HomeMy WebLinkAboutItem 1: Ordinance Adopting Hazardous Substance Tracking Instructions
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ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Adopting Amended Hazardous Substance Tracking
Instructions for Reports Due Beginning April 1, 2013, and Removing Three
Hazardous Substances from the List of Reportable Chemicals
Meeting Date: November 19, 2012 Agenda Item Number: 1
Department: Fire/EMS Staff Contact: Jo Eppli
www.eugene-or.gov Contact Telephone Number: 541-682-7118
ISSUE STATEMENT
The Toxics Board recommends adoption of an Ordinance amending the Hazardous Substance
Tracking Instructions for reports due beginning April 1, 2013, and removing three hazardous
substances from the List of Reportable Chemicals for the Eugene Toxics Right-to-Know Program.
BACKGROUND
The Eugene Toxics Right-to-Know Program was created in 1996 by an amendment to the Eugene
Charter that requires certain manufacturers to provide information to the public concerning the
use and disposition of federally listed hazardous substances. The Charter Amendment provides in
part that hazardous substance users in Eugene shall file an annual materials balance report that
lists inputs and outputs of all hazardous substances obtained, used or generated. As part of the
annual reporting process, the Toxics Board issues guidance to businesses required to report with
a handbook entitled Hazardous Substance Tracking Instructions, and maintains a corresponding
List of Reportable Chemicals. The Hazardous Substance Tracking Instructions include text of the
Charter Amendment, and detailed instructions for tracking and reporting chemicals.
Beginning in 1998, the City Council has adopted the Hazardous Substance Tracking Instructions
via Ordinance. In 2001, City Council adopted an Ordinance for the Hazardous Substance Tracking
Instructions that included a provision making council adoption effective for subsequent years,
until and unless City Council adopts further revisions. The City Council last adopted the Hazardous
Substance Tracking Instructions by Ordinance No. 20306 on December 3, 2003, and this version
has remained in effect for subsequent reporting years.
Pursuant to Section 54, Article III, Section 3 of the Eugene Charter, the Eugene Toxics Right-to-
Know Program requires reporting of chemicals that are federally listed in Sections 302 and 313 of
the Emergency Planning and Community Right-to-Know Act (EPCRA); the Clean Air Act (CAA); the
Clean Water Act (CWA); the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA); and the Resource Conservation and Recovery Act (RCRA). Chemicals meeting
federal definitions of hazardous waste for the characteristics of toxicity, reactivity, corrosivity, or
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ignitability are also reportable, even if they are not being disposed of as hazardous waste. Due to
the 1999 Oregon Court of Appeals ruling, the chemicals listed under the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA) and those chemicals defined as pesticides under ORS
634.006(8) are no longer reportable, while pesticide ingredients listed as hazardous substances
on the other federal regulatory lists cited in Section 54, Article III, Section 3 of the Eugene Charter
are reportable.
The List of Reportable Chemicals currently includes three hazardous substances that are regulated
only by FIFRA: captafol (CAS #002425-06-1); picloram salts and esters (CAS #002545-60-0); and
terbutylazine (CAS # 005915-41-3). In order to comply with the 1999 Oregon Court of Appeals
Ruling, these three hazardous substances should be removed from the List of Reportable
Chemicals.
The Toxics Board has reviewed the Hazardous Substance Tracking Instructions and the List of
Reportable Chemicals, and recommends that the City Council adopt an Ordinance to accomplish
the following:
1.Reformat and reorganize information in the Hazardous Substance Tracking Instructions to
create a more professional and user-friendly document, to reflect implementation of the
Internet-based data entry reporting program and the use of electronic signatures, to show the
new City of Eugene logo and to update links to the new City of Eugene website.
2.Revise the Hazardous Substance Tracking Instructions to clarify reporting requirements for
characteristic chemicals, metals and gases.
3.Remove from the List of Reportable Chemicals those chemicals that are now regulated only by
FIFRA:
captafol (CAS #002425-06-1);
picloram salts and esters (CAS #002545-60-0); and
terbutylazine (CAS # 005915-41-3).
RELATED CITY POLICIES
The Eugene Toxics Right-to-Know Program relates to the following Eugene City Council Goals and
Outcomes: Safe Community; Sustainable Development; and Effective, Accountable Municipal
Government.
The Toxics Board provides policy direction on the Eugene Toxics Right-to-Know Program, and
serves as an advisory board to the City Council, working under the Eugene City Charter Section 54
(Amendment IV).
Section 54, Article X of the Charter Amendment provides in part as follows:
The City Council shall, upon recommendation of the Toxics Board and without unreasonable
delay, enact reasonable ordinances necessary and proper for carrying into execution the
provisions of the Amendment.
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Ordinance No. 20306: An Ordinance Adopting the 2004 Hazardous Substance Tracking
Instructions for Reports Due April 1, 2005.
COUNCIL OPTIONS
1. Conduct public hearing and act on the Ordinance.
2. Conduct public hearing and postpone action on the Ordinance.
3. Provide other direction.
CITY MANAGER’S RECOMMENDATION
The City Manager and the Toxics Board recommend adoption of the Ordinance.
SUGGESTED MOTION
Move to adopt an ordinance amending the Hazardous Substance Tracking Instructions for reports
due beginning April 1, 2013, and removing three hazardous substances from the List of
Reportable Chemicals.
ATTACHMENTS
A.Proposed Ordinance
B.Amended Hazardous Substance Tracking Instructions
FOR MORE INFORMATION
Staff Contact: Jo Eppli
Telephone: 541-682-7118
Staff E-Mail: joann.c.eppli@ci.eugene.or.us
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Attachment A.
ORDINANCE NO. _________
AN ORDINANCE ADOPTING AMENDED HAZARDOUS SUBSTANCE
TRACKING INSTRUCTIONS FOR REPORTS DUE BEGINNING APRIL
1, 2013,ANDREMOVING THREE HAZARDOUS SUBSTANCES FROM
THE LIST OF REPORTABLE CHEMICALS.
The City Council of the City of Eugene finds that:
A.
Amendment IV to the Eugene Charter of 2002 was adopted at the general election
substance users in Eugene shall file an annual materials balance report that lists inputs and
outputs of all hazardous substances obtained, used or generated.
B.
On April 6, 1998, the City Council passed Ordinance No. 20112 adopting the
structions
have subsequently been amended, most recently by Ordinance No. 20306, passed on December
3, 2003, adopting the 2004 Instructions.The 2004 Instructions have remained in effect since
their adoption in 2003.
C.
The Toxics Board has reviewed the previous Instructions and developed amended
Instructions for reports due beginning April 1, 2013. Revisions to the 2004 Instructions are
necessary due to the length of time since the Instructions have been updated, and to comply with
the Amendment and ORS 453.370.
D.
Like the Instructions for prior years, the amended Instructions include numerous
provisions that describe provisions of the Amendment, give interpretations of the Amendment,
and include provisions that are necessary to implement the Amendment in a practicable manner
but which are not expressly contained in the Amendment. The Toxics Board has recommended
that the Council adopt the amended Instructions.
E.
The Council approves the amended Instructions as being consistent with the terms
and intent of the Amendment and ORS 453.370. The Council intends by this ordinance to adopt
the amended Instructions as binding on those persons covered by its terms.
F.
The Council adopts this ordinance pursuant to its authority under both section 4 of
the Eugene Charter of 2002 and Article X of Amendment IV to the Charter.
G.
In addition to amending the Instructions, the Toxics Board has also recommended
removing certain hazardous substances from the list of reportable chemicals. This
recommendation is based on a prior Court ruling that chemicals listed pursuant to the Federal
Insecticide, Fungicide and Rodenticide Act, and those chemicals defined as pesticides under
ORS 634.006(8), are not reportable under the Eugene Toxics Right-to-Know Program.
Ordinance - Page 1of 2
Attachment A.
Therefore, the following hazardous substances should be removed from the list of reportable
chemicals:
1.captafol (CAS #002425-06-1)
2.picloram salts and esters (CAS #002545-60-0)
terbutylazine (CAS #005915-41-3)
3.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The amended HAZARDOUS SUBSTANCE TRACKING
INSTRUCTIONS
, prepared by the Toxics Board, a copy of which is attached to this Ordinance
as Exhibit A, are hereby adopted by the Council for reports due beginning April 1, 2013. The
amended Instructions shall continue in effect for reports due in subsequent years until the
Council adopts revisions to the Instructions.
Section 2.
The following hazardous substances are removed from the list of reportable
chemicals:
1.captafol (CAS #002425-06-1)
2.picloram salts and esters (CAS #002545-60-0)
terbutylazine (CAS #005915-41-3)
3.
Adopted by the City Council this Approved by the Mayor this
_____ day of ______________, 20__ ____ day of _______________, 20__
City Recorder Mayor
Ordinance - Page 2of 2
Attachment B.
HAZARDOUS SUBSTANCE
TRACKING INSTRUCTIONS
City of Eugene
Toxics Right-to-Know Program
FOR BUSINESSES REQUIRED TO REPORT
IN ACCORDANCE WITH
EUGENE CITYCHARTER AMENDMENT IV
Last Revised: November 26, 2012
Attachment B.
Attachment B.
TABLE OF CONTENTS
Introduction .............................................................................................................. 1
Important Reminders .............................................................................................. 2
Acronyms and Definitions ....................................................................................... 3
Recommendations to Simplify Tracking and Reporting ..................................... 5
Process for Exemptions ........................................................................................... 8
Who Must Report .................................................................................................... 9
Deadline for Submitting Reports ............................................................................ 9
What Constitutes a Complete Report .................................................................... 9
Electronic Materials Accounting Data ........................................................................................ 9
Certification Form ..................................................................................................................... 10
Trade Secret Forms ................................................................................................................... 10
Recordkeeping ........................................................................................................10
What to Report .......................................................................................................11
Examples of Reportable and Not Reportable Substances ......................................................... 11
What Substances Must Be Reported ......................................................................................... 11
Table of Special Designations .................................................................................................. 13
Compounds and Mixtures ......................................................................................................... 14
Unidentified Chemicals ............................................................................................................ 14
Radioactive Materials ............................................................................................................... 14
Articles ...................................................................................................................................... 14
Metals and Metal Compounds .................................................................................................. 15
Threshold Amounts for Reporting ............................................................................................ 15
How to Calculate Inputs and Outputs ....................................................................................... 16
Input Types ............................................................................................................................... 17
Degree of Precision ................................................................................................................... 20
Expected Accuracy of Reporting .............................................................................................. 20
Priority System for Estimating/Determining Input/Output Amounts ....................................... 20
Examples of Each Estimation Method ...................................................................................... 21
Use of Material Safety Data Sheet (MSDS) Information ......................................................... 22
Use of Ranges ........................................................................................................................... 23
Administration .......................................................................................................23
Enforcement Actions ................................................................................................................ 23
Appeal of Penalty ...................................................................................................................... 24
Attachment B.
Audits ........................................................................................................................................ 24
Right to Dispute an Audit Finding ............................................................................................ 24
Supplying of Forms/Directions/Updates................................................................................... 24
Individual Source Lists ..........................................................................................25
Appendix A .............................................................................................................26
Toxics Right-to-Know Charter Amendment ............................................................................ 26
Appendix B .............................................................................................................34
Reporting Forms and Suggested Worksheet ............................................................................. 34
Appendix C .............................................................................................................38
Reportable Chemicals ............................................................................................................... 38
Appendix D .............................................................................................................39
Characteristics of Hazardous Waste ......................................................................................... 39
Appendix E .............................................................................................................43
Instructions for Reporting of Trade Secret Chemicals ............................................................. 43
Appendix F..............................................................................................................53
Questions from Businesses/Answers from Toxics Board ......................................................... 53
Attachment B.
Introduction
This handbook was approved on November 26, 2012 and officially adopted by the Eugene City
Council with Ordinance No. 20306 for Hazardous Materials Balance Reports due April 1, 2013
and subsequent years, unless and until the City Council adopts further revisions. The Toxics
Board will review this handbook every five years, or upon reasonable demand by a member of
the general public or a participating industrial representative. Reporting companies will be
notified in writing of any changes to these instructions, and changes will be applicable only to
reporting years subsequent to such notification.
The Eugene Toxics Right-to-Know Program is governed by a seven-member Toxics Board
b) recommend fees necessary to implement the program; c) direct the Toxics Program staff to
investigate reports of non-compliance; and d) publish the names of non-complying entities in a
local daily newspaper. The Toxics Board is also responsible for determining whether there has
been non-compliance in particular cases, and assessing appropriate penalties, if any, when non-
compliance is found. The Toxics Board has other duties as well.
The primary role of Toxics Program staff is to: a) receive and maintain reports; b) investigate
reports of non-compliance and report findings to the Toxics Board; and c) audit each reporting
entity on a random basis at least once every three years.
Marshal have additional duties under the charter amendment (Appendix A).
Compliance Schedule:
1.
substances listed by the City at https://ceapps.eugene-
or.gov/toxics/chem_reportable_list.aspx, as well as any meeting the definitions in
Appendix D of this handbook. Track inputs and outputs of the types specified in these
instructions, and keep a record of the methods used in your calculations.
2. At the end of the reporting year, you will receive the instructions necessary to file your
report. The instructions in this handbook are intended to assist Eugene businesses in
-to-Know law, and for purposes of determining
what data to enter on the electronic forms.
3. On December 31, complete your tracking of hazardous substance inputs and outputs for
the reporting year.
4. By April 1 of the following year, submit the completed report and certification form for
the reporting year.
Toxics Program Staff Contact Information
For more information on the Eugene Toxics Right-to-Know Program, or to obtain additional
copies of forms or instructions, call the Toxics Program staff at 541-682-7118, or send an email
nd
toToxics@ci.eugene.or.us. The mailing address for the Toxics Program is: 1705 W. 2Avenue,
Eugene, OR 97402; and the facsimile number is 541-682-7116.
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Attachment B.
Important Reminders
REPORTS ARE DUE
APRIL 1 EACH YEAR
Characteristic substances must be reported.
See Section III-E-2 in Appendix A. Also see Appendix D
and Section C of Appendix F.
TRADE SECRET HAZARDOUS
SUBSTANCES MUST BE REPORTED
PRIOR TO PROCUREMENT
OR PRODUCTION. FORMS ARE
INCLUDED IN THIS HANDBOOK,
APPENDIX E.
ELECTRONIC REPORTING IS REQUIRED.
REPORTING INSTRUCTIONSWILL BE
SENT AT THE END OF EACH YEAR.
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Attachment B.
Acronyms and Definitions
Accounting Period:
The accounting period for reporting is the calendar year, January 1 to
December 31.
Article:
A solid manufactured item which remains solid throughout
See Appendix F,
the manufacturing process, the unit size of which weighs more than 1
Questions 1-17
gram (0.0022 pounds), that is used by a facility in whole or in part,
without undergoing any chemical changes, in manufacturing of a
product or a portion of a product, and that does not release a reportable hazardous substance
under normal conditions of the processing of that item at the facility. See page 13 for
additional information concerning articles.
CAA:
Clean Air Act
CAS Number:
Unique identification number assigned to chemicals by the Chemical
Abstracts Service (CAS). Chemicals may be known by many names, but they will have just
one CAS number.
CFR:
Code of Federal Regulations
CERCLA:
Comprehensive Environmental Response, Compensation, and Liability Act
Charter Amendment:
The Eugene City Charter, Section 54. Amendment IV is referred to
-to-
Charter Amendment Definitions:
Other definitions are shown in Article III of the Charter
Amendment (see Appendix A).
Chemical Name:
The scientific designation of a substance in accordance with the
nomenclature system developed by the Chemical Abstracts Service.
Consumed:
Chemically altered during manufacturing so as to no longer exist in its former
chemical composition.
CWA:
Clean Water Act
DEQ:
Oregon Department of Environmental Quality
EHS:
Extremely Hazardous Substance as defined in Section 302 of 42 USC 11002
EPA:
United States Environmental Protection Agency
EPBT:
Extremely Persistent Bioaccumulative Toxin
EPCRA:
Emergency Planning and Community Right-to-Know Act
Facility:
All buildings, equipment, structures and other stationary items that are located and
operated on a single site or on contiguous or adjacent sites and that are owned or operated by
the same person(s) and relate to a common product. If a corporate entity operates two or
more separate (non-contiguous) facilities that are required to report, then a separate report is
required for each facility.
