United States , Solid Waste and
Environmental Protection Emergency Response
Agency . (5305W)
EPA745-R-98-009.
June 1998
RCRA, Stiperfund & EPCRA
Hotline Training Module
Introduction to:
Toxics Release Inventory:
Reporting Requirements
(EPCRA §313; 40 CFR Part 372)
Updated February 1998
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DISCLAIMER ,
This document was developed by Booz-Allen & Hamilton Inc. under contract 68-WO-0039 to EPA. It is
intended to be used as a training tool for Hotline specialists and does not represent a statement of EPA
policy. . ' -. • '•'.-•
The information in this document is not by any means a complete representation of EPA's regulations or
policies. This document is used only in the capacity of the Hotline training and is not used as a reference
tool on Hotline calls. The Hotline revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency. This
document is not intended and cannot be relied upon to create any rights, substantive or procedural,
enforceable by any party in litigation with the United States! ' ' -
RCRA, Superfund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area)
Local number (within DC area)
National toll-free for the hearing impaired (TDD)
(800) 424-9346
(703)412-9810
(800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Time,
Monday through Friday, except for federal holidays.
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TOXICS RELEASE INVENTORY:
REPORTING REQUIREMENTS
CONTENTS
1. Introduction .T.... 1
2. Regulatory Summary k 3
2.1 Applicability . ..' 3
2.2 Toxic Chemicals ........10
2.3 Petition Process , .....12
2.4 Supplier Notification ....' 13
3. Module Summary ;.......... '. 17
4. Review Exercises ^ 19
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TRI: Reporting Requirements - 1
1. INTRODUCTION
Section 313 of the Emergency Planning and Community Right-to-Know Act
(EPCRA) requires certain businesses to submit annual reports on the amounts of
toxic chemicals that they release both routinely and as a result of accidents, as well as
other amounts managed as waste. Facilities must send the reports to EPA and their
designated state agency by July 1 each year for activities that took place during the
preceding calendar year. These reports represent EPA's Toxics Release Inventory
(TRI), a national compilation of toxic chemical release information.
Previous modules introduced EPCRA's emergency planning, emergency release
reporting, and hazardous chemical inventory requirements, which enable state and
local officials to develop emergency planning and accident prevention programs,
and heighten public awareness of chemicals in the community. TRI reaches beyond
the local and state levels, allowing EPA to quantify national toxic chemical releases
and waste management activities, examine industry-specific chemical management
practices, and measure the progress of pollution prevention initiatives.
When you have completed this module, you will be'able to explain the purpose,
scope, and structure of the EPCRA §313 reporting requirements. Specifically, you
will be able to:
• Explain the applicability of the toxic chemical release reporting requirements
• Identify the toxic chemicals and toxic chemical categories covered under
EPCRA §313
• Describe the TRI chemical petition process
• Understand the EPCRA §313 supplier notification requirements.
Use this list of objectives to check your knowledge of this topic after you complete
the training session. ,
me information in mis document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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2 - TRI: Reporting Requirements
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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TRI: Reporting Requirements - 3
2. REGULATORY SUMMARY
EPA requires certain facilities operating within the manufacturing sector to report
releases and waste management activities of toxic chemicals based on authority
granted under EPCRA §313. Owners and operators of certain facilities that
manufacture, process, or otherwise use listed toxic chemicals above applicable
thresholds are required to report releases of such chemicals annually. A reporting
threshold of 25,000 pounds applies to manufacturing (including importing) and
processing activities, while a 10,000-pound threshold applies to the otherwise use of
listed toxic chemicals. Facilities that are required to report must report releases of
these chemicals on,the TRI reporting form (Form R), annually due*July 1. The
reporting forms are sent to both EPA and the state-designated agency (e.g., State
Emergency Response Commission (SERC)). The primary purpose of this provision
is to make information about toxic chemical releases and industry waste
management practices available to the public.
This module summarizes the reporting requirements under EPCRA §313.
