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Are You Covered by Toxics Release Inventory Requirements?

How to Get Help

Assistance with EPCRA Section 313 reporting requirements, including copies of the reporting form and instructions, is available by calling the EPCRA Hotline at (800) 535-0202, or you can contact the EPA Region 9 Toxics Release Inventory Program. Further information on the program is available through the National EPA TRI site.

Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) requires certain businesses to submit annual reports on their toxic releases to air, water, land, or underground injection wells. The reports must be sent to the United States Environmental Protection Agency (EPA) and to designated state agencies. Reports are due by July 1 each year. Those who fail to report as required are subject to civil penalties of up $32,500 per violation.

All of these reported emissions of toxic chemicals are compiled into a computerized database and made available to the public. This database provides information on emissions from a particular facility, in a particular community, or of a particular chemical. In many cases, providing public access to this information has stimulated reductions in emissions, both through focusing facility managers' attention on wastes and fostering increased involvement and oversight by the public.

Who Is Subject to the EPCRA Section 313 Release Reporting Requirements?

A plant, factory, or other facility is subject to the reporting requirements if it meets all of the following three criteria:

  1. It is in a covered Standard Industrial Classification (SIC) Code, which are:
    10 (except 1011, 1081, and 1094)-Metal Mining
    12 (except 1241)-Coal Mining
    20 through 39-Manufacturing Industries
    4911, 4931, 4939-Electricity Generating Facilities (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce)
    4953-Resource Conservation and Recovery Act (RCRA) Subtitle C hazardous waste treatment and disposal facilitie
    5169-Chemical Distributors
    5171-Petroleum Bulk Terminals
    7389-Solvent Recovery Services (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis)
    or is a federal facility; and
  2. It has 10 or more full-time employees (or the equivalent of 20,000 worker hours per year); and

  3. It manufactures, imports, processes, or otherwise uses any of the listed toxic chemicals in amounts greater than the threshold quantities. For most chemicals, the thresholds are 25,000 pounds for chemicals manufactured or processed, and 10,000 pounds for chemicals that are otherwise used (without incorporating it into any product; also includes chemicals received from off-site for waste stabilization, treatment, or disposal). For 16 chemicals and 4 chemical compound categories which are persistent, bioaccumulative and toxic (PBT chemicals), a new rule has set much lower thresholds in the range of 0.1 grams to 100 pounds.

New Reporting Requirements

A new rule under the Emergency Planning and Community Right-to-Know Act (EPCRA) has changed the Toxics Release Inventory (TRI) reporting requirements for lead and lead compounds. Lead and lead compounds are persistent, bioaccumulative, toxic (PBT) chemicals. The TRI lead rule became effective for activities occurring in calendar year 2001. For more information on TRI reporting requirments, view:

 

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