Toxic Release Inventory Reporting Requirements for the Chemical Sector

Contributed by Jeff Myrom, ChemAlliance Staff

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Originally published May 28, 1999

In May of 1997 the U.S. Environmental Protection Agency (EPA) issued a final rule that expanded the reporting requirements of toxic chemical releases to several new segments of the chemical sector. Qualifying commercial hazardous waste treatment facilities, chemical and allied products wholesalers, petroleum bulk stations and terminals, and solvent recovery service facilities are required to submit their first toxic release inventory (TRI) reports as of July 1, 1999. As applicable owners and operators of chemical facilities who fail to submit TRI forms can be fined up to $25,000 per day for each violation, and also may be subject to private citizen suits, a review of TRI compliance requirements could help chemical companies avoid costly violations and enforcement actions.

What is the Toxic Release Inventory?

The Toxic Release Inventory (TRI) is an annual report of toxic chemicals released from industrial facilities, as required under Section 313 of the Emergency Planning and Community Right to Know Act (EPCRA §313). All applicable industries must submit their annual TRI reports by July 1st of each year for all activities that took place in the previous year. In other words, the 1998 TRI reports are due by July 1st, 1999. A toxic chemical ‘release' means that listed chemicals were disposed of, treated, recycled, or directly released into the environment above the thresholds listed under EPCRA §313 rules and regulations. Further details are given in the following sections of this article, and applicable web links and contact information are provided at the end.

Which Facilities in the Chemical Sector are Required to Submit TRI Reports?

In order for a chemical facility to be subject to TRI reporting requirements, it must meet all three of the following criteria:

Criterion #1: The chemical facility must be classified under the Standard Industrial Classification (SIC) codes 20xx through 39xx, or be considered a federal facility. A partial list of these facilities, listed by SIC code and sector title is given below:

2812 - Alkalis
2813 - Gases
2816 - Pigments
2819 - Inorganics
2821 - Plastics
2822 - Rubber
2823 - Cellulosics
2824 - Organic Fiber
2833 - Medicinal
2834 - Pharmaceuticals
2835 - Diagnostic Substances
2836 - Biologic
2841 - Soaps
2842 - Polishes
2843 - Surfactants 		2844 - Cosmetics
2851 - Paints
2861 - Gums
2865 - Cyclic Crude
2869 - Organics
2873 - Nitrogenous Fertilizer
2874 - Phosphatic Fertilizer
2875 - Mixed Fertilizer
2879 - Pesticides
2891 - Adhesives
2892 - Explosives
2893 - Inks
2895 - Carbon Black
2899 - Chemical Preparation

Furthermore, four new segments of the chemical sector are required to submit their first reports by July 1st 1999. They are:

Criterion #2: The chemical facility has 10 or more full-time employees, or 20,000 or more work hours per year.

Criterion #3: The chemical facility manufactures or processes more than 25,000 lbs, or otherwise uses 10,000 lbs, per year of EPCRA §313 listed toxic chemicals. Thus, it is the total lbs of toxic chemicals, not the total lbs of an individual toxin, that must be calculated to determine the threshold applicability for listed toxic chemicals. As the terms ‘manufacture,' ‘process,' and ‘otherwise use,' must be fully understood to determine your chemical facility's TRI applicability, I have listed their definitions below:

Manufacture means to produce, prepare, import, or compound a toxic chemical. Furthermore, it includes the coincidental production of a toxic chemical during the manufacturing, processing, use, treatment, or disposal of another chemical or mixture of chemicals.

Process means to prepare a toxic chemical, after its manufacture for distribution in commerce:

  1. In the same form or physical state as, or in a different form or physical state from, that in which it was originally received; or
  2. In part of an article containing the toxic chemical or the processing of a toxic chemical in a mixture or trade name product.

Hence, processing includes activities such as chemical repackaging, use of the chemical as a raw material, or the incorporation of toxic chemicals into articles for industrial, trade, or consumer use.

Otherwise Use means that a toxic chemical is utilized in a manner that is not covered under the terms ‘manufacture' and ‘process.' For instance, ‘otherwise use' includes the solvents in paints and finishes. Solvents are not intended to be incorporated into the final product, hence they were not ‘manufactured' or ‘processed,' but they were ‘otherwise used.' It may seem that the ‘otherwise use' category applies to all other activities involving chemicals, however, there are exceptions. For example, the storage, relabeling, or redistribution without repackaging of a toxic chemical is not considered to be ‘otherwise use,' ‘manufacture,' or ‘processing.'


If your chemical facility does not meet all of the aforementioned Criteria (#1, #2, and #3), then you are not required to submit TRI reporting forms. For further information regarding the applicability of your chemical operations, please contact the EPA EPCRA hotline listed at the end of this article.

Which Chemicals Must be Reported Under EPCRA §313?

Over 600 toxic chemicals and chemical categories are currently listed as reportable under the TRI reporting requirements of EPCRA §313. As providing a detailed list of these chemicals is beyond the scope of the article, I have provided a web-link to the EPA's Office of Pollution Prevention and Toxics. A complete listing of all applicable toxic chemicals can be found within their web-site. Nonetheless, there are specific qualifiers for the reporting of some substances which should be fully understood. Hence, I have expanded on the meanings of these qualifiers below:

Compound Categories are groups of chemicals defined by a specific structure or the inclusion of a certain element. For instance, this could include polycyclic aromatic hydrocarbons (PAH) or metal compounds such as lead oxide, lead iodide, lead sulfate, etc. When determining your chemical facility's TRI reporting applicability from the aforementioned criteria you must total the entire molecular weights of those compounds, not just the atomic weight of the qualifying compound category, such as lead. However, when determining which TRI forms to submit, your chemical facility may use the total of the qualifiers atomic weights, as is the case for metal compounds. Thus, for lead sulfate, you would only total the mass of the lead released, not the sulfates mass as well, when determining which TRI form to submit. For PAHs, the situation is different and the total atomic weight of the chemical must be utilized for determining which forms to complete.

