Toxic Release Inventory (TRI) Reporting

SUBJECT: Toxic Release Inventory (TRI) Reporting 2004

TO: Midwest Area Safety, Health and Environmental Representatives

FROM: Ralph Jesse / s / 
Area Environmental Protection Specialist

It is time once again to provide Emergency Planning and Community Right to Know Act (EPCRA) reports to USEPA and State Designated Contacts (see Appendix F of the reporting forms and instructions link at the bottom of this page) in accordance with the Superfund Amendments and Reauthorization Act (SARA) Title III specifically EPCRA section 313. As opposed to the EPCRA 311 and 312 reporting, which was done in March, where quantities stored are reported, EPCRA 313 requires quantities used in 2003 to be reported.

The following is required:

If your facility used a toxic chemical in 2003, above the established threshold, a TRI report must be filed by July 1. Since new toxic chemicals are added to the SARA 313 list from year to year, you should be aware of any changes to the list of toxic chemicals or to the Persistent Bio-accumulative Toxic chemicals (PBTs) list.

For the purposes of the TRI report, a toxic chemical is any chemical identified in 40 CFR 372.65:

* by alphabetical listing of the chemical description;

* by Chemical Abstracts Service (CAS) registry number; or,

* if the chemical fits the definition of a listed toxic chemical category.

You should check each of the three parts of the list to determine if your facility uses any of the toxic chemicals.

A current list of SARA 313 toxic chemicals is found at http://epa.gov/tri/chemical/index.htm.

PBTs are chemicals that the USEPA deems especially dangerous because these chemicals tend to accumulate in living tissue or are especially toxic. The EPA has established lower thresholds for listed PBT chemicals.

A list of PBT chemicals, guidance documents and other information may be found at http://epa.gov/tri/lawsandregs/pbt/pbtrule.htm.

The reporting forms and instructions are available at:

http://www.epa.gov/tri/report/RFI_2003_030804.pdf.

Documentation for SARA 313 reporting must be kept in accordance with 40 CFR 372.10.

When a TRI report is submitted, the reporting facility must maintain certain records. If Form R is used, the facility must keep a copy of the report for 3 years. All documentation that supports the Form R must also be retained for 3 years, including:

* data and calculations supporting any exemptions taken; 
* threshold data; 
* calculations on releases; 
* supporting records for estimates, releases or transfers; 
* receipts or manifests for the toxic chemical; and, 
* data or reasoning supporting waste treatment method used, treatment efficiency, or ranges of waste concentration.

If your facility uses Form A, you must retain a copy of the Form A for 3 years, data supporting the annual reportable amount calculation, and documentation of the receipts or manifests for alternate threshold calculations. The documentation of either Form R or Form A must be submitted to the State Designated Contacts and USEPA, please submit a copy to me here at the Mid-west Area office, keep a copy at the facility to be available for inspection.

If you do not have to report because hazardous materials are in quantities below the reporting threshold, please reply to me with a negative response.

If you have questions or require additional assistance please contact me at 309-681-6644 or ralph.jesse@mwa.ars.usda.gov.

cc: 
A.D. Hewings, AD 
D.M. Strub, AAO 
C. Romine, ASHM 
SHEM CDSOs / Chairs / Managers 
LAOs