Specifically, it focuses on EPA's interpretation, of the regulations in 40 CFR Part 372
and on compliance with the reporting requirements. It also addresses the supplier
notification provision, which requires chemical suppliers" to notify their customers
of the presence and concentration of EPCRA §313 toxic chemicals in their products.
2.1 APPLICABILITY
A facility is subject to EPCRA §313 reporting requirements if it meets all three of the
following criteria: .
• It is classified in a covered Standard Industrial Classification (SIC) code, or is a
federal facility
• It has 10 or more full-time employees or the equivalent of 20,000 work hours
per year . , , .
' , i •* ' '
• It exceeds an activity threshold for a listed toxic chemical or chemical category.
Each criterion is discussed in detail below. • . ' -
SIC CODES
The EPCRA §313 reporting requirements are currently limited to the manufacturing
sector, and to federal facilities beginning with the 1994 reporting year (Executive
Order 12856; August 3,1993). Standard Industrial Classification (SIC) codes were
developed by the Office of Management and Budget (OMB) to facilitate classification
of U.S. businesses by economic activity; those businesses falling within SIC codes 20
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an'introduction used for Hotline training purposes.
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4 - TRI: Reporting Requirements
tihrough 39 are considered within the manufacturing sector and are potentially
subject to TRI reporting. The owner or operator of a facility should determine the
appropriate SIC code(s), based on the facility's on-site activities, using OMB's 1987
version of the Standard Industrial Classification Manual. The Hotline can assist
owners and operators of facilities in determining which SIC codes are assigned for
specific business activities as referenced in the SIC Manual. However, ultimate SIC
determination is made by the owner/operator. Federal facilities are subject to
EPCRA §313 regardless of their SIC codes.
Facility Expansion Initiative
On May 1,1997, the TRI reporting requirements were expanded to include non-
manufacturing sectors (62 FR 23834). Specifically, seven additional industry groups
will be subject to the TRI program beginning January 1,1998. Covered facilities
within these industry groups, therefore,, will submit their first reports to EPA and
the appropriate state agency by July 1,1999. These newly added industry groups and
their associated SIC codes are presented in Table 1. Historically, this expansion effort
has been referred to as the TRI Phase 2 expansion or the SIC code expansion.
Table 1: INDUSTRY GROUPS NEWLY ADDED TO THE TRI PROGRAM
SIC Code
10 (except 1011,
1081, and 1094)
12 (except 1241)
4911,4931,4939
4953
5169
5171
7389
Industry Descriptor
Metal Mining
Coal Mining
Electric Generating Facilities (limited to facilities that
combust coal and/or oil for the purpose of generating
power for distribution in commerce)
Hazardous Waste Treatment and Disposal Facilities
(limited to facilities regulated under the Resource
Conservation and Recovery Act, Subtitle C, 42 U.S.C. §6921
et seq.)
Chemical Wholesale Distributors
Bulk Petroleum Wholesale Distributors
Solvent Recovery Services (limited to facilities primarily
engaged in solvent recovery services on a contract or fee
basis)
Multi-Establishment Facilities and Primary SIC Codes
Reporting under EPCRA §313 is facility specific. A facility may, however, consist of
several different establishments with unique SIC codes and still be considered one
reporting entity under EPCRA §313.
There are specific definitions for the terms facility and establishment at 40 CFR
§372.3. An establishment is defined as an economic unit, generally at a single
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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TRI: Reporting Requirements - 5
physical location, where business is conducted or where services or industrial ,
operations are performed. A facility is defined as all buildings, equipment,
structures, and other stationary items which are located on a single site or on
contiguous or adjacent sites and which are owned or operated by the same person.
A facility may include >more than one establishment. For example, an industrial
park may consist of separate but commonly owned establishments, each with its
own SIC code, and yet count as a single facility-for the purposes of EPCRA §313.