Fume or Dust excludes wet forms of that chemical or compound, such as slurries and solutions, from TRI reporting requirements.

Manufacturing Qualifiers place only certain chemical manufacturing processes under TRI reporting requirements. If your facility does not utilize the listed manufacturing methodology for producing a substance, then you do not have to report that chemical. Furthermore, some substances can be utilized in a chemical process but not manufactured, thereby avoiding this requirement as well. Saccharin is a good example, in that only the manufacture of saccharin is subject to EPCRA §313.

Nitrate Compounds are listed with the qualifier "water dissociable: reportable only when in aqueous solution." This means that nitrate compounds that are not dissolved in water are not reportable under EPCRA §313.

Aerosol qualifiers remove all air-borne forms of a chemical from reporting requirements. If the listed chemical is in the form of a mist, vapor, gas, fog, or other airborne form, then it must be reported.

Yellow or White are qualifiers placed on phosphorous compounds. Hence, if the phosphorous compound is in the red or black form, rather than yellow or white, it is not reportable under TRI.

Friable means that the listed chemical must be in a form that can be crumbled, pulverized, or reduced to a powder with hand pressure in order to be reportable. Asbestos is listed with this qualifier.

Ammonia has a special methodology for calculating the amount of ammonia present in aqueous solutions to determine if it is reportable. All other forms of ammonia, such as anhydrous ammonia and ammonia salts, are reportable.

Fibrous qualifiers indicate that a substance must be processed into strands or filaments in order to be reportable under EPCRA §313.

Which TRI Forms Should You Submit?

In general, if your chemical facility's releases exceed an annual reportable amount of 500 lbs or more for a specific toxic chemical or chemical category listed under EPCRA §313, then you must submit Form R for that chemical. If your chemical facility did not release 500 lbs or more of a specific toxic chemical or category, but manufactures, processes, or otherwise uses over 1 million pounds of such a substance, then you must also submit a Form R for that chemical. Finally, if your chemical facility met neither of the previous two thresholds, but meets all of the three aforementioned ‘Criteria' for TRI reporting, then you must submit Form A for that chemical. TRI forms and reporting requirements can be obtained in greater detail by following the web-link to EPA's Office of Pollution Prevention and Toxics at the end of this article.

To Whom Must TRI Reports be Submitted?

TRI reports must be submitted to the EPA and the applicable state environmental agency where your chemical facility is located. For specific information about where to send your TRI reports, you must contact your regional EPCRA Section 313 Coordinator and State TRI Contact. Web-links to a listing of these individuals can be found at the end of this article.

What are the Supplier Notification Requirements for EPCRA §313?

Under EPCRA §313, the EPA requires chemical suppliers to notify their customers in the manufacturing sector about the presence and content of listed toxic chemicals within mixtures and trade name products. Furthermore, such notifications must be supplied in writing and at least once per year with the first shipment of that mixture or product of the calendar year. Letters, product labeling, and product literature are acceptable written forms of such notification.

If a supplier, however, is required by the Occupational Safety and Health Administration (OSHA) to distribute material safety and data sheets (MSDS) with that product, then the EPCRA §313 supplier notification form must be attached to the MSDS. Furthermore, the supplier notifications to customers must clearly state that any copying or redistribution of the MSDS must include the suppliers notification of EPCRA §313 listed toxic chemicals. Hence, chemical repackagers and distributors should understand that EPCRA §313 requires them to include the notification and MSDS they have received when they distribute that product to other customers.

All EPCRA §313 supplier notifications of listed toxic chemicals must include the following:

Nonetheless, there are situations in which supplier notification is not required. For instance, a ‘pure' toxic chemical does not require notification unless a trade name is used, as the product label will act as such notification. If a trade name product or a mixture contains less than 0.1% for OSHA listed carcinogens or 1% for other listed toxic chemicals by weight then notification is not required as well. Other situations in which supplier notification is not required for a mixture or trade name product are listed below:

TRI Compliance Summary

When deciding if your chemical facility is required to submit TRI reports on EPCRA §313 listed toxic chemicals, you should first determine if your facility meets all three of the aforementioned criteria. If so, you must submit TRI reports by July 1st of each year, for all activities that took place at your chemical plant within the previous calendar year. The number and types of reports you submit to the EPA and the state environmental authority depends on the specific chemical processing operations at your facility. While basic guidance has been provided in this article, it is advisable to contact local or national technical assistance providers for information on details you may be uncertain about. Finally, beyond submitting TRI report forms to government authorities, chemical companies and facilities should also ensure that they are providing the proper supplier notifications to all applicable customers. Failure to assess and follow through on any of these EPCRA §313 reporting and notification requirements could lead to violations and enforcement actions that could have been prevented.

Contacts

RCRA, Superfund & EPCRA National Hotline Phone Numbers:
1-800-424-9346 (outside of Washington D.C. area)
1-703-412-9810 (inside Washington D.C. area)
1-800-553-7672 (for the hearing impaired, TDD)

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