LEL:
Lower Explosive Limit
LRAPA:
Lane (County) Regional Air Pollution Authority
Materials Accounting/Full Materials Accounting/Materials Balance Reports:
An
accounting of the flow of individual hazardous substances into a facility, through its
so that inputs equal outputs of each hazardous
processes, and into its products and wastes,
substance to the accuracy of the smallest accounting units
(see pages 15-19 and Appendix
A), utilizing the best information available to the reporting entity.
MSDS:
Material Safety Data Sheet
NPDES:
National Pollution Discharge Elimination System
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Attachment B.
PBT:
Persistent Bioaccumulative Toxin
POTW:
Publicly Owned (wastewater) Treatment Works
Produced:
Chemically created during manufacturing (refers to a chemical not present in a
facility prior to the manufacturing process).
PSM:
Process Safety Management
RCRA:
Resource Conservation and Recovery Act
Reportable Hazardous Substances:
ThosToxics
website, and substances meeting the definitions in Appendix D, that are used for
or in manufacturing or activities that are related to or required for manufacturing.
RMP:
Risk Management Plan
SARA 313:
Superfund Amendments and Reauthorization Act, Section 313 of the Emergency
Planning and Community Right-to-Know Act (42 USC 11002)
SIC:
Standard Industrial Classification. These are 4-digit codes representing business
categories. To be required to report, Eugene businesses must have SIC categories that begin
with 20-39, inclusively.
Synonym
(of a Chemical Name): The common name(s) by which a chemical is known.
UEL:
Upper Explosive Limit
UFC:
Uniform Fire Code
VOC:
Volatile Organic Compound
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Attachment B.
Recommendations to Simplify Tracking and Reporting
Based on information and advice obtained from individuals who prepare reports for
participating businesses, the Toxics Board makes the following recommendations:
1. Persons preparing the reports should carefully review and take advantage of
existing policies that are intended to make reporting easier. These include:
a. Exemptions for articles. See page 14. Most metals purchased in bulk are
articles. Portions not converted into fumes, dust, filings, or grindings are not
reportable.
b. Threshold amounts for reporting. See page 15. If total inputs in a calendar
year are below 2.2 pounds for a hazardous substance or 0.022 pounds for an
extremely hazardous substance or extremely persistent bioaccumulative
toxin, then that substance need not be reported.
c. Threshold amounts for full materials balance accounting. See page 15. If
total inputs in a calendar year are between 2.2 pounds and 50 pounds for a
hazardous substance, or between 0.022 pounds and 5 pounds for an
extremely hazardous substance or extremely persistent bioaccumulative
toxin, only the total input quantity is required to be reported.
(Estimate total quantities first, to see whether they will meet reporting
thresholds, before proceeding with full calculations.)
d. Degree of precision. See page 19. For hazardous substances, reporting in
whole pounds is preferred unless the amount is less than 10 pounds, in which
case it should be reported to the nearest tenth of a pound. No greater
precision is required, except in the case of extremely hazardous substances or
extremely persistent bioaccumulative toxins.
e. Use of Ranges. See page 22. In estimating the amounts of hazardous
substances to report, a business may consider the range of compositions that
it receives as articles during the year, and choose an average value within the
range. This also applies when a range is reported on a Material Safety Data
Sheet.
f. Priority System for Determining Amounts. See page 22.Actual
measurements or calculations are required when available. When these are
not possible or not available, estimates based on best engineering judgment
of the manufacturer are allowed.
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Attachment B.
EXAMPLES:
1. A company uses a reportable substance to wash machinery. Some of
the substance goes down the drain, and the rest is wiped off with rags,
which are placed in a bin and later hauled away. The percentage of
the substance that is on the rags may be determined based on the
measurements of either output are being made.
2. In the same scenario, if the company does have information allowing
it to calculate the amount of the reportable substance that is being
released down the drain to the publicly owned treatment works, then
the difference between that amount and the total amount used can be
assumed to have been hauled away as waste, with the rags.
3. In manufacturing its product, a company applies an adhesive
containing a reportable substance. The company later trims the
product, generating some percentage of waste. Again, that percentage
judgment, unless it is possible to make a more accurate determination
based on information that is readily available. This could include the
weight of unfinished product minus the weight of finished product, if
those quantities are measured. Again, no additional measurements
not otherwise being taken are necessary.
g. Best information readily available. See Question 49 in Appendix F. It is not
the policy of the Toxics Right-to-Know Program to require businesses to
purchase new equipment or take additional measurements. Businesses are of
course free to do so at their discretion in order to improve the quality of the
information reported. As a general rule, however, information that is not
available is not reportable.
2. Review Appendix F to this handbook,
particular circumstances.
3. Technical assistance is available free of charge from the Toxics Program staff, 541-
682-7118. Technical assistance is also available for a fee, from a private consultant.
Environmental & Ecological Services are listed in the Yellow Pages.
4. Begin preparing your report soon after the end of the calendar year, while there is
still ample time to gather and organize your information. Do not postpone it.
5. Remember that the intent in enforcement is to be helpful and not punitive. The
Toxics Board and City staff are more interested in providing complete and accurate
information to the public than in assessing fines. Fines are only assessed in the event
of egregious violations, and never for a first offense.
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Attachment B.
6. Use standard spreadsheet software to track and organize information. Most
companies that have little problem with the report use Microsoft Excel spreadsheet
software or a similar product.
7. Contact vendors and waste haulers at the end of a year for full-year figures. This
will save you the trouble of tracking some substances throughout the year.
8. Consider implementing chemical inventory control measures, possibly including a
chemical approval form, and linking these to tracking and reporting.
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Attachment B.
Process for Exemptions
In compliance with ORS 453.370 the City has established the following procedure for exemption
from all or part of the Toxics Right-to-Know Program:
A. If a facility believes that it has evidence that its operations pose little or no risk to the
public health or the environment, the facility may request an exemption from all or part
of the material balance report requirement by submitting an Exemption Request form
provided by the Toxics Board.
B. A facility requesting an exemption must specify from what reporting requirements it is
seeking an exemption. A facility may not seek an exemption from a requirement to pay a
fee.
C. An Exemption Request form must be accompanied by a report prepared by an
independent public health or environmental consultant that demonstrates that the
D. The facility must submit a non-refundable filing fee of $150. The facility shall be
toxicologist to review the report submitted by the facility. Prior to the toxicologist
commencing review of the submitted report, the facility will be provided a fee estimate.
Within thirty (30) days of receiving the estimate, the facility shall notify the City whether
it wants to proceed with the report review or withdraw from the exemption process.
E.
commence review of its submitted report, the Toxics Board will meet to consider the
ty will have an
opportunity to speak to the Toxics Board regarding the requested exemption. Those
wishing to speak in opposition or in favor of the request may also speak at this meeting.
F. An exemption request may be denied, granted in whole, or granted in part.
G.An exemption shall not be granted (in whole or part) unless the facility establishes by
clear and convincing evidence that its operations and use of hazardous substance(s) do
not pose a risk to the public health or the environment.
H. Six out of the seven Toxics Board members must vote in favor of exempting the facility
in order for the facility to be exempted from all or part of the reporting requirements.
I.in
twenty (20) days of the meeting at which the request was considered.
J. The decision of the Toxics Board is final.
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Attachment B.
Who Must Report
Reports must be filed by businesses that meet all of the following criteria:
The facility is within the Standard Industrial Classification (SIC) categories of #20-#39 (first
two digits of the four-digit SIC category), or is a solid waste incinerator that accepts
infectious waste, or is a hazardous waste disposal incinerator. If you need assistance in
determining your SIC category, call Toxics Program staff at 541-682-7118.
The facility has 10 or more full-time equivalent employees (20,800 hours paid to employees
employed locally by the facility in the reporting year).
The facility has aggregate inputs of 2,640 pounds of reportable hazardous substances during
the reporting year. If the total is less than 2,640 pounds, the facility is not required to report.
The facility is stationary within the city limits of Eugene, and is not exempted. Exempted
facilities are public educational institutions, state and federal facilities and facilities of their
political subdivisions.
Deadline for Submitting Reports
Reports shall be filed by April 1 of the year following the reporting year (e.g., 2011 reports were
due April 1, 2012).
It is the policy of the Toxics Board that entities required to report may request an extension of
the April 1 reporting deadline by contacting Toxics Program staff at 541-682-7118.
What Constitutes a Complete Report
Electronic Materials Accounting Data
The law requires that materials accounting reports shall be filed electronically. Reporting
instructions will be sent to businesses around the end of the reporting year.
The reporting program contains electronic forms such as those shown on pages in Appendix B.
The forms provide for the name and CAS or other identifying number of each hazardous
chemical used by the facility during the reporting year, and for reportingamounts of inputs and
outputs of each type specified in the Right-to-Know Charter Amendment. Detailed instructions
for calculating these amounts are given starting on page 15 of this handbook, and instructions for
entering the data will be sent to reporting businesses each year.
The reporting program downloads data from the previous reporting year, and then automatically
enters January 1 inventories of reportable substances and waste based on the quantities reported
for December 31 of the previous reporting year. (The assumption here is that whatever was at the
facility on December 31 of the previous reporting year was still there the next day.)
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Attachment B.
Certification Form
With each electronic materials accounting report, an electronic certification form (with an
electronic signature checkbox) executed by a responsible officer of the company is required. This
form (see Appendix B) attests that the information filed electronically is correct and complete to
form will also provide the name, telephone number and email address of the person completing
,telephone number and email address will not be
r additional information is
needed. A faxed copy of the certification form is acceptable.
Trade Secret Forms
Provisions are made in the law for the reporting of trade secret chemicals when such status is
approved by the Fire Marshal. (See Appendix E, Trade Secret Reporting Forms and
Instructions.)
If you are claiming trade secrecy for one or more hazardous substances, you must submit:
1. A notarized report to the Fire Marshal submitted through Toxics Program
staff documenting that the substance is a trade secret as defined in the charter
This report must be on file prior to the procurement or
amendment.
production of a trade secret hazardous substance.
2. A report to the Toxics Board submitted through Toxics Program staff
documenting that the above report has been filed with the Fire Marshal. If a
one substance only
manufacturer is granted trade secret status for , materials
balance accounting is not required for that substance. However, the notarized
report to the Fire Marshal and the corresponding notification to the Toxics
Board are still required.
two or more
3. An aggregate materials accounting report if you claim reportable
trade secret substances, entered as a single line item in the regular Hazardous
Substance Report. If trade secret status is approved, the trade secret substance or
substances are reported using a special designation number, using the same
process as for other reportable substances. If denied, there is provision for appeal
to the Toxics Board.
4.
substance use and technological alternatives to trade secret substances.
Businesses interested in claiming trade secret status for substances should contact the Toxics
Program staff at 541-682-7118 for detailed reporting instructions.
Recordkeeping
A partial list of records that a facility may need to maintain for report generation and verification
during audits includes:
Engineering calculations and other notes
Purchase records from suppliers
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Attachment B.
Material Safety Data Sheets (MSDSs)
Inventory data
Production records
Records of sales or transfers of products from the facility
NPDES monitoring reports
Office of State Fire Marshal Hazardous Substance Information Survey
Flow-meter data
Pretreatment reports filed by the facility with the wastewater treatment plant
Invoices from hazardous waste management companies
Hazardous waste profiles
Process diagrams that indicate emissions and other releases
Any other records that your facility will need to substantiate the inputs and outputs of all
reportable hazardous substances, including method of estimation (seepages 20-22).
What to Report
Reporting businesses are required to determine which substances they need to report, and then to
report the inputs and outputs, by type, of each of those chemicals, such that total inputs and
outputs for each chemical are equal within the smallest accounting unit. A thorough review of
this handbook, especially the Charter Amendment (see Appendix A) and the list of reportable
chemicals (see Appendix C), is recommended.
Examples of Reportable and Not Reportable Substances
Reportable?
Articles, and substances contained in articles No
Hazardous fuel used to control a manufacturing process Yes
(See Appendix F, Question 37)
Natural Gas No
Solvents used for cleaning manufacturing equipment Yes
Substances used for fuel in motors on mobile vehicles No
Reportable substances used for maintenance of non-motorized vehicles Yes
used in manufacturing processes
Hazardous boiler additives to reduce scale formation during manufacturing Yes
Substances used as a structural component of the facility No
Janitorial, grounds maintenance and office supplies No
Substances used in building maintenance and construction activities No
Substances used for environmental monitoring not related to manufacturing No
Products in retail stores No
Radioactive substances that are part of sealed measuring devices No
Waste aerosol cans No
(See Appendix F, Question 40)
Reportable substances in waste aerosol cans Yes
What Substances Must Be Reported
or
be known to possess one or more
of the characteristics described in 40 CFR 261, Subpart C (see Appendix D). Radioactive
substances are also reportable (see paragraph below and Appendix A, Article III(E)(3)).
- 11-
Attachment B.
in printed form upon request by contacting Toxics Program staff at 541-682-7118.
To view the current list of reportable chemicals, go to:
https://ceapps.eugene-or.gov/toxics/chem_reportable_list.aspx.
To search for a particular chemical, go to: https://ceapps.eugene-
or.gov/toxics/chemical_list.aspx.
To determine whether or not a chemical is reportable, check if the chemical matches a City
listing. If the chemical cannot be found by matching name or CAS number, then determine if it is
in one of the reportable chemical categories (see Table of Special Designations on page 13) or if
as defined by 40 CFR 261. If neither name nor CAS
number nor category nor characteristic match the Eugene Toxics P
reportable substances, then your substance is not reportable.
: Businesses
are expected to conscientiously identify non-
would possess the characteristics of a hazardous waste, as defined in 40 CFR 261.20 through
s waste
In the list of reportable chemicals there are twocolumns: one entitled Characteristic; and another
entitled Source Lists. Chemicals/substances Yshown in the Characteristic column and a
Toxics Program reporting business number in the Source Lists column, indicate that those
chemicals were previously reported as characteristic by at least one reporting business, meaning
that they do not appear on th
-E). These characteristic substances shall not
be required to be reported by any business or added to the List of Reportable Chemicals until the
following steps have been completed:
1.If a business identifies a non-listed substance, and concludes that the substance does
indeed possess the characteristics of a hazardous waste as defined in 40 CFR 261.20
through §261.24, the business representativemust:
a.Verify the chemical
program);
b.Obtain a copy of an MSDS or laboratory analysis for the chemical as proof that
the substance meets the requirements to be considered a characteristic
chemical/waste (if no MSDS or no laboratory analysis is available, a written
account as to what has caused this chemical to be identified as a characteristic
chemical/waste is acceptable); and
c.Submit the above information to Toxics Program staff requesting Toxics Board
consideration for the substance to be added to the list as a characteristic chemical.
2.and required information, if the
substance is deemed a characteristic chemical by six (6) of the seven (7) Toxics Board
members, the Toxics Board will submit a written recommendation to the City Manager
requesting the substance be added to the list as a characteristic chemical. The
- 12-
Attachment B.
recommendation will include the reason for the recommended addition.
a.If the Toxics Board rejects the request, the Toxics Board will notify the business
representative in writing the reason for rejection, and the chemical shall not be
reportable.
3.
for inclusion of the substance.
4.If the City Manager agrees to include the chemical on the List of Reportable Chemicals,
the City Manager will establish a date when the additional chemical shall be subject to
the materials balance reporting requirements.
a.Ifthe City Manager rejects the recommendation, the City Manager will notify the
Toxics Board in writing the reason for rejection, and the chemical shall not be
reported.
: In the list of reportable substances, a number of chemical
-digit number, rather than a
CAS number. These categories are defined in SARA 313 (EPCRA), and chemicals included in
-to-Know law.
A Material Safety Data Sheet (MSDS) will often be helpful in determining whether you are
working with Chemical Category substances. This information may appear on the list of
chemicals may be listed without a CAS number, but as reportable under SARA 313.
Chemicals listed federally without CAS numbers: The Toxics Board has identified a small
number of chemicals or groups of chemicals that appear on the federal lists that comprise the
Eugene list of reportable substances, but that do not have CAS numbers. These appear on the list
other reportable chemicals.
Table of Special Designations
The generic designations C1 through C7 indicate chemicals whose
identity (CAS number) is not known to the reporting business, but
Cwhich are known to possess one or more of the characteristics of
hazardous waste as defined in 40 CFR Part 261, Subpart C
(Appendix D).
