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Section D. Superfund and Community Right-to-Know Requirements

Law: Comprehensive Environmental Response, Compensation, and Liability Act and Emergency Planning and Community Right-to-Know Act

This section describes the reporting requirements established by the Comprehensive Environmental Response, Compensation, and Liability Act (also known as CERCLA, or more commonly as Superfund) and the Emergency Planning and Community Right-to-Know Act. CERCLA, the Act that created the Superfund and set up a variety of mechanisms to address risks to public health, welfare, and the environment caused by hazardous substance releases, was enacted in 1980 and, among other amendments, was amended in 1986 by Title I of the Superfund Amendments and Reauthorization Act (SARA). Title III of SARA is the Emergency Planning and Community Right-to-Know Act (EPCRA), which created an emergency planning framework and established the right of local governments and members of the public to obtain information on the hazards posed by potential toxic substance releases. For example, under EPCRA Section 313, certain manufacturers, processors, and users of over 600 designated toxic chemicals must report to EPA and designated state agencies annually on emissions of those chemicals to the air, water, and land. Also, emergency planning requirements are included under EPCRA Sections 301-303, emergency release notification is required under Section 304, and community right-to-know reporting requirements are contained in Sections 311 and 312. This chapter does not address Superfund liability rules, but focuses instead on regulatory reporting requirements.

The relevant statutory and regulatory reporting requirements derived from these acts mandate the reporting of: (1) releases of CERCLA hazardous substances to the National Response Center (Section 102 and 40 CFR 302); (2) the presence of certain amounts of extremely hazardous and hazardous substances at a facility (40 CFR 355 and 370); (3) the emergency release of certain extremely hazardous and hazardous substances (40 CFR 355); and (4) other toxic chemical releases (40 CFR 372). Although these reporting requirements often use similar phrases, for example, "reportable quantity" and "threshold planning quantity," these terms may have different definitions or may apply differently under various requirements.

D.1 REPORTING OF RELEASES TO THE NATIONAL RESPONSE CENTER

Most substances deemed hazardous by CERCLA are listed in 40 CFR 302.4 (some are listed directly in Section 101(14) of the statute). Based on criteria that relate to the possibility of harm associated with the release of each substance, EPA by regulation has assigned a substance-specific reportable quantity (RQ) to most hazardous substances; RQs are either 1, 10, 100, 1000, or 5000 pounds (except for radionuclides). If EPA has not assigned a regulatory RQ to a hazardous substance, its statutory default RQ is 1 pound. Exhibits 60 - 63 list RQs for some of the chemicals used in semiconductor manufacturing, semiconductor packaging, printed wiring board manufacturing, and display manufacturing. Any person in charge of a facility (or a vessel) must immediately notify the National Response Center as soon as a person has knowledge of a release (within a 24-hour period) of an amount of a hazardous substance that is equal to or greater than its RQ. There are some exceptions to this requirement, including exceptions for certain continuous releases and for Federally permitted releases.

EXHIBIT 60.
Reportable Quantities for Some Chemicals Used in Semiconductor Manufacturing

Reportable Chemical Quantity (Lbs.)
Acetic acid 5,000
Acetone 5,000
Ammonia 100
Ammonium hydroxide 1,000
Ammonium fluoride 100
Antimony 5,000
Antimony trioxide 1,000
Antimony trichloride 1,000
Arsenic trioxide 1
Arsenic 1
n-Butyl acetate 5,000
Carbon tetrachloride 10
Chlorine 10
Chrome 5,000
Chromic acid 10
Chromium 5,000
Copper 5,000
Ethyl acetate 5,000
Ethyl acrylate 1,000
Ethyl benzene 1,000
Ethylene glycol monomethyl ether 1,000
Ethylenediamine 5,000
Ferric nitrate 1,000
Ferric chloride 1,000
Hydrochloric acid 5,000
Hydrofluoric acid 100
Hydrogen chloride 5,000
Isoprene 100
Methanol 5,000
Methyl isobutyl ketone 5,000
Nickel 100
Nitric acid 1,000
Phosphine 100
Phosphoric acid 5,000
Phosphorus oxychloride 1,000
Phosphorus trichloride 1,000
Potassium hydroxide 1,000
Potassium cyanide 10
Silver 1,000
Sodium hydroxide 1,000
Sulfuric acid 1,000
1,1,1-Trichloroethane 1,000
Trichloroethylene 100
Xylene 1,000

EXHIBIT 61.
Reportable Quantities for Some Chemicals Used in Semiconductor Packaging

