Written by Robin Miller, EHS Practice Lead who works in BBJ Group's Pittsburgh office
By BBJ Group April 18, 2023
Written by Robin Miller, EHS Practice Lead who works in BBJ Group's Pittsburgh office
The Toxic Release Inventory (TRI) reporting deadline is approaching on July 1, 2023.
If your facility needs to report, you need to be prepared now. TRI reporting can be tricky when you look behind the curtain. Below we cover some of the finer points of TRI reporting.
TRI tracks the management of over 800 specified chemicals and chemical categories that may threaten human health and the environment. U.S. facilities in different industry sectors must report annually how much of each chemical is released to the environment and/or managed through recycling, energy recovery and treatment. A "release" of a chemical means it is emitted into the air or water or placed in some land disposal. This annual data is then used to produce the annual TRI Report, the TRI National Analysis.
Any facility that employs more than ten people and meets the requirements for TRI reporting is required under the Emergency Planning and Community Right to Know Act (EPCRA), Section 313, to submit an annual TRI report by July 1st to the USEPA and relevant TRI State Agency. The decision tree below by the USEPA can help facilities determine if they need to complete TRI reporting:
Generally, the threshold for reporting TRI chemicals that are manufactured or processed throughout the calendar year is 25,000 pounds. In comparison, the threshold for toxic chemicals that are “otherwise used” throughout the calendar year is 10,000 pounds. Manufacturing includes the production or import of a TRI-listed chemical. In contrast, processing includes using a TRI-listed chemical as a reactant, a formulation component, or an offer for recycling or reclamation. Common ‘otherwise uses’ of a TRI-listed chemical include as a manufacturing aid (e.g., refrigerants, hydraulic fluids) or an ancillary use such as for wastewater treatment. Consider this example for manufacturing/processing versus otherwise used:
Determining whether your facility meets the threshold for a TRI-listed chemical isn’t always straightforward. New toxic chemicals or chemical categories and new covered industry sectors can be added to TRI annually. Some chemicals are considered to be more toxic and have lower reporting thresholds. Reporting exemptions also exist and include exemptions for specific TRI-covered sectors, for TRI chemicals present in minor concentrations, and for some activities considered an “otherwise use,” such as motor vehicle maintenance. Below are some common areas in facilities that can get tripped up in reporting:
Given these particularly low thresholds, facilities must review individual SDSs for per- and poly-fluoro isomers and determine if such materials exceed the de minimis concentrations and reporting thresholds.
While TRI reporting may seem daunting, facilities with good insight into how much of each TRI-listed chemical is used in facility production, waste management activities, energy recovery and recycling, pollution prevention activities, and environmental releases can more easily navigate the trickier parts of TRI reporting. Thoroughly understanding and documenting a facility’s overall process flow, chemical usage, and production and waste activities will facilitate a more thorough and efficient reporting process whereby the potential pitfalls above can be avoided.
References
Toxics Release Inventory (TRI) Program
Addition of Certain PFAS to the TRI by the National Defense Authorization Act
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