The N designation (followed by a three-digit number) indicates
Nchemical categories listed as reportable in SARA 313. They
include any compound that contains the listed chemical as part
of its infrastructure.
If an MSDS lists a substanceas reportable under SARA 313 or SARA
302, but does not identify the chemical because it is a trade secret of
SG
the supplier, the chemical may be reported as SG.
- 13-
Attachment B.
TB followed by a number indicates a chemical or group
TBof chemicals appearing on one or more of the Federal lists of
reportable substances cited in the Charter Amendment, but without
CAS numbers. The TB designator simply takes the place of a
CAS number for these chemicals.
See Appendix F,
Compounds and Mixtures
Questions 18-23
When hazardous substances occur in compounds or mixtures with other
and 49
substances, facilities are required to report only the weight of actual
hazardous substances. The Material Safety Data Sheet (MSDS) may give the percentage of
hazardous substances contained in a mixture or compound, and the weight of each can then be
calculated. Otherwise, businesses are expected to use their best engineering judgment and to
document it for purposes of audits.
Unidentified Chemicals
See Appendix F,
Often a company will know that a substance is reportable because it
Question 25
possesses one of the characteristics of hazardous waste as defined in 40
CFR Part 261, but the company will not know the identity of the
chemical (usually because it is a trade secret of the supplier). These chemicals should be reported
in the appropriate generic category (C1 through C7).
Occasionally, a chemical will be listed on an MSDS under a generic name and, instead of a CAS
cific chemical identity
information is not available, but you have information indicating that a substance is reportable,
provision is made to report the chemical in a generic category with the chemical identifier SG in
lieu of a CAS number.
For example
ance.
substances along with the chemical identifier SG.
Radioactive Materials
Companies must report the identity of radioactive materials for which they have inputs above 1
gram (0.0022 pounds), and must report the amount of input for radioactive substances whose
input exceeds 2.2 pounds. Materials accounting, including all four inputs and all 11 outputs, is
not required for radioactive substances.
Exception:
Sealed source radioactive materials, as defined by OAR 333-100-055(71), contained
in smoke detectors, survey equipment, and small laboratory testing equipment, are not required
to be reported.
Articles
See Appendix F,
For purposes of reporting under this program, the Toxics Board has
Questions 1-17
- 14-
Attachment B.
throughout the manufacturing process, the unit size of which weighs more than 1 gram (0.0022
pounds), that is used by a facility in whole or in part, without undergoing any chemical changes,
in manufacturing of a product or a portion of a product, and that does not release a reportable
hazardous substance under normal conditions of the processing of that item at the facility.
Any fumes, dusts, and grindings of reportable hazardous substances that are created during
processing, or any portion of the original article that is sent to a public landfill, waterway, or
otherwise released to the environment, are reportable.
The remainder of the article which remains unchanged after processing is not reportable.
practice is also acceptable.
Inputs of reportable hazardous substances that came to the facility as an article may be calculated
by summing the reportable outputs (fumes, dusts, grindings, and any other fractions that are
released to the environment). However, input category 3, produced on-site, should not be used.
processes. Instead, input categories 1, 2, and 4 should be used as appropriate.
Metal Fumes, Dusts, and Filings:Report hazardous substances that are fumes, dust, filings or
grindings that result from the manufacturing process of an article that consists of or contains the
hazardous substance. The portion of the article that is not converted into fumes, dust, filings or
grindings is not reportable.
Metals and Metal Compounds
Determine which of your metals and metal compounds are on the Chemical List, and which are
as you would any other reportable hazardous substance, subject to the thresholds given on page
15. For metal compounds that are not listed with a specific name but fit into a generic category,
ounds in the appropriate
input and output categories. However, do not report in the generic category those substances that
were reported under a specific name. This will avoid double counting.
Example:
Lead, lead phosphate, and lead compounds are each listed as reportable. If a business
has a lead input and manufactures lead phosphate, it would first do materials accounting for the
inputs and outputs of lead, including its incorporation into lead phosphate during manufacturing
(output types 1 or 2). Then the business would do materials accounting for the inputs (in this
case, produced at the facility, type 3) of lead phosphate, and account for its outputs. If the lead
phosphate is subsequently converted into another lead compound that is not specifically listed,
the manufacturing process.
Threshold Amounts for Reporting
To help make reporting feasible, the Toxics Board has developed the following policies. If you
do not know whether a chemical is reportable, or how it should be reported, contact Toxics
Program staff at 541-682-7118.
- 15-
Attachment B.
1. Minimum Amounts for Individual Chemicals: Total
See Appendix F,
inputs of a single chemical must meet the smallest
Question 39
accounting unit threshold (2.2 pounds for hazardous
substances and 0.022 pounds for extremely hazardous
substances and extremely persistent bioaccumulative toxins), or else that chemical
is not reportable. For radioactive substances, see page 14.
2. Thresholds for Full Materials Accounting: If total inputs fall below 50 pounds for
a hazardous substance or five pounds for an extremely hazardous substance or an
extremely persistent bioaccumulative toxin, but above the smallest accounting
balance accounting is not required. However, these amounts count toward the
2,640-pound overall reporting threshold.
3. When All Chemicals Fall Below the Threshold for Materials Accounting: If no
chemical has inputs exceeding 50 pounds, but the facility exceeds the 2,640-
pound aggregate input threshold, then materials balance accounting IS required
for the one chemical with the greatest input.
The following table summarizes threshold amounts for reporting.
REPORTABLE REPORTABLE
WITHOUT FULL WITH FULL
NONMATERIALS MATERIALS
REPORTABLEACCOUNTINGACCOUNTING
EXTREMELY HAZARDOUS
SUBSTANCE<0.022 pounds0.0224.99 pounds>5 pounds
HAZARDOUS SUBSTANCE<2.2 pounds2.249.99 pounds>50 pounds
H
ow to Calculate Inputs and Outputs
The electronic data entry reporting program will have fields to accommodate each input and
output type. In reporting, it is required that total inputs and total outputs for each substance must
balance to within the smallest accounting unit for that substance. The following table shows all
input and output categories.
I1Input 1January 1 InventoryO4Output 4December 31 Waste
I2Input 2January 1 WasteO5Output 5Emitted to Air
I3Input 3Produced On-siteO6Output 6Discharge to POTW
I4Input 4Brought On-siteO7Output 7Surface Water Release
O1Output 1Chemically AlteredO8Output 8Treated On-site
O2Output 2Shipped as ProductO9Output 9Recovered On-site
O3Output 3Shipped as WasteO10Output 10Disposed On-site
O11Output 11December 31 Inventory
- 16-
Attachment B.
Input Types
The law specifies four different types of inputs of hazardous substances:
1. Inventory at the facility at the beginning of the accounting period: Report the
quantity of each substance that is on-site on January 1 in purchased or
manufactured condition. This does not include the quantity of a substance that is
For each
considered waste waiting for treatment or disposal (see input type 2).
substance, this amount should be the same as the amount reported in Output
Type 11 (inventory at the facility at the end of the accounting period) for the
previous year.
2. Waste stored at the facility at the beginning of the accounting period: Report the
quantity of the substance that is on-site on January 1 that is waste. This is the
portion of the substance that has been used in a manufacturing process and is
For each substance, this amount should be
waiting for treatment or disposal.
the same as the amount reported in Output Type 4 (waste stored at the
facility at the end of the accounting period) for the previous year.
3. Quantity produced at the facility: Report the total quantity of the substance
produced by chemical processes on-site during the calendar year. The total
quantity includes material prepared in a production process whether as a final
product or as an isolated intermediate, and quantities generated as waste that were
not stored on-site on January 1 (Input #2). The quantities produced as transient,
non-isolated intermediates should not be reported.
4. Quantity brought to the facility: Report the total quantity of the substance brought
into the facility from all off-site suppliers, including other facility locations and
divisions of your own company, during the calendar year.
Output Types
The law specifies 11 different types of outputs of hazardous substances:
1.
See Appendix F,
processes: Chemically altered, or consumed, means
Questions 50
and 52
altered in manufacturing processes must be accounted
since they represent a reduction of the quantity present. Reportable substances
generated during chemical alteration of another substance must be reported as
inputs of type 3 in the section above.
Transient intermediates, those compounds that are produced and then fully
consumed in a continuous process, even if on the list of reportable hazardous
substances, are not reportable.
Businesses may choose average yields of reactions performed at the facility for
the purposes of calculating quantities chemically altered, and apportioning the
product to other output types, e.g., between product and waste.
- 17-
Attachment B.
2. Quantity shipped from the facility in product: This output includes any reportable
substance that is shipped as a product, or part of a product. This includes
substances shipped in a form suitable for final use (end product) or as
intermediates subject to further processing leading to final use. Report the
quantity of the substance only, not the total quantity of the product within which it
is a component.
Examples:
a. Metals such as Zn or Ni plated onto an article. Report only the weight of
the metal that was plated onto the article, not the total weight of the final
product.
b. Reportable substances contained in a paint or solvent. Report only the
weight of reportable hazardous substances contained in the product, not
the entire weight of the product.
c. A monomer, dimethyl phthalate, is produced in Eugene and shipped to
California to be polymerized. The polymer is shipped to Texas where it is
used to make beverage containers. The original monomer, which is
reportable under the Eugene law, even though far from a final product,
must be reported as product shipped from the facility.
3. Quantity transferred away from the facility as waste: Report the quantity of the
reportable hazardous substance that is transferred to other locations as waste,
whether for recycling, energy recovery, treatment or disposal. Report the quantity
of the substance only, not the total quantity of the waste within which it is a
component.
NOTE: If your company is paid for materials taken away by recyclers or anyone
else, then those materials are products and their reportable components should be
reported in Output Category 2 above.
4. Waste stored at the facility at the end of the accounting period: Report the
quantity of the reportable substance remaining on-site on December 31 that is
waste, regardless of its eventual intended disposition (e.g., recycling, energy
recovery, treatment or disposal). This is the portion of the substance that has been
used inthe process and is waiting for treatment or disposal. Report the quantity of
the substance only, not the total quantity of the waste within which it is a
This amount should carry over to Input Type 2 (waste stored at
component.
the facility at the beginning of the accounting period) for the following year.
5. Quantity emitted to the air: Report the quantity of the reportable hazardous
substance that was emitted to the air. Include not only stack emissions, but also
fugitive emissions from your facility.
Stack emissions are emissions that are released into the atmosphere from a readily
- 18-
Attachment B.
identifiable point source. This includes emissions from stacks, exhaust vents,
ducts, pipes, or other confined air streams.
Fugitive emissions are emissions that are not released through stacks, vents, ducts,
pipes or other confined air stream. Included are evaporation, leakage, or releases
from the following sources: blending operations; transfer operations; charging
and discharging reaction vessels; storage piles and tanks; leaking seals, pumps,
flanges, valves, etc.; furnaces or kilns; open vats or pits; crushing, pelletizing or
grinding operations; and loading and unloading operations.
6. Quantity discharged into publicly treated sewage: Report the quantity of the
substance discharged into the wastewater collection system (sanitary sewer).
Report the actual amount of the hazardous substance, not the total discharge.
7. Quantity released into surface waters: Report the quantity of the substance
discharged directly into surface waters, other than quantities that went to surface
waters via the sewer system (output type 6). This would include storm water
runoff and any spills that ran into surface waters.
8. Quantity eliminated through treatment at the facility:
See Appendix F,
Report the quantity of the reportable substance that was
Question 46
destroyed or neutralized through on-site treatment
processes, including gaseous, wastewater (aqueous),
liquid (non-aqueous), and solid. Destruction may include any process that changes
the physical, chemical, or biological character or composition of the substance so
as to neutralize or chemically decompose the waste. If during treatment new
reportable substances are created that leave the facility as other forms of output,
they must be reported as inputs of type 3 (produced at the facility) and as outputs.
Example:
A facility uses nitric acid and sodium hydroxide for neutralization.
During the process they react to form water, nitrate and sodium ions. Both the
nitric acid and the sodium hydroxide are treated and neutralized in the process.
The mass of sodium nitrate produced must be calculated and is reportable as a
nitrate compound (water dissociable).
9. Quantity eliminated through energy recovery at the facility: Reportable energy
recovery is the combustion of residual material containing a hazardous substance
when (a) the combustion unit is integrated into an energy recovery system
(boilers, industrial furnaces and industrial kilns), and (b) the substance that is
combustible has a heating value high enough to sustain combustion.
Metals and metal compounds cannot be reported in this output because they are
not combustible. The metal component of the material being combusted could be
in the ash or could be in the exhaust. If it is in the ash, the metal component that is
a hazardous substance would be reported as output of type 3 (quantity transferred
away from the facility as waste), or output of type 10 (quantity disposed on-site),
depending on what happens to the ash. If it is exhausted, it would be reported as
output of type 5 (quantity emitted to the air).
- 19-
Attachment B.
10. Quantity disposed on-site: Report each hazardous substance that is ultimately
disposed of on the same site as the manufacturing facility. This category includes
settling ponds, irrigation, on-site landfills and land treatment (i.e., incorporating
waste into soil for treatment). If there is any volatilization of a hazardous
substance into the air during the disposal on-site, that amount must be included in
output type 5 (quantity emitted to the air).
11. Inventory at the facility at the end of the accounting period: Report the unused
quantity of the substance that is remaining on-site on December 31 in purchased
or manufactured condition. This does not include the quantity of the substance
used in the manufacturing process that is waste waiting for treatment or disposal
This amount should carry over
(i.e., output type 4, waste stored at the facility).
to Input Type 1 (inventory at the facility at the beginning of the accounting
period) for the following year.
Degree of Precision
For the purpose of reporting, decimal amounts (rounding to one decimal for hazardous
substances and to three decimals for extremely hazardous substances and extremely persistent
bioaccumulative toxins) are to be used only when the whole number of pounds for hazardous
substances is less than 10 and for extremely hazardous substances or extremely persistent
bioaccumulative toxins less than 1.
Expected Accuracy of Reporting
The Toxics Board recognizes that measurement to the level of the smallest accounting units will
be difficult or impossible to achieve in many cases. Businesses are expected to do their best to
be as accurate as possible, and each input/output category should be reported in a discrete
Fire Marshal, is not acceptable.
Businesses are expected to use the best information that is already available to them. See
Recordkeeping on pages 10 and 11. Businesses are not expected to purchase new monitoring or
measuring equipment for the purposes of reporting, unless such equipment is required by Federal
or State regulatory agencies. Neither are businesses required to perform additional sampling or
laboratory analysis in order to generate input/output reporting data.
The basis for reporting should be internally documented by the facility.
Priority System for Estimating/Determining Input/Output Amounts
Businesses are expected to use information that is already available to them, using the priority
system (M>C>E>O) described below. A business may be asked to explain its choice of
estimation method in an audit.
The priority system (M>C>E>O) is intended as a general guidance for
See Appendix F,
estimating amounts. However, in certain cases, method E (estimate
Questions 43-44
based on emission factors) may yield better data than method C
(estimate based on mass balance), and should be used.
- 20-
Attachment B.
M Estimate based on monitoring data or measurements for the substance.
Note:
error associated with them.
C Estimate based on mass balance calculations if directly used to calculate mass.
E Estimate based on published emission factors.
O Estimate based on engineering calculations (using published mathematical
formulas, e.g., evaporation rates) or best engineering judgment.
Examples of Each Estimation Method
1. Method M: Averages of measurements of Volatile Organic Compounds (VOCs)
in water sent to publicly owned treatment works (POTW) multiplied by the total
water discharge as recorded by the public utility may be used to estimate outputs
to the POTW of those compounds.
2. Method C: To estimate releases of Chemical X to air from a process vent:
Step 1. Draw a diagram, label all streams, and list input and output values.
.
2000 lbs/yr
Consider a unit process that uses Chemical X to produce a product. In a year,
10,000 pounds of Chemical X are used to produce 24,000 pounds of a product
containing 25% (6,000 pounds) of Chemical X by weight. The input consists of
8,000 pounds of purchased Chemical X and 2,000 pounds that are collected from
recycling. This process generates 10,000 pounds of solid waste containing 15%
(1,500 pounds) of Chemical X, and re-generates 2,000 pounds of Chemical X for
recycling. The only other unit process stream is a process vent, which emits an
unknown amount of Chemical X to the atmosphere.