Reportable Chemical Quantity (Lbs.)
Acetone 5,000
Ammonium hydroxide 1,000
Antimony trioxide 1,000
n-butyl acetate 5,000
Chlorine 10
Chromic acid 10
Chromium 5,000
Copper 5,000
Cupric chloride 10
Cupric nitrate 100
Ethyl acetate 5,000
Ethyl benzene 1,000
Ferric chloride 1,000
Hydrochloric acid 5,000
Hydrofluoric acid 100
Lead 1
Methanol 5,000
Methylene chloride 1,000
Nickel 100
Nickel chloride 100
Nickel sulfate 100
Nitric acid 1,000
Potassium cyanide 10
Potassium hydroxide 1,000
Potassium silver cyanide 1
Silver 1,000
Silver cyanide 1
Sodium hydroxide 1,000
Sulfuric acid 1,000
Toluene 1,000
1,1,1-Trichloroethane 1,000
Xylene 1,000

EXHIBIT 62.
Reportable Quantities for Some Chemicals Used in Printed Wiring Board Manufacturing

Reportable Chemical Quantity (Lbs.)
Acetone 5,000
Ammonia 100
Ammonium hydroxide 1,000
Ammonium chloride 5,000
Ammonium bifluoride 100
Chlorine 10
Chromic acid 10
Copper 5,000
Cupric chloride 10
Cupric nitrate 100
Cupric sulfate 10
Formaldehyde 100
Hydrochloric acid 5,000
Hydrofluoric acid 100
Lead 1
Methylene chloride 1,000
Nickel 100
Nickel chloride 100
Nitric acid 1,000
Perchloroethylene 100
Potassium hydroxide 1,000
Potassium permanganate 100
Sodium hydroxide 1,000
Sulfuric acid 1,000
1,1,1-Trichloroethane 1,000

EXHIBIT 63.
Reportable Quantities for Some Chemicals Used in Display Manufacturing

Reportable Chemical Quantity (Lbs.)
Nitric acid 1,000
Trichloroethylene 100

D.2 EMERGENCY PLANNING AND NOTIFICATION FOR EXTREMELY HAZARDOUS SUBSTANCES

Any facility that has an extremely hazardous substance, as defined by the Emergency Planning and Community Right-to-Know Act (EPCRA), at or above threshold planning quantities needs to notify, for the purposes of emergency response planning, the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC). Any facility producing, using, or storing a hazardous chemical, as defined by Occupational Safety and Health Administration (29 CFR 1910.1200(c)), that releases a reportable quantity of an EPCRA extremely hazardous substance or a Superfund hazardous substance must immediately notify the LEPC and the SERC. (See 40 CFR 355 for further details concerning these reporting requirements.) Exhibits 64 - 67 show the threshold planning quantities and reportable quantities for some EPCRA-designated extremely hazardous chemicals used to manufacture semiconductors, semiconductor packaging, printed wiring boards, and displays.

EXHIBIT 64.
Threshold Planning and Reporting Quantities for Some EPCRA-Designated Extremely Hazardous Chemicals Used By the Semiconductor Industry

Chemical Name Threshold Planning Quantity
(Lbs.)
Reportable Quantity
(Lbs.)
Ammonia 500 100
Arsine 100 1
Boron trichloride 500 1
Boron trichloride 500 1
Chlorine 100 10
Diborane 100 1
Ethylenediamine 10,000 5,000
Fluorine 500 10
Hydrogen peroxide 1,000 1
Hydrogen chloride 500 5,000
Hydrofluoric acid 100 100
Nitric acid 1,000 1,000
Phosphine 500 100
Phosphorus pentoxide 10 1
Phosphorus trichloride 1,000 1,000
Phosphorus oxychloride 500 1,000
Phosphorus 100 1
Potassium cyanide 100 10
Silanes 1,000 1
Sulfuric acid 1,000 1,000

EXHIBIT 65.
Threshold Planning and Reporting Quantities for Some EPCRA-Designated Extremely Hazardous Chemicals Used By the Semiconductor Packaging Industry

Chemical Name Threshold Planning Quantity
(Lbs.)
Reportable Quantity
(Lbs.)
Chlorine 100 10
Hydrogen peroxide 1,000 1
Hydrochloric acid 500 5,000
Hydrofluoric acid 100 100
Nitric acid 5 1,000
Potassium silver cyanide 500 1
Potassium cyanide 100 10
Sulfuric acid 1,000 1,000

EXHIBIT 66.
Threshold Planning and Reporting Quantities for Some EPCRA-Designated Extremely Hazardous Chemicals Used by the Printed Wiring Board Industry

Chemical Name Threshold Planning Quantity
(Lbs.)
Reportable Quantity
(Lbs.)
Ammonia 500 100
Chlorine 100 10
Formaldehyde 500 100
Hydrochloric acid 500 5,000
Hydrofluoric acid 100 100
Hydrogen peroxide
(conc. > 52%)
1,000 1
Nitric acid 1,000 1,000
Sulfuric acid 1,000 1,000

