% of chemicals, 100% of their release
pounds would no longer be reported. Table 5-3 shows similar results for
total production and non-production related wastes. Specifically, for
91% of chemicals, less than 10% of their total production related waste
would no longer be reported. However, for 6% of chemicals, 100% of their
total production related waste pounds would no longer be reported. For
total non-production related waste, for 95% of chemicals, less than 10%
of their total production related waste would no longer be reported.
However, for 1% of chemicals, 100% of their total non-production related
waste pounds would no longer be reported.  A complete listing of the
pounds of total releases and total production related waste that would
no longer be reported by chemical is presented in Table A-2 in Appendix
A. 

COMMUNITY IMPACTS

	Extending the alternate reporting threshold will also affect the
distribution of TRI reporting at the community level.  EPA evaluated the
impact of this option to local communities using a postal zip code
analysis. As shown in Table 5-4, 6% of all zip codes containing TRI
reporters may not have any TRI information reported on Form R, and 47%
of all zip codes containing TRI reporters would expect to see
eligibility of at least one Form R change to Form A.  

TABLE 5-1

PERCENTAGE OF TOTAL RELEASE AND TOTAL PRODUCTION RELATED WASTE POUNDS
NOT REPORTED DUE TO NEW AND EXPANDED FORM A ELIGIBILITY

	Total Releases Not Reported	Total Production Related Waste Not Reported
Total Non-Production Related Waste Not Reported

	Lbs 	Percentage	Lbs 	Percentage	Lbs	Percentage

New Eligibility for Form A: PBT Chemicals Option	0	0.00%	83,129	0.01%
283	0.01%

Expanded Eligibility for Form A: Non-PBT Chemicals Option	5,713,104
0.14%	16,052,663	0.06%	83,832	0.48%



TABLE 5-2

PERCENT OF CHEMICALS WITHIN VARIOUS RANGES OF RELEASES AND OTHER WASTE
MANAGEMENT THAT WOULD BE ELIGIBLE FOR FORM A REPORTING 

(PBT OPTION)

Percent of Pounds Eligible for Form A Reporting	Total Releases

(Sections 5&6)	Total Production Related Waste

(Sections 8.1-8.7)	Non-Production Related Waste

(Section 8.8)	Total Waste

(Sections 8.1-8.8)

100% of pounds	0%	0%	0%	0%

99 - 50% of pounds	0%	0%	0%	0%

49 - 10% of pounds	0%	5%	9%	5%

9 - >0% of pounds	0%	65%	45%	65%

0% of pounds	100%	30%	45%	30%

Note:  Percentages above do not always add to 100% due to rounding.



TABLE 5-3

PERCENT OF CHEMICALS WITHIN VARIOUS RANGES OF RELEASES AND OTHER WASTE
MANAGEMENT THAT WOULD BE ELIGIBLE FOR FORM A REPORTING 

(NON-PBT OPTION)

Percent of Pounds Eligible for Form A Reporting	Total Releases

(Sections 5&6)	Total Production Related Waste

(Sections 8.1-8.7)	Non-Production Related Waste

(Section 8.8)	Total Waste

(Sections 8.1-8.8)

100% of pounds	6%	6%	1%	6%

99 - 50% of pounds	5%	0%	2%	0%

49 - 10% of pounds	8%	3%	3%	3%

9 - >0% of pounds	44%	56%	12%	56%

0% of pounds	38%	35%	83%	35%

Note:  Percentages above do not always add to 100% due to rounding.



TABLE 5-4

ZIP CODES ELIGIBLE FOR FORM A REPORTING  

(PBT AND NON-PBT OPTIONS)

 	Number of Zip Codes	Percent of Total Zip Codes Containing Form Rs
Average Number of Form Rs per Zip Code

Zip codes with at least one Form R newly eligible for Form A	4,246	47.4%
13.55

Zip codes with all form R’s newly eligible for Form A	557	6.2%	2.04

Note: Based on the RY2004 Frozen TRI data, there are 8,961 five-digit
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