Search

Know Your EPCRA Reporting Responsibilities

Posted on 4/8/2014 by Anthony R. Cardno

This week, LionNews continues to examine the ongoing cycle of Federal and State reporting requirements under major US EPA regulatory programs. In previous editions, we addressed Tier I and II chemical inventory reports and annual Greenhouse Gas (GHG) reporting under the Clean Air Act
 
Under the Emergency Planning and Community Right-to-Know Act (EPCRA), EPA requires businesses that manufacture, import, process, or use toxic chemicals to report on their activities each year. By July 1, 2014, companies must submit the Toxic Release Inventory (TRI) report for each toxic chemical known by the facility to be manufactured, imported, processed, or otherwise used in excess of an applicable threshold quantity during the calendar year.
 
How Do You “Know”?
 
The EPA considers you to “know” a chemical listed in 40 CFR 372.65 is present if:
 
  • You know or have been told the chemical identity or Chemical Abstract Services (CAS) number, or
  • You have been told by the supplier that the product contains a toxic chemical.
Businesses that manufacture and sell mixtures or trade name products containing toxic chemicals are required by 40 CFR 372.45 to notify their customers of potential risk. The notification must include a statement that the product contains a toxic chemical or chemicals, the name and CAS # of each chemical, and how much of each toxic chemical is in the product.
 
What Are the Thresholds?
 
The thresholds for TRI reporting vary based on how businesses use the toxic chemicals. If you manufacture, import, or process a toxic chemical, reporting is required if 25,000 pounds or more were manufactured, imported, or processed during the calendar year.
 
For chemicals that are otherwise used (used in any manner that does not meet the definitions of “manufacture” or “process”), reporting is required if 10,000 pounds or more were used during the calendar year. 
 
For example, if a listed toxic chemical is a common ingredient in paint, the person who actually produces the substance or imports the substance into the US would be required to consider the 25,000-pound manufacturing threshold. The person who makes the paint would have to use the 25,000-pound “processing” threshold. The person who uses the paint must consider if there is enough paint to exceed the 10,000-pound “otherwise used” threshold.
 
For “chemicals of special concern,” a smaller group of chemicals listed at 40 CFR 372.28, the reporting thresholds are significantly lower. The concern with these chemicals is that they are persistent, bio-accumulative, and toxic (PBT), meaning they do not break down very easily and have a tendency to build up in an organism over time (or move up the food chain) with ultimately toxic/poisonous effects.
 
Who Must Report?
 
Designated facilities must complete the Form R for any toxic chemicals for which they have exceeded the appropriate thresholds.
 
Designated facilities are:
 
  • In SIC codes 10, 12, 20-39, 4911, 4931, 4939, 4953, 5169, 5171 and 7389;
  • All Federal agencies (per Executive Order 13148, issued April 22, 2000); and
  • Businesses with 10 or more full time employees (or the equivalent hours worked). [40 CFR 372.22]
How Do I Report?
 
Reporting for the Toxic Release Inventory must be done using the Form R (EPA Form 9350-1). Except for trade secrets, electronic submission of the TRI is mandated, by use of the EPA’s TRI-MEweb application. More information about the TRI-MEweb electronic reporting application can be found here.
 
The goal of the EPA’s Toxic Release Inventory is to provide information to the public about the toxic chemicals present in their environment and the products they buy. The TRI covers more than 650 chemicals and has collected information from more than 53,000 US facilities since its development in 1986, following the Bhopal, India industrial disaster. 
 
Build Your EHS Management Credentials
 
Are you the go-to person for all things EHS at your facility? Understanding the air, water, and chemical regulations that apply to your facility will help you communicate clearly and confidently with your organization and better defend your business against costly fines, penalties, and future liability. Lion’s Complete Environmental Regulations Workshop is presented nationwide and covers the critical elements of the major EPA programs that affect industrial facilities every day. 

Tags: Act, Air, Clean, EPA, EPCRA, reporting and recordkeeping

Find a Post

Compliance Archives

Lion - Quotes

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!

Stephanie Weathers

SHE Specialist

This is a very informative training compared to others. It covers everything I expect to learn and even a lot of new things.

Quatama Jackson

Waste Management Professional

I was able to present my scenario to the instructor and worked thru the regulations together. In the past, I attended another training firm's classes. Now, I have no intention of leaving Lion!

Diana Joyner

Senior Environmental Engineer

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

The instructor was very dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information.

Stephanie Venn

Inventory Control Specialist

Lion is my preferred trainer for hazmat and DOT.

Jim Jani

Environmental Coordinator

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

Lion's training was by far the best online RCRA training I've ever taken. It was challenging and the layout was great!

Paul Harbison

Hazardous Waste Professional

Lion's course was superior to others I have taken in the past. Very clear in the presentation and the examples helped to explain the content presented.

George Bersik

Hazardous Waste Professional

Download Our Latest Whitepaper

In-flight hazmat incidents can be disastrous. This guide gives 5 tips for first-time air shippers to consider before offering dangerous goods for transportation on passenger or cargo aircraft.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.