Step 2. Set up equations with input streams equal to output streams.
Considering the quantities of Chemical X in all streams that enter or leave the
- 21-
Attachment B.
process, the amount of Chemical X that is lost through the process vent on an
annual basis can be estimated as follows:
Input = Amount purchased (8,000 pounds)
Output = Product (24,000 lbs x 25%) + waste (10,000 lbs x 15%)
+ process vent loss
Input = Output
8,000 lbs Chemical X = 6,000 lbs + 1,500 lbs + process vent loss
Process vent loss = 8,000 - 6,000 - 1,500 = 500 lbs Chemical X per year
3.
Method E: Emission Factors published in the EPA document AP-42, or those al-
ready approved by LRAPA, or those developed specifically for your facility, are
all acceptable means of estimation of air emissions, unless monitoring data are
th
available. AP-edition, is
available at: (1) LRAPA office, (2) University of Oregon library, or (3) on the In-
ternet at http://www.epa.gov/ttn/chief/ap42/index.html.
4. Method O: When no data exist and document-driven estimation methods are not
available, a business may use its best engineering judgment in calculating
reportable quantities. When engineering calculations are appropriate, businesses
are encouraged to consult EPA 560/4-88-
1987at
http://nepis.epa.gov/Exe/ZyNET.exe/10003BA2.TXT?ZyActionD=ZyDocument
&Client=EPA&Index=1986+Thru+1990&Docs=&Query=FNAME%3D10003B
A2.TXT%20or%20(%20Estimating%20or%20Releases%20and%20Waste%20or
%20Treatment%20or%20Efficiencies%20or%20for%20or%20the%20or%20Toxi
c%20or%20Chemical%20or%20Release%20or%20Inventory%20or%20Form)&
Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QFiel
d=&QFieldYear=&QFieldMonth=&QFieldDay=&UseQField=&IntQFieldOp=1
&ExtQFieldOp=1&XmlQuery=&File=D%3A%5Czyfiles%5CIndex%20Data%5
C86thru90%5CTxt%5C00000002%5C10003BA2.txt&User=ANONYMOUS&Pa
ssword=anonymous&SortMethod=h%7C-
&MaximumDocuments=10&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y
150g16/i425&Display=p%7Cf&DefSeekPage=x&SearchBack=ZyActionL&Back
=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&See
kPage=x&ZyPURL. This document is also available from National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161. The NTIS
Accession Number is PB 88-210380.
Use of Material Safety Data Sheet (MSDS) Information
Information taken directly from a MSDS is considered accurate for the purposes of reporting,
unless the reporting company has more accurate information.
- 22-
Attachment B.
If the MSDS of a purchased material identifies a contaminant as belonging to a SARA 313
Chemical Category and that material represents less than 1% of the total weight of the purchased
material, reporting of that contaminant is not required. Chemical categories are defined in SARA
Use of Ranges
In estimating the amounts of hazardous substances to report, a business may consider the range
of compositions that it receives as articles during the year, and choose an average value within
the range. For example, if the stainless steel that a business uses for manufacturing contains,
among other substances, chromium, and the business generated 900 pounds of fumes, dust,
filings or grindings from such articles, and the chromium content ranged from 6-8%, the business
could choose 7% (or another percentage they feel is more justifiable) and then report 63 pounds
of chromium in the appropriate output category(ies).
Likewise, when an MSDS gives ranges of components of mixtures,
See Appendix F,
the business may report the midpoint of the range, or be prepared to
Question 49
explain their rationale for any other choice used for reporting.
Example:
An MSDS gives the following composition: Reasonable Reporting:
Material 1 50-60% 55%
Material 2 10-20% 15%
Material 3 20-30% 25%
Material 4 5-10% 5%
TOTAL 85-120% 100%
Administration
Enforcement Actions
See Appendix F,
The law gives the Toxics Board broad powers to enforce violations.
Question 44
However, it is the intent of the Toxics Board to assist companies in
their efforts to comply with the law. Companies that make an honest
and conscientious effort to comply with the law and that work with the Toxics Board to
continuously improve the quality of their reporting are unlikely to face enforcement actions.
Blatant disregard for the law or the truth, or an unwillingness to provide adequate information as
directed by the Toxics Board, however, is likely to result in enforcement actions. There will be
intermediate cases of reporting errors involving gross inaccuracies and/or omissions and/or data
accumulation process errors. Whether or not these errors result in enforcement actions will be a
decision of the Toxics Board, which will take into account the factors listed in Section 8.2.C of
the law.
Concerning companies that are required to report but have not reported, the Toxics Board will
consider the merits of each case that comes to its attention. Companies voluntarily coming
forward, even years late, are unlikely to face the level of penalties that may be assessed against
companies identified by the Toxics Board through other means.
- 23-
Attachment B.
Appeal of Penalty
Prior to imposition of any penalty, a business shall have an opportunity to be heard by the Toxics
Board as to the occurrence or nonoccurrence of a violation, the circumstances surrounding a
violation, and the amount of a penalty, if any, that should be imposed. The Board may ask a
hearings official, City staff member, or the City Attorney to preside at the hearing and to advise
the Board as the Board deems appropriate. Prior to any hearing on a penalty, the Board shall
provide to the business, and to any person who the Board knows is interested in the matter,
notice of the specific procedures that it will follow at the hearing. The decision of the Toxics
Board shall be final, except that under Section 8.1.B of the law, any person may appeal the
decision to the Circuit Court for Lane County.
Audits
Toxics Program staff will audit every reporting business at least once every three years. The
charter amendment provides for advance audit notification of no more than one month. For
reporting businesses that have previously been inspected by program staff, the audit consists of a
review of all data reported since the previous audit, followed by written notification of questions
and/or required corrections. A business is given 30 days to respond to an audit letter. Failure to
respond in a timely fashion may be considered a violation of the City Charter (see Appendix A,
Article VIII). There is no penalty for an initial violation, but such violation will be recorded.
Penalties are provided for subsequent violations.
In the case of a business that has not been physically inspected, the audit shall consist of such
inspection followed by a written report of any observations made during the inspection and/or in
a review of the data reported. Again, the business will be given 30 days to respond to the written
audit report.
Businesses that are suspected of being required to report but have not filed a report may be
Right to Dispute an Audit Finding
If a business believes an audit finding is incorrect, or a recommendation made by the Toxics
Program staff for a change in reporting method is incorrect or inadvisable, the business may
appeal that recommendation to the Toxics Board, stating the reasons for the appeal. The Toxics
ay appeal the
decision to the Circuit Court for Lane County.
Supplying of Forms/Directions/Updates
At the end of the reporting year, instructions necessary to complete the reporting process for the
current year will be sent to businesses required to report. The Toxic Right-to-
Hazardous Substance Tracking Instructions handbook is available in printed and other forms
upon request by contacting Toxics Program staff at 541-682-7118, and is also available atthe
Eugene Public Library.
- 24-
Attachment B.
Individual Source Lists
See Eugene City Charter Amendment IV, Section III, paragraphs A and E, for the list of
covered chemicals.
IMPORTANT NOTE: Due to the 1999 Oregon Court of Appeals ruling, the provisions of
the Eugene Charter Amendment IV governing chemicals listed pursuant to the Federal
Insecticide, fungicide, and Rodenticide Act (FIFRA), and those chemicals defined as
pesticides under ORS 634.006(8) are not reportable under the Eugene Toxics Right-to-
Know Program.
Characteristics of Hazardous Waste: See 40 CFR 261.20-261.24 (Appendix D of this handbook)
Clean Air Act Section 112(b), Hazardous Air Pollutants: See 42 USC 7412(b)
Clean Air Act Section 602(b), Class II ozone-depleting substances: See 42 USC 7671a(b)
Clean Water Act Section 307(a), Priority Pollutant List: See 40 CFR Ch. 1, pt. 423, Appendix A
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section
102: See 40 CFR Ch. 1, pt. 302.4, Appendix A
Emergency Planning and Community Right-to-Know Act (EPCRA) Section 302, Extremely
Hazardous Substances: See 40 CFR Ch. 1, pt. 355, Appendix A or B
Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 substances:
See EPA Toxic Chemical Release Inventory (TRI) Reporting Form R and Instructions book,
Table II
Radioactive substances: See ORS 469.300 and ORS 453.005
Resource Conservation and Recovery Act (RCRA) Section 3001: See 40 CFR Ch. 1, pt.
261.33(e) and Appendix VIII to pt. 261
- 25-
Attachment B.
Appendix A
Toxics Right-to-Know Charter Amendment
(Excerpt from Eugene City Charter (including 2002 amendments):
Section 54. Amendment IV.
The City of Eugene Charter is hereby amended as follows:
ARTICLE I - FINDINGS AND STATEMENT OF LOCAL PROBLEM
Section 1. The people of Eugene do hereby find that:
A.exposure to toxic chemicals can damage human health and the environment; and
B.citizens have a fundamental right to know the identity and amounts of toxic
chemicals that are released into the workplaces, air, water, soil, and environment
of their community.
ARTICLE II SCOPE
Section 2.1. Facilities covered by this Section.
A.Except as exempted in Section 2.2, this Section shall apply to facilities within the
City of Eugene that are:
1.within the Standard Industrial Code categories #20 - #39, inclusively as
listed in Standard Industrial Classification Manual (Office of Management
and Budget, 1987);
2.solid waste incinerators that accept infectious waste; and
3.hazardous waste disposal incinerators.
Section 2.2. Facilities exempted by this Section. This Section shall not apply to:
A.state and federal facilities; and
B.public educational institutions.
ARTICLE III DEFINITIONS
Section 3. As used in this Section, the following definitions shall apply:
A."Extremely hazardous substance" means all substances listed in Section 302 of
the Emergency Planning and Community Right-To-Know Act (42 USC 11002) as
of the effective date of this Section. If a substance is added to or removed from
the federal list of reportable substances under section 302 of 42 USC 11002, the
Toxics Board may recommend to the City Council that the substance be added to
or removed from the definition of "extremely hazardous substance" in this
Section. The council may remove a substance from the definition only if the
Toxics Board has recommended its removal.
B."CAS number" means the identification number assigned to a substance by the
Chemical Abstract Service.
- 26-
Attachment B.
C."Chemical Name" means the scientific designation of a substance in accordance
with the nomenclature system developed by the Chemical Abstract Service.
D."Facility" means all buildings, equipment, structures and other stationary items
that are located and operated on a single site or on contiguous or adjacent sites
and that are owned or operated by the same person(s) and relate to a common
product or service.
E."Hazardous substance" means:
1.any substance listed or described, as of the effective date of this Section,
on any of the following lists of chemicals regulated or identified as of
concern:
(a)Section 112(b) of the Clean Air Act(CAA) as amended in 1990
(Hazardous Air Pollutants); 42 USC 7412(b);
(b)Section 602(b) of the CAA (Class II ozone depleting substances);
42 USC 7671a.(b);
(c)Section 307(a) of the Clean Water Act (CWA) (Priority Pollutant
List); 33 USC 1317(a);
(d)U.S. Environmental Protection Agency Active Ingredients,
including Special Review, Canceled/Denied or Suspended, and
Restricted Use Pesticides, pursuant to the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA; 7 USC 136 et seq.);
(e)U.S. Environmental Protection Agency List 1 Inert Ingredients of
Pesticides ("Inerts of Toxicological Concern"), pursuant to the
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA; 7
USC 136 et seq.);
(f)Section 102 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA); 42 USC 9602;
(g)Section 3001 of the Resource Conservation and Recovery Act
(RCRA; 42 USC 6921) and chemicals listed at 40 CFR 261.33 (e)
and Appendix VIII.
2.any substance which, if it were in a container, would possess the
characteristics of a hazardous waste, as defined in 40 CFR 261.20 through
§261.24, authorized by RCRA;
3.radioactive waste and material as defined in ORS 469.300 and radioactive
substance as defined in ORS 453.005;
4.any substance, regardless of quantity, required to be reported pursuant to
Section 313 of the Emergency Planning and Community Right-to-Know
Act (EPCRA); 42 USC 11002; or
5.If a substance is added to or removed from the lists described in Article
III, Section 3 E.1. or E.4. of this Section, the Toxics Board may
recommend to the city council that the substance be added to or removed
from the definition of "hazardous substance" in this Section. The council
may remove a substance from the definition only if the Toxics Board has
recommended its removal.
F."Hazardous substance user" means: the owner and/or operator of a commercial or
public facility that is stationary within the boundaries of the City of Eugene and
that:
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Attachment B.
1.has a total input of more than 2,640 pounds of hazardous substances
during a calendar year;
2.employs ten or more full-time equivalent employees;
3.is not exempted pursuant to Section 2 .2.
G."Input" means the sum of the following categories of each hazardous substance:
1.inventory at the facility at the beginning of the accounting period;
2.waste stored at the facility at the beginning of the accounting period;
3.quantity produced at the facility; and
4.quantity brought to the facility.
H."Materials balance" means an accounting of the flow of individual hazardous
substances into a facility, through its processes, and into its products and wastes
such that inputs equal outputs of each hazardous substance to the accuracy of the
smallest accounting units (Article III(K)) for each hazardous or extremely
hazardous substance.
I."Output" means the sum of the following categories of each hazardous substance:
1.quantity chemically altered in the facility's processes;
2.quantity shipped from the facility in product;
3.quantity transferred away from the facility as waste;
4.waste stored at the facility at the end of the accounting period;
5.quantity emitted to the air;
6.quantity discharged into publicly treated sewage;
7.quantity released into surface waters;
8.quantity eliminated through treatment at the facility;
9.quantity eliminated through energy recovery at the facility;
10.quantity disposed on-site; and
11.inventory at the facility at the end of the accounting period.
J."Person" means an individual, corporation, partnership, trust, association, the City
of Eugene, or any officer, agent, or employee thereof.
K."Smallest accounting unit" means 2.2 pounds of a hazardous substance; 0.022
pounds of an extremely hazardous substance.
L."Trade secret information" means information which is exempted from disclosure
as a trade secret pursuant to any Federal or State law including but not limited to
42 U.S.C. 11042(b) of the Federal Emergency Planning and Community Right to
Know Act.
ARTICLE IV RESOLUTION
Section 4. Be it resolved and ordained by the people of Eugene that: all hazardous substance
users in Eugene shall file an annual, public, materials balance report listing inputs and
outputs of all hazardous substances obtained, used, or generated.
ARTICLE V - HAZARDOUS SUBSTANCES PUBLIC REPORTING
Section 5.1. Materials balance reporting
A.Materials balance reports shall indicate the weight in pounds of hazardous
substances in each of the categories enumerated in Article III(G) and III(I).
- 28-
Attachment B.
B.Each hazardous substance shall be designated by full chemical name and CAS
number.
C.All materials balance reports shall be filed electronically on forms provided by the
Toxics Board as defined in Section 6.1 of this Section. These completed forms
shall be compatible with the Eugene Public Library's computer system. These
forms, common to all reporting entities, shall be in an easily understood format
for both the reporting entity and the public.
D.An authorized representative of the reporting facility shall file a signed
declaration with the Toxics Board certifying that the facility has filed the report
and that it is accurate and complete.
E.The materials balance reports shall be filed by April 1 of each year for the
previous calendar year.
F.The repository for all materials balance reports shall be the Eugene Public
Library, where they shall be readily accessible by the public for seven years after
reporting. Reports older than seven years shall be archived by the City Recorders
Office.
Section 5.2. Reporting related to trade secret chemicals.
A.If a claim of trade secrecy is made by any hazardous substance user for one or
more hazardous substances, that user must:
1.file with the Office of the Fire Marshal a notarized report documenting
that the hazardous substance is comprised of a substance which satisfies
all conditions of the definition of trade secret information as found in
Article III(L). A separate report must be filed for each trade secret
chemical. The notarized report shall be on file with the Fire Marshal prior
to commencement of procurement or production of each trade secret
chemical.
2.file with the Toxics Board, on a form provided by the Toxics Board,
notification of each trade secret report filed with the Office of the Fire
Marshal.
3.file with the Toxics Board, on a form provided by the Toxics Board, an
aggregate materials balance account for all trade secret hazardous
substances, if trade secrecy is claimed for more than one hazardous
substance by any hazardous substance user. This report shall be filed by
April 1 of each year.
