EPCRA Section 313 Toxic Release Inventory (TRI) reporting season is approaching. For those companies who have to report, reports are due annually no later than July 1 for the prior calendar year. Each year I encounter small businesses which struggle to understand applicability of this regulation to their facilities and to chemicals they use, import, process or manufacture. Errors are common, especially with chemicals which are used onsite but not as primary raw materials or products.
EPA has a website with a screening tool to help companies determine if they meet the facility type, employee threshold, and chemical thresholds for reporting. Additionally the website includes detailed instructions and even online training.
Common errors that I see include failure to report and failure to report for all applicable chemicals. Persistent bioaccumulative toxic (PBT) chemicals have low thresholds and there is no de minimis limt for them. Some facilities assume they do not have PBTs onsite even though they may be present as trace elements in fuels or other materials.
When considering whether or not you have to report, generate a complete list of materials imported, manufactured, processed or otherwise used at the facility. Then review the safety data sheets for each material to identify TRI-listed chemicals. Determine the amount used, imported, processed or manufactured and compare it against the applicable threshold. Don’t forget about those chemicals in wastes, byproducts, or those coincidentally manufactured during combustion.
I routinely help clients with annual reporting. Additionally, I have been successful in helping clients who failed to report avoid EPA penalties by self-disclosing. If you need assistance with TRI reporting, please contact me at (502) 587-6482 x211 or pattym@smithmanage.com.