Who Must Submit TRI Reports Due July 1?

The US EPA requires Toxic Release Inventory (TRI) reporting from covered facilities annually. These facilities must submit reporting or risk enforcement action from State and Federal environmental agencies. The current maximum per-violation daily penalty for violations of Emergency Planning and Community Right-to-know Act (EPCRA) is $71,545.

To meet Federal TRI requirements under EPCRA, you must know:

• The basics of the TRI program.
• Who is required to submit TRI reporting.
• Which chemicals must be reported.

What Is TRI Reporting?

The TRI gives the Agency facility-level data about toxic chemical waste management and pollution prevention activities. TRI reporting is also known as “Form R,” “EPCRA 313,” “SARA 313,” or “Toxic Chemical Release Reporting.” Section 313 of EPCRA created the TRI.

Who Is Required to Submit TRI Reporting?

Facilities in specific industry sectors must report by July 1 for each year that they manufacture, import, process, or use a listed chemical in an amount that exceeds the given threshold for that chemical and activity.

Facilities that must submit TRI reporting are those that:

• Employ 10 or more full-time employees (or equivalent hours worked);
• Are assigned SIC Major Group Code 10, 12, or 20–39 or SIC Industry Groups 4911, 4931, 4939, 4953, 5169, 5171, 7839, or that are Federal agencies; and
• Manufactured, imported, processed, or used a covered chemical in a quantity exceeding the given threshold.

Exact details on who must report, which chemical substances require reporting, and reporting thresholds are found at 40 CFR 372.1, 372.65, and 372.25.

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Which Chemicals Must Be Reported?

Chemicals that require reporting include about 800 substances with acute or chronic effects on human health or the environment. These chemicals are listed in 40 CFR 372.28 and 372.[TJ1.1]65. The substances listed in 372.28 are designated "chemicals of special concern." Over the last several years, US EPA has added almost 200 PFAS substances to this reporting requirement.

Typical thresholds for reporting TRI are 25,000 or 10,000 lbs., depending on the activity. Much lower reporting thresholds apply to chemicals of special concern, which include aldrin, hexachlorobenzene, mercury, mercury and lead compounds, and polychlorinated biphenyls (PCBs) [40 CFR 372.28].

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