4.file with the Toxics Board, prior to April 1 of each year, an annual, public
report prepared by a qualified independent auditor, on a form supplied by
the Toxics Board, which reports:
(a)whether the hazardous substance user has taken and is taking the
greatest possible precautions in its use of each trade secret
hazardous substances; and
(b)whether or not there are, for each trade secret chemical,
technological options available for using alternative processes or
chemicals that likely are more protective of workers, the
community, and natural resources.
- 29-
Attachment B.
B.The repository for the annual public reports on use and alternatives to use of trade
secret chemicals shall be the Eugene Public Library, where the reports shall be
readily accessible for seven years after reporting. These completed forms shall be
readable by the Eugene Public Library's computer system. Reports older than
seven years shall be archived by the City Recorders Office.
ARTICLE VI - ADMINISTRATION OF HAZARDOUS SUBSTANCE REPORTING
Section 6.1. Appointment of the Toxics Board
A.The City Council shall appoint a Toxics Board of seven people to enforce and
implement this Section.
1.Three members shall be appointed who are employed by or are agents of
"persons" required to report under this Section.
2.Three members shall be appointed who are not employed by or are not
agents of "persons" required to report under this Section, and who have a
demonstrable record of advocating for the public's right-to-know.
3.One member shall be nominated by a two-thirds majority of the six
appointed members.
B.Any vacancies in the membership of the Toxics Board shall be filled, so as to
maintain the balance set forth in Section 6.1(A), within two months of the
creation of a vacancy.
C.Term of Office:
1.The term of office shall be three years, except that two members, one from
Section 6.1(A)(1) and one from Section 6.1(A)(2), of the first Toxics
Board shall be appointed to serve a first term of one year; three members,
one each from Section 6.1(A)(1), 6.1(A)(2) and 6.1(A)(3) shall be
appointed to serve a first term of two years; and two members, one from
Section 6.1(A)(1) and 6.1(A)(2), shall be appointed to serve a first term of
three years. No member shall serve more than two consecutive terms.
2.Beginning in 2003, the terms of members of the Toxics Board shall
conform to those of the standing committees to the City Council as
defined by and set in the City Code.
Section 6.2. Responsibilities of the Toxics Board
A.The Toxics Board shall, within three months of appointment of the sixth member,
supply forms for materials balance reports and audits of precautions taken during
use and alternatives to use of chemicals for which the trade secrecy reporting
exemption has been invoked.
B.The Toxics Board shall annually:
1.recommend the fee structure necessary to implement this Section;
2.establish the qualifications necessary for a person to independently audit
precautions used with trade secret chemicals, and independently audit the
existence of technological alternatives that likely would be more
protective of the environment, as required in Section 5.2(A)(4); and
3.file a public report on the effectiveness of implementation of this Section,
and any recommendations for improved implementation of this Section.
- 30-
Attachment B.
C.By May 1 of each year, the Toxics Board shall report to the Fire Marshal the
names of any hazardous users in non-compliance with the requirement to file
materials balance reports.
D.The Toxics Board shall cause to be published a notice listing the names of non-
complying entities in a daily newspaper with general circulation in the city of
Eugene by June 1 of each year.
E.The office of the City Fire Marshal shall investigate all credible evidence that
hazardous materials balance reports or trade secret chemical reports are not being
filed in compliance with this Section.
F.The office of the City Fire Marshal shall audit the accuracy of the reporting
processes of each hazardous substance user in an order such that all hazardous
substance users are audited in a random order at least once every three years.
Companies to be audited shall be given an advance audit notification of no more
than one month.
G.The Toxics Board shall certify the qualifications of independent auditors who will
audit the precautions used by hazardous substance users with trade secret
chemicals and the technological options available for more protective alternatives.
Documentation for certification of the qualifications of each auditor shall be
public information.
H.For the purposes of complying with Section 5.2(A)(4), hazardous substance users
may hire only independent auditors certified by the Toxics Board pursuant to
Section 6.2(G).
Section 6.3. Responsibilities of the City Manager
The City Manager shall consult with the Toxics Board in order to jointly
determine the appropriate support services that shall be provided to the Toxics
Board by City employees for the implementation of this Section. As set forth in
Article VII(A), the cost of these support services shall be paid by fees collected
pursuant to this Section.
ARTICLE VII - FEES
Section 7.
A.Each hazardous substance user shall pay an annual fee to the City of Eugene,
sufficient to jointly cover the implementation of this Section, including expenses
incurred by the Eugene Public Library, Fire Marshal, City of Eugene and the
Toxics Board.
B.In order that this Section be self-supporting through hazardous substance user
fees, the fee amounts shall be recommended annually by the Toxics Board and
approved and amended as necessary by the Eugene City Council.
C.All fees due under this Section shall be paid by May 1 of each calendar year.
D.The operational budget for implementing this Section prior to the first collection
of fees as set forth in Article VII shall be paid for out of City of Eugene general
funds. The operational budget thereafter shall be funded wholly by hazardous
substance user fees.
- 31-
Attachment B.
ARTICLE VIII ENFORCEMENT
Section 8.1. Toxics Board enforcement and judicial review
A.In the event of noncompliance, the Toxics Board shall have the authority to
enforce the reporting requirements of this Section and impose penalties as set
forth in Section 8.2.
B.Any person may appeal a Toxics Board decision to the Circuit Court of Lane
County, pursuant to the procedures providing for a writ of review (ORS 34.010)
or a writ of mandamus (ORS 34.105).
Section 8.2. Penalties
A.Any hazardous substance user or person who violates this Section shall be subject
to a penalty not less than $250 per day and not greater than the maximum penalty
allowed by state law.
B.Each day that a violation continues shall be considered a separate violation
subject to civil penalties. A violation occurs when a regulated entity fails to file a
complete and correct report on or before the day the filing of a report is required.
C.In determining the appropriate amount of the penalty, the following shall by
considered:
1.the likelihood at the time of the noncompliance that harm would arise
from the violator's noncompliance;
2.the degree of the violator's awareness of that likelihood;
3.the profits reasonably related to the violator's non-compliance;
4.the duration of the non-compliance and any concealment of it;
5.the attitude and conduct of the violator upon discovery of the
concealment;
6.the number of previous violations by the specific violator of this Section;
7.the financial condition of the violator;
8.the total deterrent effect upon the specific violator at issue and other
potential violators; and
9.other penalties paid by the specific violator for the specific violations at
issue.
D.Any penalties imposed under this Section or Section 8.3 shall be paid to the City
of Eugene for use in implementing this Section.
E.If a hazardous substance user repeatedly violates this Section in a fashion contrary
to the public interest, the City Manager shall order that hazardous substance user
to cease and desist using hazardous substances in the City of Eugene.
F.Nothing in this Section is intended to restrict or limit any other enforcement
remedies available, at law or in equity, arising out of the same circumstances
upon which an alleged violation of the Section may be based.
Section 8.3. Citizen enforcement
A.Any person may petition to the Toxics Board on her/his own behalf against a
hazardous substance user or person for failure to comply with any of the terms of
this Section. The Toxics Board shall set forth procedures by which persons may
petition the Toxics Board.
- 32-
Attachment B.
B.The Toxics Board must issue a decision in response to a petition within 45 days of
receiving the petition. If the Toxics Board fails to issue a decision within 45 days,
the petition shall be deemed denied on the 45th day for the purpose of exhaustion
of remedies and may be judicially reviewed pursuant to Section 8.1(B).
C.The petitioner must notify the Toxics Board and alleged violator ten days prior to
seeking judicial review, except that such action may be brought immediately after
such notification in the case of an action under this Section respecting an
emergency posing a significant risk to the well-being of workers, people present
in the community, or any species of fish or wildlife or plants.
D.No action may be commenced under paragraph A of this Section if the City of
Eugene has commenced an action to impose a penalty pursuant to Section 8.2 and
is pursuing a prompt resolution of that action.
ARTICLE IX - EXCLUSIONS
Section 9.
A.Nothing in this Section is intended to apply to the government of the United
States or to the government of the State of Oregon, or to the agencies or political
subdivisions of either government.
B.Nothing in this Section is intended to restrict, impede, or otherwise interfere with
the exercise of rights guaranteed by the United States Constitution or the
Constitution of the State of Oregon.
ARTICLE X IMPLEMENTATION
Section 10. Insofar as it is reasonable and practicable to so assume, the provisions of this
Section are intended to be self-executing. In every other case, however, and any
other provision of the Eugene City Charter or the ordinances of the City of
Eugene notwithstanding, the City Council shall, upon recommendation of the
Toxics Board and without unreasonable delay, enact reasonable ordinances
necessary and proper for carrying into execution the provisions of this Section.
ARTICLE XI SEVERABILITY
Section 11. If any section, subsection, paragraph, phrase or word (hereafter the parts) of this
Section shall be held to be unconstitutional, void, or illegal, either on its face or as
applied, this shall not affect the applicability, constitutionality, or legality of any
other parts hereof; and to that end, the parts of the Section are intended to be
severable. It is hereby declared to be the intent of this Section that the same would
have been adopted had such unlawful or unconstitutional provisions, if any, not
been included herein.
ARTICLE XII - EFFECTIVE DATE
Section 12. This Section shall be in full force and effect 31 days following passage.
- 33-
Attachment B.
Appendix B
Reporting Forms and Suggested Worksheet
The four pages in Appendix B contain examples ofelectronic reporting forms, and an example of
the certification form required to be submitted with materials balance reports, as well as a
worksheet that can be used to document chemical use.
Pages 34 and 35 show the electronic reporting forms as they will appear to businesses using the
reporting software supplied by the City. User instructions will be sent to businesses required to
report each year.
Below is an example of a completed on-screen facility information page.
- 34-
Attachment B.
Below is an example of a completed on-screen materials balance report for a single chemical.
On page 36 is an example of the certification form that is to be executed by each reporting
company and submitted to the City along with the electronic materials balance report each year.
Page 37 is a suggested worksheet that companies may use to assist them in documenting
chemical use and calculation methodology. This worksheet is not required, but businesses are
expected to produce adequate documentation when their reports are audited.
- 35-
Attachment B.
EUGENE TOXICS RIGHT-TO-KNOW PROGRAM
MATERIALS BALANCE REPORT CERTIFICATION FORM
Reporting Year 2012
PRIMARY CONTACT INFORMATION:
BUSINESS NAME:
PROGRAM ID NUMBER:
BUSINESS ADDRESS:
MAILING ADDRESS:
PRINTED NAME:
TITLE:
PHONE NUMBER:
EMAIL ADDRESS:
By checking this signature box, I
hereby certify that the information
contained in the accompanying elec-
tronic materials balance report is
complete and accurate to the best of
my knowledge, based on readily
SIGNATURE:DATE:
available information.
PERSON COMPLETING REPORT IF DIFFERENT FROM ABOVE (NOT TO BE RELEASED
TO THE PUBLIC):
PRINTED NAME:
TITLE:
PHONE NUMBER:
EMAIL ADDRESS:
- 36-
Attachment B.
Appendix C
Reportable Chemicals
To view the current list of reportable chemicals, go to:
https://ceapps.eugene-or.gov/toxics/chem_reportable_list.aspx.
To search for a particular chemical, go to: https://ceapps.eugene-
or.gov/toxics/chemical_list.aspx.
- 38-
Attachment B.
Appendix D
Characteristics of Hazardous Waste
Code of Federal Regulations Provisions
40 CFR Part 261, Subpart C
Section 261.20 -- General.
(a) A solid waste, as defined in Section 261.2, which is not excluded from regulation as a
hazardous waste under Section 261.4(b), is a hazardous waste if it exhibits any of the
characteristics identified in this subpart.
(Comment: Section 262.11 of this chapter sets forth the generators responsibility to determine
whether his/her waste exhibits one or more of the characteristics identified in this subpart.)
(b) A hazardous waste which is identified by a characteristic in this subpart is assigned
every EPA Hazardous Waste Number that is applicable as set forth in this subpart.
This number must be used in complying with the notification requirements of Section
3010 of the Act and all applicable record-keeping and reporting requirements under
parts 262 through 265, 268, and 270 of this chapter.
(c) For purposes of this subpart, the Administrator will consider a sample obtained using
any of the sampling methods specified in Appendix I to be a representative sample
within the meaning of part 260 of this chapter.
(Comment: Since the Appendix I sampling methods are not being formally adopted by the
Administrator, a person who desires to employ an alternative sampling method is not required to
demonstrate the equivalency of his/her method under the procedures set forth in Sections 260.20
and 260.21.)
(45 FR 33119, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 55 FR 22684, June 1,
1990; 56 FR 3876, Jan. 31, 1991)
Section 261.21 -- Characteristic of Ignitability
.
(a) A solid waste exhibits the characteristic of ignitability if a representative sample of
the waste has any of the following properties:
(1) It is a liquid, other than an aqueous solution containing less than 24 percent
alcohol by volume and has flash point less than 60 degrees Celsius (140
degrees Fahrenheit), as determined by a Pensky-Martens Closed Cup Tester,
using the test method specified in ASTM Standard D-3278-78 (incorporated
by reference, see Section 260.11), or as determined by an equivalent test
method approved by the Administrator under procedures set forth in Sections
260.20 and 260.21.
(2) It is not a liquid and is capable, under standard temperature and pressure, of
causing fire through friction, absorption of moisture or spontaneous chemical
changes and, when ignited, burns so vigorously and persistently that it creates
a hazard.
- 39-
Attachment B.
(3) It is an ignitable compressed gas as defined in 49 CFR 173.300 and as
determined by the test methods described in that regulation or equivalent test
methods approved by the Administrator under Sections 260.20 and 260.21.
[NOTE: 49 CFR 173.300 does not provide a definition of ignitable
compressed gas. Definitions applicable to the section are given in 49 CFR
173.115.]
(4) It is an oxidizer as defined in 49 CFR 173.151. [NOTE: 49 CFR 173.151
does not provide a definition of oxidizer. The term is defined in 49 CFR
173.127.]
(b) A solid waste that exhibits the characteristic of ignitability has the EPA Hazardous
Waste Number of D001.
(45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 FR 22684, June 1,
1990)
Section 261.22 -- Characteristic of Corrosivity.
(a) A solid waste exhibits the characteristic of corrosivity if a representative sample of the
waste has either of the following properties:
(1) It is aqueous and has a pH less than or equal to 2 or greater than or equal to
12.5, as determined by a pH meter using Method 9040 in Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,EPA Publication SW-
846, as incorporated by reference in Section 260.11 of this chapter.
(2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm
(0.250 inch) per year at a test temperature of 55 degrees Celsius (130 degrees
Fahrenheit) as determined by the test method specified in NACE (National
Association of Corrosion Engineers) Standard TM-01-69 as standardized in
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,
EPA Publication SW-846, as incorporated by reference in Section 260.11 of
this chapter.
(b) A solid waste that exhibits the characteristic of corrosivity has the EPA Hazardous
Waste Number of D002.
(45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 FR 22684, June 1,
1990; 58 FR 46049, Aug. 31, 1993)
Section 261.23 -- Characteristic of reactivity.
(a) A solid waste exhibits the characteristic of reactivity if a representative sample of the
waste has any of the following properties:
(1) It is normally unstable and readily undergoes violent change without
detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive mixtures with water.
(4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity
sufficient to present a danger to human health or the environment.
- 40-
Attachment B.
(5) It is a cyanide or sulfide bearing waste which, if exposed to pH conditions
between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity
sufficient to present a danger to human health or the environment.
(6) It is capable of detonation or explosive reaction if it is subjected to a strong
initiating source or if heated under confinement.
(7) It is readily capable of detonation or explosive decomposition or reaction at
standard temperature and pressure.
(8) It is a forbidden explosive as defined in 49 CFR 173.51, or a Class A
explosive as defined in 49 CFR 173.53 or a Class B explosive as defined in 49
CFR 173.88.
(b) A solid waste that exhibits the characteristic of reactivity has the EPA Hazardous
Waste Number of D003.
(45 FR 33119, May 19, 1980, as amended at 55 FR 22684, June 1, 1990)
Section 261.24 -- Toxicity characteristic.
(a) A solid waste exhibits the characteristic of toxicity if, using the Toxicity
Characteristic Leaching Procedure, test Method 1311 in Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,EPA Publication SW-846, as
incorporated by reference in Section 260.11 of this chapter, the extract from a
representative sample of the waste contains any of the contaminants listed in Table 1
(shown on next page) at the concentration equal to or greater than the respective value
given in that table. Where the waste contains less than 0.5 percent filterable solids,
the waste itself, after filtering using the methodology outlined in Method 1311, is
considered to be the extract for the purpose of this section.