Multi-establishment facilities must determine a primary SIC code that corresponds
to the majority of activities occurring at that facility. If such a multi-establishment
facility includes one or more establishments within a covered SIC code, the facility is
subject to reporting requirements if either of the following criteria apply:
• The total value of the services provided and/or products shipped from or
produced at establishments within a covered SIC code is greater than 50
percent of the total value of all products or services provided by the entire'
facility
• Any one establishment within a covered SIC code contributes more in terms
of value of services provided and/or products shipped or produced than any
other establishment within the facility (40 CFR §372.22).
A multi-establishment facility that meets either of these'criteria (as well as the
employee and activity thresholds) has the option of reporting separately for each
establishment or together as one facility. In either case, however, the threshold
determination must be based on the entire" facility. Likewise, two federal agencies
located on the same site may file one combined Form R covering all activities at the
site or file separate Forms R covering each agency's activities separately.
FULL-TIME EMPLOYEE
A facility must have 10 or more full-time .employees (or the equivalent, which is
20,000 work hours per year) to trigger the reporting requirements. Using the
standard of 2,000 hours per year for a full-time employee, the facility must calculate
the total number of hours worked by employees of the facility. If the total is over
20,000 hours, the employee threshold has been exceeded. All facility "employees,
full-time and part-time, pn-site and off-site, must be included in this determination.
Contractor employees such as contract drivers, municipal trash collectors, etc., are
not included in the employee threshold determination.
ACTIVITY THRESHOLDS
The toxic chemicals subject to reporting under EPCRA §313 are listed in 40 CFR
§372.65. The toxic chemical list contains over 600 specifically listed chemicals, as
well as 28 chemical categories. More information about toxic chemicals is found in
Section 2.2 of this training module. Thresholds for reporting are based on the
amount of the toxic chemical or chemical category that is manufactured, processed,
or otherwise used on site during the calendar year. The amount of the toxic
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes. . -
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6 - TRI: Reporting Requirements
chemical that is released during the calendar year does not affect the determination
as to whether or not titie facility meets or exceeds the applicable threshold (40 CFR
§372^25).
A facility that meets the first two applicability criteria for a particular chemical must
report on the toxic chemical if it meets one or more of the following activity
thresholds:
* Manufactures (including imports) more than 25,000 pounds/year
• Processes more than 25,000 pounds/year
• Otherwise uses more than 10,000 pounds/year.
Beginning with reporting year 1995, facilities that are required to submit a Form. R,
but have an annual reportable amount less than or equal to 500 pounds for a listed
toxic chemical, may apply an alternate manufacture, process, or otherwise use
threshold of one million pounds for that specific chemical. A facility with an
annual reportable amount less than or equal to 500 pounds, but which exceeds the
alternate threshold for a particular chemical, must submit a Form R for that
chemical. Conversely, a facility whose annual reportable amount for a particular
chemical is less than 500 pounds, and does not exceed the alternate threshold may
submit a Form A, in lieu of the Form R for that chemical. The Form A (also known
as a certification statement) is a simplified version of the Form R, and is designed to
reduce the EPCRA §313 compliance burden. Form A submissions are due on or
before July 1, covering the activities for the previous calendar year. The regulations
for this simplified reporting option were promulgated in the November 30, 1994,
Federal Register (59 FR 61488) and are codified at 40 CFR §372.27.
Similar to threshold determinations for the Form R, the alternate threshold is
chemical-specific and applies in a mutually exclusive manner to either
manufacture, process, or otherwise use. For example, a facility that processes 700,000
pounds and otherwise uses 400,000 pounds of the same toxic chemical will not
exceed the one million pound alternate threshold.
A facility's annual reportable amount is equal to the combined total quantities
released at the facility (including disposal), treated at the facility, recovered at the
facility as a result of recycling operations, combusted for the purpose of energy
recovery at the facility, and transferred from the facility to off-site locations for the
purpose of recycle, energy recovery, treatment, and/or disposal (40 CFR §372.27(a)).
These quantities correspond to the amounts reportable in Sections 8.1 through 8.7 of
the Form R.