EXHIBIT 67.
Threshold Planning and Reporting Quantities for Some EPCRA-Designated Extremely Hazardous Chemicals Used by the Display Manufacturing Industry

Chemical Name Threshold Planning
(Lbs.)
Reportable Quantity
(Lbs.)
Hydrogen peroxide
(conc. > 52%)
1,000 1
Nitric acid 1,000 1,000

D.3 REPORTING OF PRESENCE, STORAGE, OR USE OF HAZARDOUS CHEMICALS

Any facility that is required by OSHA's Hazard Communication Standard (29 CFR 1910.1200) to have a Material Safety Data Sheet (MSDS) for an OSHA hazardous chemical, and that has such a chemical above a certain minimum threshold level, must provide a copy of the MSDS for the substance (or a list of such substances) to the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and the local fire department. In addition, facilities must annually submit to the SERC, the LEPC, and the fire department a Tier I report indicating the aggregate amount of chemicals (above threshold quantities) at their facilities, classified by hazard category. If any agency that receives a Tier I report requests a Tier II report requiring additional information, facilities must submit this second report to the agency within 30 days of receiving a request for such a report. Many states require Tier II reports and waive the requirement to submit Tier I reports. Tier II reports include an inventory of all chemicals at the facility. Tier II reports may be (and generally are) submitted in lieu of Tier I reports. Virtually all of the chemicals used in the electronics industry are subject to these MSDS and Tier reporting requirements (40 CFR 370).

D.4 REPORTING REQUIREMENTS FOR RELEASES OF TOXIC SUBSTANCES

A facility in the electronics industry in SIC Codes 20-39 that has 10 or more full-time employees and that manufactures, processes, or otherwise uses more than 10,000 pounds per year of any toxic chemical listed in 40 CFR 372.65 must file a toxic chemical release inventory (TRI) reporting form (EPA Form R) covering releases of these toxic chemicals (including those releases specifically allowed by EPA or State permits) with EPA and the State agency where the facility is located. In 1994, EPA established an alternate threshold for facilities with low annual reportable amounts of a listed toxic chemical. If a facility meets the TRI reporting thresholds for a particular chemical but estimates that the total annual reportable amount of the chemical released or transferred off-site for treatment and/or disposal does not exceed 500 pounds per year, it may use the alternate threshold of manufacturing, processing, or otherwise using 1 million pounds per year, for that chemical, provided certain conditions are met (59 Federal Register 61488; November 30, 1994). Facilities eligible to use the alternate threshold must submit a certification statement to EPA, rather than a full Form R report.

Beginning with the 1991 reporting year, facilities subject to TRIreporting must also report pollution prevention and recycling data for TRI chemicals, pursuant to Section 6607 of the Pollution Prevention Act (42 U.S.C. 13106). Form R is filed annually, covers all toxic releases for the calendar year, and must be filed on or before the first of July of the following year. Exhibits 68 - 71 list many of the toxic chemicals used by firms in the electronics industry that were listed in the Toxic Release Inventory as of the date of this publication.

EXHIBIT 68.
Chemicals Used by the Semiconductor Industry That Are Listed in the Toxic Release Inventory

Toxic Chemical
Aluminum (fume or dust) Hydrochloric acid
Ammonia Isopropyl alcohol
Antimony Methanol
Arsenic Methyl isobutyl ketone
Baron trichloride Nickel
Baron trifluoride Nitric acid
Carbon tetrachloride Phosphine
Catechol Phosphoric acid
Chlorine Phosphorus
Chromium Silver
Copper Sulfuric acid
Ethyl acrylate 1,1,1-Trichloroethane
Ethyl benzene Trichloroethylene
Ethylene glycol Xylene
Fluorine

EXHIBIT 69.
Chemicals Used in Semiconductor Packaging That Are Listed in the Toxic Release Inventory

Toxic Chemicals
Acetone Methanol
Chromium Nickel
Copper Nitric acid
Ethyl benzene Silver
Ethylene glycol Sulfuric acid
Hydrochloric acid Toluene
Isopropyl alcohol 1,1,1-Trichloroethane
Lead Xylene

EXHIBIT 70.
Chemicals Used in Printed Wiring Board Manufacturing That Are Listed in the Toxic Release Inventory

Toxic Chemical
Ammonia Lead
Chlorine Nickel
Copper Nitric acid
Formaldehyde Sulfuric acid
Isopropyl alcohol 1,1,1-Trichloroethane
Hydrochloric acid

EXHIBIT 71.
Chemicals Used in Display Manufacturing That Are Listed in the Toxic Release Inventory

Toxic Chemical
Nitric acid Trichloroethylene


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