(b) A solid waste that exhibits the characteristic of toxicity has the EPA Hazardous Waste
Number specified in Table 1 (shown on next page) which corresponds to the toxic
contaminant causing it to be hazardous.
(55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1, 1990; 55 FR 26987, June 29,
1990; 58 FR 46049, Aug. 31, 1993)
- 41-
Attachment B.
TABLE 1 -- Maximum Concentration of Contaminants for the Toxicity Characteristic
EPA HazardousContaminantCAS NumberRegulatory Level
Waste Number(mg/L)
D004Arsenic7440-38-25.0
D005Barium7440-39-3100.0
D018Benzene71-43-20.5
D006Cadmium7440-43-91.0
D019Carbon tetrachloride56-23-50.5
D020Chlordane57-74-90.03
D021Chlorobenzene108-90-7100.0
D022Chloroform67-66-36.0
D007Chromium7440-47-35.0
D023o-Cresol95-48-7200.0(a)
D024m-Cresol108-39-4200.0(a)
D025p-Cresol106-44-5200.0(a)
D026Cresol...................................200.0(a)
D0162,4-D94-75-710.0
D0271,4-Dichlorobenzene106-46-77.5
D0281,2-Dichloroethane107-06-20.5
D0291,1-Dichloroethylene75-35-40.7
D0302,4-Dinitrotoluene121-14-20.13(b)
D012Endrin72-20-80.02
D031Heptachlor (and its epoxide).76-44-80.008
D032Hexachlorobenzene118-74-10.13(b)
D033Hexachlorobutadiene87-68-30.5
D034Hexachloroethane67-72-13.0
D038Lead7439-92-15.0
D013Lindane58-89-90.4
D009Mercury7439-97-60.2
D014Methoxychlor72-43-510.0
D035Methyl ethyl ketone78-93-3200.0
D036Nitrobenzene98-95-32.0
D037Pentrachlorophenol87-86-5100.0
D038Pyridine110-86-15.0(b)
D010Selenium7782-49-21.0
D011Silver7440-22-45.0
D039Tetrachloroethylene127-18-40.7
D015Toxaphene8001-35-20.5
D040Trichloroethylene79-01-60.5
D0412,4,5-Trichlorophenol95-95-4400.0
D0422,4,6-Trichlorophenol88-06-22.0
D0172,4,5-TP (Silvex)93-72-11.0
D043Vinyl chloride75-01-40.2
(a) If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory
level of total cresol is 200 mg/L.
(b) Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level.
- 42-
Attachment B.
Appendix E
Instructions for Reporting of Trade Secret Chemicals
Four reports are required for reporting trade secret chemicals. All except #3 below are included
in this appendix.
1.Substantiation to Accompany Claims of Trade Secrecy Under Eugene Charter Amendment IV
A manufacturer reporting under Charter Amendment IV files this form with the Fire Marshal
prior to commencement of procurement or production of each trade secret chemical. This report
remains confidential.
2.Notice to Toxics Board of Trade Secret Reports Filed with the Office of the Fire Marshal
A manufacturer files this form with the Toxics Board when it files one or more substantiation
forms with the Office of the Fire Marshal. This form is available to the public.
3.Aggregate Materials Accounting of Trade Secret Chemicals
If more than one trade secret chemical is claimed, an aggregate accounting of the inputs and
outputs of all trade secret chemicals is entered into the manufacturers public materials
accounting report as a separate line. Due April 1 of each year.
4.Public Report of Precautions in Use and Alternatives to Use of Trade Secret Hazardous
Substances
This form is completed by a Toxics Board-certified independent auditor for each trade secret
chemical, and submitted by the manufacturer to the Toxics Board prior to April 1 of each year.
This form is available to the public.
Businesses are advised to track their use of ALL reportable hazardous
substances, including trade secret chemicals, whether or not they believe
they will be required to report that use. Tracking is important in preparation
for required audits, and in the event that a business adds a trade secret
chemical during a reporting year (triggering the requirement for aggregate
materials balance accounting) or has a trade secret claim denied.
Reports and questions should be addressed to:
Eugene Toxics Program Staff c/o Eugene Fire Marshal/Eugene Toxics Board
541-682-7118 or Toxics@ci.eugene.or.us
nd
1705 W. 2Ave.,Eugene, OR 97402
- 43-
Attachment B.
1
Trade Secret Chemical Code Number: _____________
SUBSTANTIATION TO ACCOMPANY CLAIMS OF TRADE SECRECY
UNDER EUGENE CHARTER AMENDMENT IV
Part 1. Facility Identification Information
Company Name: _______________________________________________
Street Address: ________________________________________________
City, ZIP Code: ________________________________________________
Tax Identification Number: _______________________________________
Part 2. Responses to Substantiation Questions
2.1 Describe the specific measures you have taken to safeguard the confidentiality of the
chemical identity claimed as trade secret, and indicate whether these measures will
continue in the future.
2.2 Have you disclosed the information claimed as trade secret to any other person who is not
an employee of your company or of a local, state, or federal government entity, or a
member of a local emergency planning committee, who has not signed a confidentiality
agreement requiring the person to refrain from disclosing the chemical identity to others?
Yes ________ No ________
1
Trade Secret Chemical Code Number is the facilitys 9-digit Tax Identification Number followed by a hyphen
followed by a whole number (1, 2, 3 . . . n) which uniquely identifies each reportable trade secret chemical. A
company with two reportable trade secret chemicals would have Code Numbers for those two chemicals of:
Tax Identification Number-1 (xx-xxxxxxx-1)
Tax Identification Number-2 (xx-xxxxxxx-2)
- 44-
Attachment B.
2.3 List all local, state, and federal government entities to which you have disclosed the
specific chemical identity. For each, indicate whether you asserted a confidentiality claim
for the chemical identity and whether the government entity denied that claim.
ConfidentialityConfidentiality
Claim AssertedClaim Denied
Government EntityYesNoYesNo
2.4 In order to show the validity of a trade secrecy claim, you must identify your specific use
of the chemical claimed as trade secret and explain why it is a secret of interest to
competitors. Therefore:
(i) Describe the specific use of the chemical claimed as trade secret, identifying the product
or process in which it is used.
(ii) Has your company or facility been linked to the specific chemical identity claimed as
trade secret in a patent, or in publications or other information sources available to the
public or your competitors (of which you are aware)?
Yes ________ No ________
If yes, explain why this knowledge does not eliminate the justification for trade secrecy.
- 45-
Attachment B.
(iii) If this use of the chemical claimed as trade secret is unknown outside your company,
explain how your competitors could deduce this use from disclosure of the chemical
together with materials accounting information under Eugenes law.
(iv) Explain why your use of the chemical claimed as trade secret would be valuable
information to your competitors.
2.5 Indicate the nature of the harm to your competitive position that would likely result from
disclosure of the specific chemical identity, and indicate why such harm would be
substantial. (Include an estimate of the potential loss in sales and profitability.)
2.6
(i) To what extent is the identity of the chemical claimed as trade secret readily discoverable
to the public or your competitors in your products, articles, or environmental releases?
(ii) Describe the factors which influence the cost of determining the identity of the chemical
claimed as trade secret by chemical analysis of the product, article, or waste which
contains the chemical (e.g., whether the chemical is in pure form or is mixed with other
substances).
- 46-
Attachment B.
Part 3. Certification (Read and sign after completing all sections.)
I certify under penalty of law that I have personally examined the information submitted in this
and all attached documents. Based on my inquiry of those individuals responsible for obtaining
the information, I certify that the submitted information is true, accurate, and complete, and that
those portions of the substantiation claimed as confidential would, if disclosed, reveal the
chemical identity being claimed as trade secret, or would reveal other confidential business or
trade secret information. I acknowledge that I may be asked by the Eugene Fire Marshal to
provide further detailed factual substantiation relating to this claim of trade secrecy, and certify
to the best of my knowledge and belief that such information is available. I understand that if the
Fire Marshal determines that this trade secret claim is inappropriate, then the chemical must be
reported. I understand that if I believe a determination by the Fire Marshal is incorrect, I may
appeal that determination to the Toxics Board, stating the reasons for the appeal. The Toxics
Boards decision is final, except that under Section 8.1.B of the Charter Amendment, any person
may appeal the decision to the Circuit Court for Lane County.
Name and Official Title of owner, facility operator, or senior management official:
_______________________________ _____________________________________
Name Title
______________________________________ ______________________
Signature Date Signed
STATE OF OREGON )
) ss.
County of Lane )
This instrument was acknowledged before me on the ______ day of
__________________, 20_____, by _______________________.
____________________________________
Notary Public for Oregon
My commission expires: ________________
This form is to be filed with Eugene Toxics Program Staff c/o Fire Marshal (1705 W. 2 nd
Ave.,Eugene,OR 97402) prior to the procurement or production of the trade secret
chemical being claimed.
- 47-
Attachment B.
NOTICE TO TOXICS BOARD OF TRADE SECRET REPORTS
1
FILED WITH THE OFFICE OF THE FIRE MARSHAL
Company: _____________________________________________
Tax Identification Number: _____________________________________________
2
Reporting Year: _____________________________________________
Note: This report to the Toxics Board must be updated by April 1 each year only if there are
changes to the report last filed with the Toxics Board.
3
Category: Hazardous Date Filed With
Code Number of Substance
substance (HS), extremelyFire Marshas
hazardous substance (EHS)Office
Signature ___________________________________ Date ____________________
Print name ___________________________________
Title ______________________________________________________________
1
Eugene Charter Amendment IV, Section 5.2(A)(2)
2
The reporting year is the year previous to the April 1 reporting date. For instance, a report filed by
reporting year
April 1, 2012 would cover the of January 1 - December 31, 2011.
3
Trade Secret Chemical Code Number is the facilitys 9-digit Tax Identification Number followed by a hyphen
followed by a whole number (1, 2, 3 . . . n) which uniquely identifies each trade secret chemical. A
company with two trade secret chemicals would have Code Numbers for those two chemicals of:
Tax Identification Number-1 (xx-xxxxxxx-1)
Tax Identification Number-2 (xx-xxxxxxx-2)
This form is to be filed with the Eugene Toxics Program Staff c/o Eugene Toxics Board
nd
(1705 W. 2Ave., Eugene OR 97402) when the previous form (Substantiation to
Accompany Claims of Trade Secrecy) is filed with the Fire Marshal for one or
more substances.
- 48-
Attachment B.
PUBLIC REPORT OF PRECAUTIONS IN USE AND ALTERNATIVES
TO USE OF TRADE SECRET HAZARDOUS SUBSTANCES
Company Name _____________________________________________________________________
Address _____________________________________________________________________
1
Trade Secret Chemical Code Number_________________________________________________
Category: _____(Hazardous Substance) _____(Extremely Hazardous Substance)
Date of Audit ________________________
An independent auditor shall report on whether the hazardous substance user has taken and is taking the greatest
possible precautions in its use of each trade secret hazardous substance; and whether or not there are, for each trade
secret chemical, technological options available for using alternative processes or chemicals that likely are more
protective of workers, the community, and natural resources.Eugene Charter Amendment IV, Section 5.2(A)(4).
Note: The law does not require companies with trade secrets to make changes suggested by the auditor in their
processes or chemicals.
A. Are this companys records of all inputs and outputs of this substance accurate within the reporting
guidelines adopted by the Toxics Board? _____Yes _____No
If no, then how large is the discrepancy between inputs and outputs? _________ pounds
COMMENTS:_________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
B. Do you find that the handling of this hazardous substance by this company is:
_____ as protective as possible (if checked, skip to E)
_____ primarily protective, with minimal improvements suggested
_____ of concern, substantial improvements suggested
COMMENTS:_________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
- 49-
Attachment B.
C. Have suggested handling improvements been reported to the company?
______ Yes ______ No
COMMENTS:________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
D. Did you find the companys response to the suggested handling improvements acceptable?
______ Yes ______ No
COMMENTS:_________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
E. Regardless of the companys reporting and handling practices of the trade secret chemical, has the
company provided evidence of a search for feasible, more protective processes or chemicals?
_______ Yes _______ No
COMMENTS:_________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
F. Did you document technological options that likely are more protective, and report these to the
company?_______ Yes _______ No
COMMENTS:_________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
2
G. In your judgment, are these technological options for using alternative processes or chemicals available to
this company likely to provide:
_____ minor gains in protection for workers, the community and natural resources
_____ moderate gains in protection for workers, the community and natural resources
_____ significant gains in protection for workers, the community and natural resources
COMMENTS:_________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
- 50-
Attachment B.
3
H. In your judgment would the implementation of technological options that would produce gains in
protection:
______ likely result in net savings to the company
______ neither save nor cost the company
______ likely result in net added costs to the company
COMMENTS:_________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
I. For a substance for which a previous years audit report has been filed, has the company strengthened or
relaxed protective measures for any inputs or outputs of this substance since the last audit report?
______ Strengthened ______ No Change
______ Relaxed ______ Not applicable
COMMENTS:_________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
Signature of Auditor__________________________________________ Date___________________
Printed Name of Auditor________________________________________________________
1
Trade Secret Chemical Code Number is the facilitys 9-digit Tax Identification Number followed by a hyphen
followed by a whole number (1, 2, 3, ...n) which uniquely identifies each reportable trade secret chemical. A
company with two reportable trade secret chemicals would have Code Numbers for those two chemicals of:
Tax Identification Number-1 (xx-xxxxxxx-1)
Tax Identification Number-2 (xx-xxxxxxx-2)
2
For example, another company in the same industry uses more protective technology or chemicals, or a promising
technology is available.
3
Your judgment will be based on your knowledge of the experience of other companies with the same or similar
technology as well as your understanding of this facility.
This form is required to be completed by an independent auditor certified by the Eugene
Toxics Board and submitted to the company, which is required to submit it to Eugene
nd
Toxics Program Staff c/oEugene Toxics Board (1705 W. 2Ave., Eugene OR 97402) by
the reporting deadline April 1 each year, beginning in 1999.
- 51-
Attachment B.
City of Eugene Toxics Right-to-Know Program
TRADE SECRET DENIAL - REQUEST FOR RECONSIDERATION
This form must be submitted within 30 days of receipt of notice of denied trade secrecy claim
Company Name: ____________________________________________________________
Street Address: ____________________________________________________________
City, Zip code: ____________________________________________________________
Trade secret chemical name in question: __________________________________________
Person completing form: _________________________ Telephone number: _______________
Brief description of facts and arguments supporting the request for reconsideration of a trade
secret claim denial (attach additional documentation if necessary):
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Will you be represented by Counsel at the Toxics Board meeting to hear your request? ________
Name of Counsel: ____________________________________________
Signature: __________________________________ Date: _______________________
- 52-
Attachment B.
Appendix F
Questions from Businesses/Answers from Toxics Board
Businesses are encouraged to contact Toxics Program staff at 541-682-7118 with questions about
-to-Know law. All questions received will be
compiled and presented to the Toxics Board on an annual basis, for review and consideration to
include in future updated versions of this handbook.
CONTENTS:
A. METALS AND ARTICLES ................................................... Questions 1-17
B. MIXTURES AND COMPOUNDS ......................................... Questions 18-23
C. CHARACTERISTIC CHEMICALS ...................................... Questions 24-26
D. MANUFACTURING vs. MAINTENANCE USES ............... Questions 27-36
E. MISCELLANEOUS ................................................................ Questions 37-53
A. METALS AND ARTICLES
General guidelines:
An article is a manufactured item that may contain reportable hazardous
substances, but does not release them during the manufacturing process. Materials contained in
articles are not reportable except to the extent that they are released during manufacturing. The
Toxics Board has defined the term articleas follows:
a solid manufactured item which remains solid throughout the manufacturing
process, the unit size of which weighs more than 1 gram (0.0022 pounds), that
is used by a facility in whole or in part without undergoing any chemical
changes in manufacturing of a product or a portion of a product, and that
does not release a reportable hazardous substance under normal conditions
of the processing of that item at the facility.
In the case of articles made of metal, the Toxics Board has determined that fumes, dusts, and
grindings generated during the manufacturing process are reportable. The remainder of the
article (whatever remains unchanged after processing) is not reportable.