Manufacture
To "manufacture," as defined in 40 CFR §372.3, is to produce, prepare, import, or
compound a toxic chemical. The definition also applies to the coincidental
production of a toxic chemical during the manufacturing, processing, use,
treatment, or disposal of another chemical or mixture of chemicals.
The information in this document is not by any means a complete representation of EPA's regulations or polici
but is an introduction used for Hotline training purposes.
icies.
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TRI: Reporting:'Requirements - 7
Process
To "process," as defined in 40 CFR §372.3, is to prepare a toxic chemical, after its
manufacture, for distribution in commerce:
• In the same form or physical state as, or in a different form or physical state
from that in which it was received by the person so preparing such substance
or
• As part of an article containing the toxic chemical. Process also applies to the
processing of a toxic chemical in a mixture or trade name product.
The definition of process is intended to reflect the fact that the facility is
incorporating the toxic chemical into a final product for distribution in commerce.
Examples of processing include repackaging chemicals, using the chemicals as raw
materials in the manufacture of other chemicals, and incorporating toxic chemicals
into articles for industrial, trade, or consumer use. However, relabeling or
redistribution of the toxic chemical, where no repackaging of the toxic chemical
occurs, does not constitute processing or otherwise use of the toxic chemical.
Otherwise Use
To "otherwise use," as defined in 40 CFR §372.3, means any use of a toxic chemical,
including a toxic chemical contained in a mixture, trade name product, or waste that
is not covered by the terms "manufacture" or "process." EPA has interpreted
otherwise use to include activities that support, promote, or contribute to the
facility's activities, where the chemical does not intentionally become part of a
product distributed in commerce (53 PR 4506; February 16,1988) .An example of a
chemical being otherwise used is a solvent in paint used in a paint spraying ,
operation. If a car manufacturer spray paints its final product, the solvent (e.g.,
toluene) is used to transport the pigments of the paint from the container to the car.
The solvent is not intended to be incorporated into the final product (i.e., the
solvent volatilizes before the car is sold) and is' therefore "otherwise used." (This
specific example is also discussed in the February 16,1988, Federal Register on page
'4506). • ' -
On May 1, 1997, EPA revised the definition of "otherwise use" (62 PR 23834). This
revised definition is effective beginning with reporting year 1998. Thus, the first
reports using the revised definition of "otherwise use" will be submitted on or
before July 1,1999. . ^
Under the revised definition, "otherwise use" of a toxic chemical also includes
disposal, stabilization (without subsequent distribution in commerce), or treatment
for destruction when: ,
me inrormanon in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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8 - TRI: Reporting Requirements
• The toxic chemical is received from off-site for the purposes of further waste
management and subsequently disposed, stabilized or treated for destruction
on-site
or
• The toxic chemical is manufactured as a result of waste management
activities on materials received from off-site for purposes of further waste
management activities and subsequently disposed, stabilized or treated for
destruction on-site.
EPA interprets waste management to include recycling, combustion for energy
recovery, treatment for destruction, waste stabilization, and release, including
disposal (62 FR 23850; May 1,1997). The definitions of stabilization and treatment
for destruction can be found in 40 CFR §372.3.
These three threshold categories are considered "activities." The applicable
threshold(s) for reporting under EPCRA §313 depend on what happens to a chemical
at a facility. It is possible for one toxic chemical to fit into more than one threshold
category. For example, a regulated facility uses toluene as a degreaser for its
machinery, and also uses it as a solvent in the glue that the facility sells. In this
example, the toluene is covered under both the process and otherwise use
thresholds. The amount of toluene used as a cleaner would be applied to the
otherwise use threshold, while the amount incorporated into the final product
would be applied to the processing threshold. As discussed previously, EPCRA §313
thresholds are not additive across thresholds. Facilities should not aggregate the
quantities of a toxic chemical manufactured, processed, or otherwise used. Each
activity requires a separate threshold determination. To continue with the example,
if a facility processes 22,000 pounds of toluene and otherwise uses 4,000 pounds of
toluene, no Form R or Form A for toluene is required.
