EPCRA Reporting Violations Net Rhode Island Metal Producer $69K in EPA Fines

Posted on 9/28/2016 by Roger Marks

For violations of US EPA chemical reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA), a Rhode Island facility that manufactures metal products like filler metals, fluxes, products for brazing and soldering metals, and more will pay a $69,265 fine.

According to a US EPA press release, for multiple years, the company failed to file Toxic Release Inventory (TRI) or “Form R” reports for the copper and silver used in its products.

What Are TRI Reports?

Companies that manufacture, import, process, or use certain toxic chemicals in excess of fixed thresholds are required by US EPA to report to US EPA. EPA’s “Toxic Release Inventory” covers more than 650 chemicals. The TRI reporting program has resulted in collection of chemical data from more than 53,000 US facilities since the program began in 1986.

EPCRA reporting and recordkeeping

Generally, the thresholds for TRI reporting are 25,000 lbs. for facilities that manufacture, process, or import the toxic chemical and 10,000 lbs. for facilities that “use” the chemical. For certain substances, called “chemicals of special concern” under EPCRA, the reporting thresholds are significantly lower.

Facilities that must submit the Form TRI report under EPCRA include:

  • Businesses 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]
EPCRA TRI reports are typically due on July 1 of each year, and EPA commonly issues heavy penalties for failure to report following the deadline.

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Tags: EPA, EPCRA, reporting and recordkeeping

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