To calculate the reportable amount of fumes, dusts, and grindings from articles made of metal,
take 5 percent of the scrap value. If a reporting business has a better method for calculating
reportable amounts of fumes, dusts, and grindings from articles made of metal, they are
encouraged to contact Toxics Program staff at 541-682-7118 with the information. This
information will be presented to the Toxics Board for review and consideration to include in
future updated versions of this handbook.
- 53-
Attachment B.
1. QUESTION:
The instructions state that fumes, dusts, and grindings that are removed
from metal articles during manufacturing are reportable. Regarding metal alloys, how is
one supposed to calculate fumes, dusts, and grindings? How can one quantify the
amounts without direct emission monitoring of the processes? Are you suggesting that we
weigh the input, weigh the output (waste & product) and the difference is the air emission
(fume, dusts, and grindings)?
ANSWER:
If the facility does not routinely already weigh and record their inputs,
product, waste or air emissions, they do not need to make such measurements.
To calculate the reportable amount of fumes, dusts, and grindings from articles made of
metal, take 5 percent of the scrap value.
2. QUESTION:
Do I need to report substances contained in finished products that I bring
in for use as components of my products (e.g., copper wire in electric motors)?
ANSWER:
It depends. Substances contained in finished goods used by one manufacturer
and used by a secondary manufacturer as raw material are reportable unless the article
exemption applies.
3. QUESTION:
Photographic film used by photo-processors and printers (if they work for
a business with a Standard Industrial Classification between 2000 and 3999) contains
silver (a listed metal) which is recovered in a system required by the Publicly Owned
article
Treatment Works and subsequently recycled. As an , there are no MSDSs
available for the film. Since the necessary information is unavailable, am I required to
track and report silver from film?
ANSWER:
The silver is removed from the film in processing, and is then no longer a
component of the article (film) that was brought into the facility. At that point it becomes
reportable as input type 4 (quantity brought to the facility). The output is type 3 (quantity
transferred away from the facility as waste). In this case, the recycled silver would be
estimated only once, most likely as a percentage of the recycled material, and that
estimate would be reported as both the input and the output amount. However, the
method of estimation should be documented, as it will need to be verified at the time of
an audit. Silver remaining on the film, if any, is not reportable because it remains a part
of the article.
4. QUESTION:
I cast aluminum widgets and re-melt all my scrap. The list of reportable
substances includes aluminum (fume or dust). Is the aluminum I use a reportable
substance?
ANSWER:
Aluminum fumes and dust are reportable as input type 3 (quantity produced
at the facility). Several different output types may be applicable in this case (transferred
away as waste, emitted to the air, etc.).
- 54-
Attachment B.
If any reportable metal is alloyed with aluminum in solid form in this companys raw
material, it is reportable, because all of the raw material is melted at some point in the
process and no longer fits the definition of an article.
5. QUESTION:
My business brings in quantities of prefabricated brake lining, for fitting to
brake shoes and other friction apparatus. The MSDS for the lining indicates a percentage
of phenolic resins, but does not give the percentage of phenol in the resins. Various forms
of phenol are listed as reportable. Instead of a CAS number for the resins, the MSDS says
Mixture. Each MSDS lists the percentage of resin in the product, which may vary from 5
to 25 percent. What should I report?
ANSWER:
In this case there is not sufficient information available to the manufacturer
to make meaningful reporting possible. The amount and form of phenol in the brake
lining is unknown. Further, brake lining falls within the definition of an article, and
substances in an article, that are not removed from the article in manufacturing, are not
reportable.
6. QUESTION:
We use zinc plated hardware cloth purchased from a local building supply
store. There is no MSDS (it is an article), and there are no grindings, fumes, or dust when
we cut it into squares. We have no way of determining the thickness or weight of the
zinc. Is the zinc galvanizing reportable?
ANSWER:
No. The cloth falls within the definition of an article. Reportable substances
not removed from an article during manufacturing are not reportable.
7. QUESTION:
In manufacturing our product, our company uses numerous grinding
wheels that are made partially of hazardous substances. How do we report these?
ANSWER:
In a case such as this it would be necessary to document (or estimate) the
weight of the grinding wheels when new (or at the beginning of the year), subtract the
weight when removed from service (or at the end of the year), apply the percentages of
hazardous materials to the difference, and report those amounts under output type 3,
quantity transferred away from the facility as waste. These amounts would also be used
as the input amounts for those substances.
8. QUESTION:
How do we quantify welding rod, the alloy metals and fumes? Most of the
metal, minus tips left over, is deposited upon the base metal weld; the flux coating is lost
as a fugitive emission. Should we be tracking just the nickel, chromium, lead, and other
alloys, and how do we measure fumes?
ANSWER:
Inputs will be the weight of welding rod in the input categories. Outputs
include amounts shipped as product, fugitive emissions, waste (tips), etc.
Use emission factors developed for each type of welding operation and type of welding
rod. Consult the EPA document AP-42, Compilation of Air Pollutant Emission Factors,
- 55-
Attachment B.
th
5Edition, Chapter 12.19, Electric Arc Welding. AP-42 is available at the Lane
Regional Air Pollution Authority, the University of Oregon Library, the Eugene Fire
Marshal's Office, and on the internet at http://www.epa.gov/ttn/chief/ap42/index.html.
Identify the welding process used (shielded metal arc welding is the most common), and
the electrode type from the MSDS, then refer to Table 12.19-1 to find total fume
emission factor. The table breaks these down further into Hazardous Air Pollutants
(HAPs).
9.QUESTION:
What is the proper output type under which to report welding material that
becomes a part of manufacturing equipment?
ANSWER:
Only the fumes are reportable, as output type 5, quantity emitted to the air.
Metals used in welding are not reportable as they are not chemically altered in
processing.
10.QUESTION:
We cut copper wire into segments which are then wound around a motor
part. The ends are not stacked and our engineer has determined that no copper is released.
Is the wire still an article?
ANSWER:
Cutting the wire into segments and winding it around a motor part do not
negate the exemption since the diameter and thickness of the wire is not changed. The
copper wire remains an article as long as no toxic chemicals are released during use.
Since your engineer has determined that no copper is released, the article exemption does
apply and the copper wire does not have to be reported.
11. QUESTION:
Copper wire at a facility is cleansed by dipping it into a sulfuric acid
solution. The acidic solution etches away a portion of the surface of the wire. The etched
copper reacts with the acid to form copper sulfate. The waste stream containing the
copper sulfate is sent directly to a publicly owned treatment works (POTW) and no other
releases of copper occur onsite to any other environmental media. Is the copper wire still
considered an article?
ANSWER:
The copper wire is not reportable, but the copper sulfate is reportable as
copper compounds (category N100). In this case, estimate this output and use that
number of pounds as the input also.
12. QUESTION:
A facility crushes light bulbs and uses the crushed glass in their process.
The light bulb stems are not used in the process and are disposed. There is a lead button
in each light bulb stem that is disposed. Is this button considered an article and therefore
exempt from threshold and other materials accounting calculations?
ANSWER:
It depends. If the lead buttons were recovered and reused in manufacturing of
new light bulbs, and the lead buttons fulfill all article criteria, they would not be
reportable. But if they are disposed, then they would not be considered articles and the
- 56-
Attachment B.
lead would be reportable because it is removed from the manufactured article (light bulb)
during manufacturing.
13. QUESTION:
Our business manufactures a product from raw metal containing a
percentage of reportable metals. What should we report?
ANSWER:
If the raw metal is an article, report hazardous substances contained in
fumes, dusts, and grindings that result from the manufacturing process. The portion of
the raw metal that is not converted to fumes, dusts, and grindings, and that remains solid
throughout the manufacturing process, is not reportable.
In estimating the amount of a hazardous substance to report, a business may consider the
range of percentages of that substance that are contained in articles that it receives during
the year, and choose an average value within the range. For example, if the stainless steel
that a business uses for manufacturing contains chromium among other substances, and
the business generated 900 pounds of fumes, dusts, and grindings from such articles, and
the chromium content ranged from 6-8%, the business could choose 7% or another
percentage they feel is more justifiable. An input of 63 pounds of chromium, and an
equal amount in the appropriate output category(ies), would be reported.
14.QUESTION:
My company buys partially cured rubber in slabs. We complete the
polymerization process when we mold the rubber into parts using heat and pressure. The
scraps (of both uncured and cured rubber) are a non-regulated substance and go directly
to a sanitary landfill or to a rubber recycler. Is this material an article?
ANSWER:
No. The article exemption does not apply because chemical changes are
occurring. However, the rubber itself and any non-listed components are not reportable.
Listed hazardous components of the rubber, if any, should be reported.
15. QUESTION:
My company manufactures circuit boards and other electronic devices
requiring solder. Is this a reportable material?
ANSWER:
Yes, to the extent that it contains reportable substances, such as lead.
16. QUESTION:
I am a metal fabricator. I laser-cut small parts from large pieces of sheet
metal. From the way I interpret the instructions, the only portion of that metal that I must
track is the kerf(the portion vaporized). Is this a correct interpretation?
ANSWER:
Yes, as long as no filings, dusts, or grindings are produced. The rest of the
sheet metal (product and waste) is an article because it remains solid throughout the
manufacturing process, and is not reportable. The kerf (portion vaporized) would be
reported as output type 5 (quantity emitted to the air).
17. QUESTION:
We bring in raw sheets of 99% pure copper, a reportable substance. We
have the sheets water-cut by an outside business, and then use them as a part of our
- 57-
Attachment B.
product. We understand that our copper filings, dusts, and grindings are reportable, but
what about the raw copper and the pieces that go onto the product?
ANSWER:
Only the filings, dusts, and grindings are reportable, as long as all the rest of
the copper remains solid throughout the manufacturing process.
- 58-
Attachment B.
B. MIXTURES AND COMPOUNDS
General guidelines:
Report only the weight of listed hazardous substances and characteristic
substances (see Appendix D) contained in mixtures and compounds used in manufacturing. Do
not report the weight of the entire mixture or compound unless reporting the entire weight is
easier.
If a mixture or compound contains a characteristic substance, but the mixture or compound itself
is not characteristic and does not become characteristic during its life cycle in Eugene, then the
characteristic substance contained in the mixture or compound is not reportable.
In other cases, it is necessary to calculate the percentages of reportable substances contained in
mixtures and compounds and report these amounts by weight.
18. QUESTION:
Particleboard and certain plywood products are manufactured with
formaldehyde-based adhesives. Most manufacturers of these products provide MSDSs
stating the board contains formaldehyde, a listed EHS chemical, but they do not list
percentages. Does this exempt these products from being reportable by secondary
manufacturers (cabinet shops)?
ANSWER:
In this case, one cannot know the amounts of formaldehyde. Most of the
formaldehyde reacts with the phenolic, hydroxyl or amine components of the adhesives
and thus is no longer formaldehyde, but there is no way to know how much of the
formaldehyde reacts and how much is residual or emitted to the air without very
sophisticated measurements, and thus any reported amounts would be meaningless.
19.QUESTION:
The MSDS for an ink lists three ingredients, but no percentages. One of
the ingredients is a reportable substance. What should we report?
ANSWER:
While businesses are not required to do extra research, an inquiry to the
supplier would not be especially burdensome. Otherwise, it would be necessary to
estimate the percentage of the reportable substance in the ink, using best engineering
judgment, and report the substance accordingly.
20. QUESTION:
In our business we spray a compound that contains hazardous substances
onto our products. We have three types of outputs for the substances in this compound:
shipped as product, shipped as waste (residue cleaned from equipment), and emitted to
air. What is the best way to estimate percentages for each output type?
ANSWER:
If you know that a portion of a listed hazardous substance (HS) remains with
the product as shipped, provide your best estimate of the percentage of the HS in the
product and multiply that by the estimated total pounds of product. Estimate the pounds
of waste that were generated and the percentage of the listed HS in the total waste.
- 59-
Attachment B.
Multiply to estimate the pounds of HS in the waste. Any remainder HS input is assumed
to be emitted to the air.
Total Inputs = Output shipped as product + Output shipped as waste + Output as air
emission
21. QUESTION:
Suppose we have a mixture containing substances that are not on the list of
hazardous substances and the mixture does not meet the definition of a characteristic
chemical, yet some of its individual components may be corrosive. If these components
do not separate during the manufacturing process, would the corrosive component(s) be
considered characteristic?
ANSWER:
No. Characteristic substances in a non-characteristic mixture are not
reportable as long as they remain in the mixture -- and the mixture remains non-
characteristic--throughout their life cycle in Eugene.
22. QUESTION:
Do we have to double-report chemicals under this act? For example,
suppose a mixture is corrosive, and one of the components is reportable. How should the
mixture be reported? How would this be reported if the same corrosive substance is also
reportable?
ANSWER:
Double-reporting is explicitly discouraged. In the case of a listed reportable
substance that is part of a characteristic mixture, report the listed substance as a specific
If you do not know whether the remainder of the mixture is
hazardous chemical.
corrosive, then the remainder need not be reported. If the remainder is corrosive,
but its ingredients are unknown, then the remainder should be reported in the
generic corrosive characteristic substance category.
23. QUESTION:
Some chemicals are included on the chemical list as a specific isomer and
are also included on the list as mixed isomers. For example, o-xylene is on the list, and so
is xylene (mixed isomers). How should these types of substances be reported?
ANSWER:
To avoid double counting, the reporting business will have the option of
reporting a substance as either the mixed isomers or as the specific isomer.
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Attachment B.
C. CHARACTERISTIC CHEMICALS
Characteristic chemicals include any chemicals that do not appear on the Federal lists comprising
th-E),
but that are known by the reporting facility
characteristics of a hazardous waste, as defined in 40 CFR 261.20 through §261.24, authorized
(see Appendix D).
Characteristic chemicals are reportable.
Reporting entities are not expected to take extraordinary steps to determine whether substances
are characteristic, but often this can be determined either by examining the MSDS for a
substance or by observing the substance's behavior.
24. QUESTION:
Some paints, stains, dyes, and inks may contain petroleum distillates that
have ignitable characteristics (flash point <140 degrees Fahrenheit), but when combined
with the pigments may raise the flash point to more than 140 degrees Fahrenheit, as
stated on the MSDSs. If the CAS numbers are not on the Eugene list, are these products
exempt from reporting?
ANSWER:
If the MSDS lists a flash point above 140 degrees Fahrenheit, then the
business using the material does not need to report the material as a characteristic
material, if the material's CAS number is not in the list already, and if the flash point of
the material does not fall below 140 degrees during its life cycle in Eugene.
This answer follows the principle of using MSDS information and not having to obtain
information that is not already available to the business; i.e., flash point information for
the component must be (a) on the MSDS from the supplier of the product they are using,
(b) be their own information on the material because that business has manufactured the
product from its component parts, for which it would have an MSDS showing the under
140degrees Fahrenheit flash point of the component, or (c) be otherwise known by the
manufacturer, or else the material is not reportable.
Thus, even if the information exists in a reference book, the business is not obligated to
look for the information in a book that they may or may not have, or do other research
into the flash points. If the flash point of a substance is known and/or documented, and it
or its
is below 140 degrees Fahrenheit, the business is expected to report that substance
reportable components.
25. QUESTION:
My business uses a substance whose composition is a trade secret of the
supplier, but which I know to be hazardous and reportable as a characteristic chemical.
How should I report this?
ANSWER:
Report the substance in your regular materials balance accounting report
under the appropriate generic characteristic substance category.
You do not need to
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Attachment B.
report it as a trade secret because it is not YOUR trade secret; it is someone elses.
Businesses are not required to seek additional information from suppliers.
26.
Many paints contain up to 15 ingredients which can be solvents, pigments, defoamers, or
resins. The user cannot tell from the MSDS which of these ingredients are solvents and/
or may fall into the characteristic category. Furthermore, the aggregate flash point of
the total mixture may fall below the 140 degrees Fahrenheit threshold for ignitability or it
may be above 140 degrees Fahrenheit. We need some specific guidelines on how to
report solvent-based paints and their ingredients.
QUESTION:
Do we report the individual ingredients (if listed) when the flash point of
the mixture is greater than 140 degrees Fahrenheit?
ANSWER:
Only report listed individual ingredients with flash points less than 140
degrees Fahrenheit when they are removed from the mixture during the process, so as to
become ignitable.
QUESTION:
Can we report the entire mixture without listing individual ingredients if
the flash point is less than 140 degrees Fahrenheit?