It is possible for a toxic chemical to be present at a facility and not be considered to be
manufactured, processed, or otherwise used at the facility. Examples of this include
the storage of a toxic chemical, as well as the relabeling or the redistribution of a
container of toxic chemicals where no repackaging occurs. These activities would
not subject the facility to EPCRA §313 reporting.
Figure 1 summarizes the steps owners/operators should follow in determining
whether or not a facility is subject to EPCRA §313.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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TRI; Reporting Requirements - 9
Figure 1
DETERMINING APPLICABILITY OF EPCRA §313 REQUIREMENTS
Is your facility in a
covered SIC code or
a federal facility?
No
~\
Yes
Does your facility have
10 or more full-time
employees?
•M ?
— ^f. » -' ',
is nojrreqpired ,for this
hemie4fatthe facility for this
*"''.- ^ ' ^ I , f* >
Yes
Does your facility
manufacture, process, or
otherwise use any listed
toxic chemical or
chemical category?^
A
i
i
Yes
Does your facility manufacture
or process more than
25,000 Ibs of this chemical, or
otherwise use more than 10,000 Ibs
of this chemical in the calendar year?
Wo
_ ^.Reporting Js not reqi3lred;for1;lhX/
chemical at the facility forthis yean
Yes
Does your facility exceed an
annual reportable
amount of 500 Ibs for a
toxic chemical or
chemical category?
Wo
Does your facility manufacture,
process, or otherwise use greater
than 1 million pounds of this toxic
chemical in the calendar year?
Yes
Ves Wo
R must"befHed for thls^cheiiwcair^' «^
s t
submitted for this chemical.
The information in this document is not by any means a complete representation ot bFA s regulations or policies,
but is an introduction used for Hotline training purposes.
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10 - TRI: Reporting Requkements
2.2 TOXIC CHEMICALS
TRI reporting requirements apply to manufacturing facilities and federal facilities
with 10 or more full-time employees that manufacture, process, or otherwise use
any listed toxic chemical or chemical compound above a threshold amount. The
toxic chemical list, which appears in 40 CFR §372.65, contains over 600 toxic
chemicals and 28 chemical compound categories (e.g., lead compounds, chromium
compounds). Congress derived the original toxic chemical list from the community
right-to-know statutes of Maryland and New Jersey, and EPA has amended the list
to include additional chemicals and compounds that meet the statutory listing
criteria under EPCRA §313(d). Of the listed toxic chemicals and chemical categories,
286 chemicals (including 2 delineated categories) were added on November 30, 1994
(59 ER 61432). These newly added chemicals were reportable beginning with the
1995 reporting year.
CHEMICAL COMPOUND CATEGORIES
The toxic chemical list includes 28 chemical categories. Some categories have been
defined by a specific chemical structure, others have been delineated by listing
specific compounds. In the case of metal compounds, any compound that has the
metal as part of its infrastructure is included in the chemical category, except in the
cases where specific chemicals are excluded from a category by a rulemaking.
Facilities must apply the entire weight of all compounds within the same category
toward threshold determinations.
While the entire weight of all metal compounds in the same category must be
applied toward a threshold, only the amount of the parent metal must be included
in release and transfer estimates. For example, a facility that processes lead sulfate
and lead iodide would count the entire weight of both lead compounds toward the
25,000 pound processing threshold, but would only report the amount of the lead
released.
Under EPCRA §313(e), any person may petition EPA to make modifications to the
list of toxic chemicals, including modifications to chemical categories. In response
to several petitions, EPA in recent years has: modified the glycol ethers category to
eliminate the reporting of long chain glycol ethers (59 FR 34386; July 5,1994), deleted
certain copper compounds from the copper compounds category (56 FR 23650;
May 23,1991), deleted barium sulfate from the barium compounds category (59 FR
33205; June 28,1994), deleted non-aerosol forms of sulfuric acid (60 FR 34182;
June 30,1995), and deleted non-aerosol forms of hydrochloric acid (61 FR 38600;
July 25,1996). The petition process will be discussed further in Section 2.3 of this
module.
In the November 30,1994, Federal Register. EPA added six chemical categories:
diisocyanates, nicotine and salts, water dissociable nitrate compounds,
poly chlorinated alkanes, polycyclic aromatic compounds, and strychnine and salts.
For diisocyanates and polycyclic aromatic compounds, only those compounds
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes:
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TRI: Reporting Requirements -11
specifically listed as part of the category are reportable under EPCRA §313. In
addition, water dissociable nitrate compounds are reportable only when in aqueous
solution. All newly added chemical categories were reportable beginning with
reporting year 1995.
REPORTING CHEMICALS IN CERTAIN FORMS
Some toxic chemicals are listed with a specific form qualifier. This means that only
the specified form of the chemical is covered under EPCRA §313.
Fume or Dust
Three metal compounds (aluminum, vanadium, and zinc) are listed with the
qualifier "fume or dust." This qualifier excludes wet forms, such as solutions or
slurries, from reporting requirements. Only the fume or dust forms of these
chemicals are considered toxic chemicals. The Agency provides guidance on the
terms "fume or dust" in the Form R reporting package instructions.
Manufacturing Qualifiers .
Isopropyl alcohol is listed with the qualifier "mfg.-strong acid process." This
qualifier means that only those facilities that manufacture isopropyl alcohol by the
strong acid process should consider the chemical subject to EPCRA §313. If a facility
does not manufacture the chemical, or manufactures the chemical by some other
process, the facility would not need to consider the isopropyl alcohol a toxic
chemical. Saccharin is listed with the qualifier "manufacturing." This means that
only the manufacture of this chemical is subject to EPCRA §313. Neither of the toxic
chemicals that have a manufacturing qualifier is subject to supplier notification.
Nitrate Compounds Category Qualifier
The nitrate compounds category is listed with the qualifier "water dissociable;
reportable only when in aqueous solution." Nitrate compounds that are not
dissolved in water therefore are not reportable under EPCRA §313.
. - . . - -»
Aerosols
Both hydrochloric acid and sulfuric acid are listed with the qualifier "acid aerosols
including mists, vapors, gas, fog, and other airborne forms of any particle size." This
qualifier excludes all non-aerosol forms of hydrochloric and sulfuric acid from the
list of toxic chemicals subject to reporting.
Yellow or White
Phosphorus is listed with the qualifier "yellow or white." This qualifier means that
only the yellow and white forms of the chemicals, not black or red, are subject to
EPCRA §313. J •'..-'-
The information in this document is not by any means a completerepresentation. of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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12 - TRI: Reporting Requirements
Friable
Asbestos is listed with the qualifier "friable." Friable asbestos, according to EPA's
interpretation, is a form of asbestos that can be crumbled, pulverized, or reduced to a
powder with hand pressure.
Ammonia
The listing for ammonia contains a unique qualifier: "includes anhydrous
ammonia and aqueous ammonia from water dissociable ammonium salts and
other sources; 10 percent of total aqueous ammonia is reportable under this listing."
This qualifier effectively incorporates all forms of ammonia, but establishes a special
method for calculating the amount of reportable ammonia present when it is in
aqueous solution.
Fibrous
Aluminum oxide is listed with the qualifier "fibrous." Fibrous aluminum oxide
refers to the man-made form processed to produce strands or filaments which can be
cut to various lengths. Threshold determination, release reporting, and supplier
notification apply only to the fibrous form of aluminum oxide.
2.3 PETITION PROCESS
The petition process is a means by which the general public and industry can
petition EPA to add chemicals to or delete chemicals from the toxic chemicals list.
The petition process is described in the Federal Registers dated February 4,1987 (52
EE 3479), for listed chemicals, and May 23,1991 (56 FR 23703), for chemical
compound categories.