ANSWER:
Only when the individual ingredients are unknown. Known hazardous
ingredients of mixtures should be reported individually. Remaining quantities of
mixtures, if the remainder is known to be hazardous (characteristic) but the ingredients
are not known, should be reported under the appropriate generic characteristic substance
category.
QUESTION:unlisted
Are we required to report solvents which have a flash point of
lessgreater
than 140 degrees Fahrenheit even though the total mixture has a flash point
than 140 degrees Fahrenheit?
ANSWER:
No, unless you have documentation that the solvent has a flash point less
than 140 degrees Fahrenheit, and the solvent leaves the mixture so as to become ignitable
during processing.
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Attachment B.
D. MANUFACTURING vs. MAINTENANCE USES
General guidelines:
Hazardous substances that are on a site, but whose use is not directly
related to manufacturing or related research and development, are not reportable. This area is
subject to considerable interpretation, mostly concerning maintenance and operation of
equipment. In general, the Toxics Board has drawn a distinction between substances used for
cosmetic purposes (not reportable) and those used for necessary maintenance (reportable); and
between the maintenance of actual manufacturing equipment (reportable) and equipment with
non-manufacturing purposes (not reportable). The Toxics Board has also drawn a distinction
between materials used to maintain and operate motorized vehicles (e.g., forklifts) and those
used to operate and maintain non-motorized vehicles (e.g., carts). Materials in the former
category are not reportable, while those in the latter are.
27. QUESTION:
A listed toxic chemical is used to clean a process-related tower at a
manufacturing facility. Is the use of the chemical exempt from threshold and materials
accounting calculations under the routine janitorial and facility grounds maintenance
exemption?
ANSWER:
No. Materials used to maintain process-related equipment at a facility (e.g.,
cleaners and lubricants) are not exempt. Because the tower is process-related, the
exemption does not apply. This exemption only applies to the use of products that are
specifically used for routine janitorial, facility grounds maintenance, building
maintenance, and office supplies.
28. QUESTION:
Would lubrication of bearings on product mixing machines (assuming the
lubricants had a reportable chemical) be considered part of the manufacturing process and
therefore reportable?
ANSWER:
Yes.
29. QUESTION:
We paint and sometimes dont paint our equipment. It is not necessary to
the functioning or maintenance of the machine, but is more cosmetic in purpose. Would
the paint used be reportable or would that come under facility maintenance?
ANSWER:
Substances not used in the manufacturing process, or to perpetuate the
manufacturing process, are not reportable. Therefore paints used for cosmetic purposes,
even on manufacturing equipment, are not reportable.
30.QUESTION:
Would lubricating the wheel bearings on transport racks that carry the
finished product to another part of the facility for shipping be reportable? What about
lubrication of bearings on racks that do not contain finished product, such as proofing
racks?
- 63-
Attachment B.
ANSWER:
Substances used to maintain racks, carts, etc., that transport articles PRIOR
TO OR DURING manufacture are reportable. Substances used to maintain racks, carts,
etc., that transport FINISHED PRODUCTS ONLY are not reportable, because these
racks, carts, etc., are not being used in the manufacturing process.
31.QUESTION:
Would a forklift that is used to transport product for further processing be
considered part of the manufacturing process like a process conveyor, or would any
hazardous chemicals used in its maintenance be exempt under a motor vehicle
exemption?
ANSWER:
Materials used to maintain or operate mobile motorized vehicles used in
manufacturing are exempt from reporting.
32.QUESTION:
What about welding or grinding on equipment? For example, we grind and
weld on a hunk of steel to make a bump guard to protect the wall. Would this be
reportable because it would be facility maintenance? On the other hand, we might weld
or grind on our bread mixer, bulk flour silo, or bread oven. Would the fumes and
grindings be reportable?
ANSWER:
If grinding and welding are needed on manufacturing equipment in order to
allow it to continue to function properly, then materials used in that type of equipment
maintenance are reportable, assuming they meet reporting thresholds. However, materials
used in similar maintenance on non-manufacturing-related equipment or structural
members are not reportable.
33.QUESTION:
If I use a detergent with a reportable chemical in it to clean the exterior
side of the oven panels, is this facility maintenance? It does not affect the operation of the
oven. What about chemicals used to wash the outside of the mixers?
ANSWER:
These applications are not integral to manufacturing, and so the substances
used would not be reportable.
34.QUESTION:
Would there be a distinction between chemicals used for cosmetic
purposes and those that are needed for the manufacturing process? For example, we use
reportable chemicals to clean our yeast system (interior), and this is clearly not facility
maintenance, but what about cleaning the outside of the tank and the general area? Isn't
that facility maintenance or facility cleaning (janitorial)?
ANSWER:
There is such a distinction, as noted above. Businesses should use their best
engineering judgment, available data, or actual measurements to calculate amounts used
to facilitate the manufacturing process, and report those amounts.
35.QUESTION:
We have a kerosene-operated hot-water pressure washer. It is used to
steam-clean a number of items, such as bread troughs, the shipping and proofing racks,
- 64-
Attachment B.
pieces of manufacturing equipment, and non-manufacturing-related cleaning. Would the
kerosene used to fuel the steam cleaner be reportable?
ANSWER:
In this instance, because kerosene is a characteristic (ignitable) substance, it
would be necessary for the business to calculate and report amounts used for purposes
directly related to the manufacturing process.
36.QUESTION:
At the beginning of the year, we have on hand 1,000 pounds of a cleanser
containing 10 percent ammonia (a reportable substance). Our best engineering judgment
indicates that we use 30 percent of the cleanser on cleaning related to manufacturing, and
the other on janitorial or cosmetic cleaning. All of the cleanser that we use is ultimately
washed down the drain and into the sanitary sewer system. During the year, we purchase
an additional 1,000 pounds of the same cleanser. At the end of the year, we have 500
pounds of cleanser still on hand. What inputs and outputs of ammonia should we report?
ANSWER:
Report only the ammonia used for manufacturing-related purposes.
Inputs would be:
Category 1 (inventory at the facility at the beginning of the accounting period):
30 pounds (1,000 pounds x 10% ammonia x 30% used for manufacturing).
Category 4 (quantity brought to the facility): 30 pounds (same calculation).
Total inputs: 60 pounds
Outputs would be:
Category 6 (quantity discharged into publicly treated sewage): 45 pounds (given
that 75 percent of the input is used during the reporting period).
Category 11 (inventory at the facility at the end of the accounting period): 15
pounds (500 pounds x 10% x 30%).
Total outputs: 60 pounds
- 65-
Attachment B.
E. MISCELLANEOUS
37. QUESTION:
Is natural gas a reportable substance?
ANSWER:
Natural gas is exempt from the reporting requirement. Apart from the
difficulties in measuring natural gas used in manufacturing processes, as opposed to non-
manufacturing processes in the facility, virtually all natural gas is chemically altered in
combustion, and the by-products are not reportable.
38. QUESTION:
SARA Title III exempts a variety of products from reporting. 29 CFR
1910.1200 (b) (5) (iii) HAZCOM rules for MSDSs exempts any food, food additive,
color additive, cosmetic, or medical or veterinary device or product, including materials
intended for use as ingredients in such products (e.g. flavors and fragrances). If I use
substances for which there is no MSDS requirement, am I required to track and report
these materials?
ANSWER:
The Toxics Board has determined that substances are reportable if the
manufacturer has evidence indicating that they are reportable, and are not reportable if
the manufacturer has no such evidence. MSDSs are one, but not necessarily the only,
source of such evidence. Manufacturers are not required to seek such evidence beyond
information that is readily available to them. However, the absence of an MSDS does not
in itself automatically exempt a substance from reportability (see Characteristic
Substances section on page 12 for additional information).
39. QUESTION:
EPA has exemption rules for de minimus quantities, often established for
anything less than 1% by weight of the total amount. Many paints, adhesives, inks, and
other formulations have trace amounts of listed chemicals. Can we follow current,
established EPA guidelines to ease the burden upon businesses in tracking quantities at
these de minimus levels?
ANSWER:
No, because even concentrations of less than 1% can represent large
quantities of reportable chemicals if the quantity of the mixture is great enough. Aside
from the reporting thresholds themselves, there are de minimus exemptions only for
contaminants which: a) belong to a SARA 313 chemical category and represent less than
1 percent of the total weight of a purchased material; or b) have no CAS number listed on
an MSDS.
40. QUESTION:
The instructions indicate that waste aerosol cans are not reportable. Does
this refer to cans with contents still inside? Also, please clarify whether the contents of
waste aerosol cans are ever reportable in manufacturing processes.
ANSWER:
The contents of all aerosol cans are reportable under the same conditions as
any other substance. The exemption refers only to the cans themselves.
41.QUESTION:
Is ethanol produced by breweries reportable?
- 66-
Attachment B.
ANSWER:
No. Ethanol is not a listed hazardous substance, and would be reportable
only by virtue of its characteristic of ignitability. However, ignitable liquids are defined
in 40 CFR 261.21 as a liquid, other than an aqueous solution containing less than 24
percent alcohol by volume and (having) a flash point less than 140 degrees Fahrenheit
42. QUESTION:
In regard to reporting isopropyl alcohol, explain qualified: Only if it is
being manufactured by the strong process.
ANSWER:
This is a technical term applicable only to the manufacturing process of the
chemical. However, isopropyl alcohol used in manufacturing is reportable as a
characteristic substance if it meets all other reporting requirements.
43. QUESTION:
Our company has a pH balancing system and the quantity of chemicals
eliminated through treatment at the facility is unknown. How should we report?
ANSWER:
Businesses are not required to take extra steps -- additional measurements,
research, purchase of new equipment, etc. --to gather information not already available
to them. Instead, when specific information is not available, businesses are expected to
use the priority system M>C>E>O described in the Tracking Instructions. You may wish
tomake inquiries of your trade association for helpful information, if that will make your
estimation work easier. As a last resort, the best engineering judgment of the business is
acceptable. However, businesses are expected in all cases to document their methodology
for arriving at the figures they report, and to make that information available to an auditor
upon request. Businesses are expected to follow any suggestions the auditor may make
for using information already available to them to arrive at more accurate figures.
44. QUESTION:
How important are you going to make output accounting? What happens to
the chemical and where to account for it may amount to an uneducated guess. When the
auditor does not agree, or perhaps has better knowledge, and finds fault with the output
reporting, how will these errors be handled?
ANSWER:
Total outputs must equal total inputs for each chemical reported. As stated
above, businesses are expected to use the best methodology available to them -- without
taking steps to gather information not readily available -- in calculating and reporting
inputs and outputs. Best engineering judgment may be used if no better methodology is
available. Persons engaged in the business are regarded as best able to determine correct
input and output types and amounts. However, an auditor may suggest other
methodologies that may increase accuracy.
The Toxics Board has stated that it is the intent of the Toxics Board to assist companies
in their efforts to comply with the law. Companies that make an honest and conscientious
effort to comply with the law and that work with the Toxics Board to continually improve
the quality of their reporting are unlikely to face enforcement actions. Blatant disregard
- 67-
Attachment B.
for the law or the truth, or an unwillingness to provide adequate information as directed
by the Toxics Board, however, are likely to result in enforcement actions.
45. QUESTION:
How should nitric acid (CAS #7697-37-2) be reported? It does not exist in
a pure or anhydrous form. Commercial nitric acid is produced at a concentration of 70
percent nitric acid in water.
ANSWER:
The listed CAS registry number for nitric acid specifically relates to the
molecular formula HNO. Therefore, facilities are required to count the amount of nitric
3
acid in solutions toward thresholds and in other materials accounting calculations. If 100
pounds of 70 percent nitric acid is released, the release should be reported as 70 pounds
of nitric acid.
46. QUESTION:
Is a hazardous substance reportable if it is used solely to treat another
hazardous substance prior to release?
ANSWER:
Yes.
47. QUESTION:
In a facility, non-motorized carts are used to transport unfinished products
from one intermediate manufacturing process to another. The lubricants used to maintain
the carts include reportable hazardous substances, and the grease is consumed at such a
level that the use of the reportable substances rises above threshold quantities. Given that
the carts do not leave the facility, and the grease is not chemically altered, what is the
appropriate output type under which to report these?
ANSWER:
Output type 10, quantity disposed on site.
48. QUESTION:
As a byproduct, a business has outputs of a reportable substance. It sells
the substance to another entity for other uses. How should this output be reported?
ANSWER:
Anything sold by a facility is considered a product of that facility for
purposes of this program, even if it is not the primary product of the facility. These
outputs should be reported as output type 2, quantity shipped from the facility in product.
49. QUESTION:
The MSDS for a substance used in manufacturing lists several reportable
chemicals, but indicates that the percentage of each chemical in the substance is the
proprietary information of the supplier. What should be reported?
ANSWER:
Businesses are expected to use the best information readily available to them.
It is not the policy of this program to require businesses to purchase new equipment, take
additional measurements, or otherwise take extra steps to improve the quality of the
information available. In a case such as this, however, an inquiry to the supplier would
probably not be a major inconvenience and may be beneficial. If exact information is not
forthcoming, perhaps the supplier would be willing to offer ranges which could be used
(at their midpoint or another justifiable point) in estimating percentages.
- 68-
Attachment B.
If no additional information can be easily obtained, then the reporting business should
make any reasonable assumptions that it can and report accordingly. For example, if four
reportable chemicals are listed as the only ingredients of the substance, it may be
reasonable to assume that each chemical comprises 25 percent of the substance. That
percentage can then be applied to the entire quantity of the substance for purposes of
reporting that chemical.
As always, it is important for a reporting company to document its methodology for
determining reported quantities.
50. QUESTION:
Our company manufactures its product by mixing two substances, one of
which includes a reportable chemical. The best information indicates that when the
substances are mixed, there is a reaction that changes the reportable chemical into
something else. The finished product does not contain any reportable chemicals. How
should we report the reportable chemical that is in one of the substances before the
reaction takes place?
ANSWER:
Four output categories may be applicable:
Output category 1, chemically altered -- The amount of the original reportable chemical
that undergoes the chemical reaction should be reported in this category. If the reaction
produces a new reportable substance, the quantity of the new substance should be
reported in input category 3 (quantity produced at the facility) and in the appropriate
output category or categories.
Output category 3, shipped as waste -- If, in cleaning the equipment or the factory floor,
some amount of the reportable chemical in an unreacted state is recovered and later
shipped away as waste, that quantity should be reported in this category.
Output category 4, waste stored on-site on December 31 -- This category would apply to
any unreacted waste waiting to be shipped away as of December 31 of the reporting year.
Output category 11, ending inventory on December 31 -- This category would apply to
amounts not yet used for manufacturing as of December 31.
If there is evidence that a percentage of the reportable chemical is emitted to the air rather
than undergoing the chemical reaction, then output category 5, emitted to air, may be
applicable also.
51. QUESTION:
An aerosol product, mold release," is sprayed onto the surface of a mold
to facilitate removal of the product. The mold release contains several reportable
solvents, including hexane, toluene, and xylene. How would these be reported?
- 69-
Attachment B.
ANSWER:
If no data indicate that the solvents go anywhere other than to the air, then
output category 5, emitted to air, is the best assumption.
However, if the company is aware that measurable quantities of the mold release are
cleaned off the molds and shipped away as waste, or that measurable quantities become
part of the product, then these output categories would also be appropriate.
52. QUESTION:
Acetylene, a characteristic ignitable substance, is used to operate an atomic
absorption machine which is used to analyze process waters and wastewaters. The
acetylene is burned as an open flame in the machine. How do I report the output?
ANSWER: chemically altered
The acetylene is (output category 1) during operation in
that it chemically changes to something that is no longer an ignitable material.
53. QUESTION:
Isopropyl alcohol (IPA) is used in a facility as a cleaning solution. It is
listed as a reportable substance. Typically the application is by use of a spray bottle,
followed by wiping with a rag or paper towel. How should I report the output?
ANSWER:Emitted to air
(output category 5) may be the best assumption in this case,
unless the companys best engineering judgment is that all or some percentage of the IPA
remains on the rags or paper towels when they are disposed of, in which case transferred
away as waste (output category 3) would be used.
- 70-
Attachment B.
Attachment B.
Attachment B.
City of Eugene
Toxics Right-to-Know Program
nd
1705 W. 2 Avenue
Eugene, OR 97402
541-682-7118