In developing a petition, the petitioner provides EPA as much credible scientific
support documentation as possible supporting their petition request. The petition
must include thorough documentation of the following information:
• The name of the toxic chemical as it appears on the list of toxic chemicals as
well as the associated Chemical Abstracts Service (CAS) number
• Justification as to why the chemical should be listed or delisted based on the
following criteria:
- Whether the chemical is known to cause or can reasonably be anticipated to
cause significant adverse human health effects at concentration levels that
are reasonably likely to exist beyond facility site boundaries as a result of
continuous or frequently occurring releases
I he information in this document is not by any means a complete representation or EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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TRI: Reporting Requirements - 13
- Whether the chemical is known to cause or can reasonably be anticipated
to cause cancer of teratogeriic effects, or serious or irreversible
reproductive dysfunction, neurological disorders, heritable genetic
disorders, or other chronic health effects in humans ' ' -
- Whether EPA considers the chemical to cause or be anticipated to cause
serious harm to the environment.
The petitioner must thoroughly explain why the chemical in question meets (or
does not meet) the specified criteria. The petitioner also should submit both
published and unpublished information supporting the claim.
Within 180 days after receipt of the petition, the Administrator must initiate a
rulemaking to add or delist the petitioned chemical, or publish the reasons for the
denial of the petition. There is no time frame in which EPA must finalize a
decision on the toxic chemical once the proposed rule has been published. If the
Agency does not respond within 180 days to a petition submitted by a state governor
to add a particular chemical to the list of toxic chemicals, that chemical will
automatically be added to the list (EPCRA §313(e)(2)).
2.4 SUPPLIER NOTIFICATION
EPA requires suppliers to notify their manufacturing sector customers' about the
presence and concentration of EPCRA §313 toxic chemicals in mixtures and trade
name products above de minimis. This notification must be in writing, and must
be provided annually with the first shipment of the mixture or trade name products
in each calendar year. The supplier notification requirement began on January 1,
1989.
APPLICABILITY
, The supplier notification requirement is applicable to any owner or Operator of a
facility that meets the following three criteria:
• Is in a covered SIC code - •
• Manufactures (including imports) or processes a listed toxic che'mical
•• Sells or otherwise distributes a mixture or trade name product containing a
listed toxic chemical to a facility subject to the release reporting requirements
described in 40 CFR §372.22, or to a facility who in turn sells or otherwise
distributes such mixture or trade name product to a manufacturing facility
(SIC codes 20 through 39).
The required notification must be provided at least annually in writing. Acceptable
forms of notice include letters, product labeling, and product literature distributed to
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes. ' -
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14 - TRI: Reporting Requirements
customers. If the facility is required to prepare and distribute a material safety data
sheet (MSDS) for the mixture under the OSHA Hazard Communication Standard,
the EPCRA §313 supplier notification must be attached to the MSDS, or the MSDS
must be modified to include the required information.
The facility should make it clear to customers that any copying or redistribution of
the MSDS must include the attached notice. In other words, customers should
understand the requirement to include the EPCRA §313 notification if they further
distribute the MSDS to their customers. ,
The notification must include the following:
• A statement that the mixture or trade name product contains a listed toxic
chemical or chemicals subject to the reporting requirements of EPCRA §313
and 40 CFR Part 372
• The name of the toxic chemical and the associated CAS number of each
chemical if applicable (chemical categories do not have CAS numbers)
• The percent by weight of each toxic chemical in the mixture or trade name
product.
WHEN NOTIFICATIONS ARE NOT REQUIRED
Supplier notification is not required for a "pure" toxic chemical unless a trade name
is used. The identity of the toxic chemical will be known based on label
information. The facility is not required to indicate that a product contains no
EPCRA §313 toxic chemicals.
Notification is not required if the mixture or trade name product contains the toxic
chemical in percentages, by weight, at less than the de minimis levels of 0.1 percent
for OSHA carcinogens, or 1 percent for other listed toxic chemicals.
In addition, notification is not required if the mixture or trade name product is one
of the following:
• An article that does not release a listed toxic chemical to the environment
under normal conditions of processing or use
• A food, drug, cosmetic, pesticide, alcoholic beverage, tobacco, or tobacco
product packaged for distribution to the general public
* Any consumer product, as the term is defined in the Consumer Product
Safety Act, packaged for distribution to the general public
* A mixture or trade name product contained in a waste being sent off-site for
treatment or disposal.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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TRI: Reporting Requirements - 15
Most of the exemptions from the supplier notification requirements are analogous
to exemptions pertaining to EPCRA §313 TRI reporting. The TRI reporting
exemptions are discussed in detail in the module entitled Toxics Release Inventory:
Exemptions. .".'.'••.
• The information in this document is not by any means a complete representation of EPA's regulations or polici
but is an introduction used for Hotline training purposes.
icies,
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16 - TRI: Reporting Requirements
Ine information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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TRI: Rep or tins; Requirements - 17
3. MODULE SUMMARY
Owners/operators of facilities falling .within SIC codes 20-39, with 10 or more full-
time employees (i.e., 20,000 work hours/year), who manufacture, process, orr .
otherwise use toxic chemicals in excess of the activity thresholds are required to
report the releases and transfers of the toxic chemicals annually. These reports must
be sent to EPA and the SERG in the state in which the facility is located. The toxic
chemical list currently contains over 600 chemicals and chemical categories.
Chemicals can be added to and deleted from the list in response to petitions or as
part of an EPA initiative. Facilities, distributing toxic chemicals to other companies
that fall within the EPCRA §313 universe must send supplier notification
paperwork with the toxic chemicals to ensure that the receiving facilities have the
necessary information for accurate TRI reporting.
i ne information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotlinetraining purposes.
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18 - TRI: Reporting Requirements
The information in this document is not by anjr means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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TRI: Reporting Requirements - 19
4. REVIEW EXERCISES
The exercises in this section are designed to help you check your knowledge of the
material in this module. Use any reference materials you need to answer the
questions. Provide complete citations and write your answers in paragraph form.
EXERCISE 1
1. If I have 5 full-time employees and 10 part-time employees, how do I calculate
the equivalent number of full-time employees I have at my facility?
2. Are the hours worked at the facility by contracted employees figured into the
full-time employee determination?
EXERCISER
A facility otherwise uses toluene and has a running inventory of 10,000 pounds of
toluene, but it used only 9,000 pounds during the calendar year. Does this facility
exceed the otherwise use threshold?
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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20 - TRI: Reporting Requirements
EXERCISES
A facility meets the reporting criteria and exceeds an activity threshold for a toxic
chemical tinder EPCRA §313; however, none of the toxic chemical is released into
any environmental medium. Is the facility still required to fill out a release report?
EXERCISE 4
A person owns a plot of land on which a tenant conducts a manufacturing
operation that is covered by EPCRA §313 reporting. What conditions would exempt
her from EPCRA §313 reporting responsibilities?
EXERCISES ,
A chemical manufacturer owns a warehouse that is located on a piece of property
adjacent to the factory. Assuming that the manufacturer is required to report for a
toxic chemical, would the Form R cover the toxic chemical found in the warehouse?
What if the warehouse was at a different location (i.e., not adjacent)?
I he information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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TRI: Reporting Requirements - 21
EXERCISE 6
For the following scenarios determine if the chemical is being manufactured,
processed,.or otherwise used. •
1. Toluene is combined with various materials to form paint that is sold. -
2. A facility charges its refrigeration system with CFC-12.
3. Cumene is imported from outside the territorial United States.
4. A facility manufactures benzoic acid and also produces toluene as a by-product.
5. A facility incinerates contaminated xylene received from off site.
EXERCISE 7
A company processes lead chrorhate. Explain how it would determine if it exceeded
the threshold for lead chromate and how it would account for any releases.
EXERCISE 8
Do exporters of toxic chemicals (e.g., facilities located in Japan) have to comply with
the supplier notification requirements? , •
The informationjn this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes. . . -
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