TRI Reporting Overview

How Did TRI Reporting Come About?

Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA) in 1986. This was in response to concerns associated with:

• A 1984 release of toxic gas from a Union Carbide plan in Bhopal, India that resulted in the deaths of thousands of people that lived near the plant.
• A 1985 release from a similar plant in West Virginia which hospitalized 28 people. (New York Times article, Ben A. Jackson, August 12, 1985)

The law behind TRI reporting is included in Section 313 of EPCRA and the specific regulations that must be followed are in 40 CFR Part 372.

Who Is Required to Submit TRI Reports?

Facilities are required to report under the TRI Program when ALL three of the below criteria are met:

• The facility is included in a TRI-covered North American Industry Classification System (NAICS) code;
• The facility has 10 or more full-time employee equivalents (the equivalent of a total of 20,000 hours or greater); and
• The facility:
• Manufactures or processes any TRI-chemical in quantities greater than 25,000 pounds;
• Otherwise uses any TRI-chemical in quantities greater than 10,000 pounds; or
• Manufacturers, processes, or otherwise uses a Persistent Bioaccumulative Toxic (PBT) chemical in excess of the thresholds specified in 40 CFR 372.28 (these thresholds are much lower... 10 pounds, 100 pounds or 0.1 grams for dioxins).

It's important to note that OSHA's recordkeeping and reporting requirements can evolve, and different regulations may apply to different industries and employers. Employers should consult OSHA regulations, guidelines, and updates to determine their specific reporting obligations. Additionally, OSHA may periodically update the list of industries that are partially exempt from certain recordkeeping and reporting requirements, so employers should stay informed about any changes that may affect their reporting obligations.

How Do I know If I Had 10 or More Full-Time Employee Equivalents?

10 full-time employee equivalents is equal to 20,000 hours worked. When determining whether the 20,000 hours or greater threshold was exceeded for a facility, you must include hours associated with:

• All personnel employed by a facility regardless of function (e.g., sales, clerical, etc.) or location

Employees who are not based at a specific facility, such as truck drivers who support multiple facilities, may have their time allocated between the different facilities.

• The owners (even if they do not draw a salary)
• All contractors who performed work on behalf of the facility (i.e. this includes contractors who helped construct or modify a facility)
• Overtime hours
• Paid vacation and sick leave (provided the vacation or sick leave was actually taken)

Where Do I Start?

1. Step 1 - Determine if your facility:
• Is included in a TRI-covered North American Industry Classification System (NAICS) code
• Had 10 or more full-time employee equivalents during the prior calendar year
2. Step 2 - If your facility meets both of the above applicability requirements, perform a facility-wide review of the materials used at your facility and determine which ones include TRI-chemical.

Materials may be excluded if they contain less than 0.1% of a non-PBT TRI-chemical that is carcinogenic or less than 1.0% of any other non-PBT TRI-chemical. See this EPA guidance for more information on de minimis exemption.

3. Step 3 - Once the materials that contain TRI-Chemicals are identified, determine the quantity of each material that was (during the prior calendar year):
• Manufactured - The TRI-chemical is produced at the facility or imported by the facility.
• Processed - The TRI-chemical is:
• Used in a chemical reaction
• Added to a product
• Becomes an integral component of an article that will be distributed (e.g. such as pigment in a paint that is applied to chairs)
• Repackaged
• Contained as an impurity in a material that is processed
• Is recycled (including processing or preparation of a TRI-chemical for purposes of recycling or reclamation)
• Otherwise Used - Any use of a toxic chemical that is not covered by the terms "manufacture" or "process".
4. Step 4 - Multiply the quantities of each material that was Manufactured, Processed or Otherwise-Used by the concentration of each TRI-chemical it contains. If the applicable thresholds are exceeded, you must report the specific TRI-chemical under EPA's TRI Program.

Okay, I Have To Report... Now What?

You will need to determine the quantity of TRI-chemicals that were:

• Released to the air, water, or soil
• Recycled, treated, or disposed
• Involved in source reduction activities undertaken to prevent pollution

That is not a simple task, especially if it will be the first time completing such reports. As such, it would likely be in your best interest to work with someone who has previously prepared such reports.

Reporting methodologies are very industry specific, so it is recommended that you find someone who has prepared TRI reports in your industry. You can do this by talking with similar facilities or reaching out to your industry organizations. You can also contact us and our TRI experts can help or, if we do not have the appropriate experience, recommend someone who can.

When Are TRI Reports Due?

TRI reports must be submitted by July 1st of every year.

How Are TRI Reports Submitted?

TRI reporting forms must be submitted electronically using the EPA's Toxics Release Inventory-Made Easy Web (TRI-MEweb) online reporting tool.

How Can EHS Software Help?

EHS Software, such as Ecesis Incident Management Software and Ecesis Chemical Management Software, provide a centralized system for tracking:

• On-site chemicals that contain TRI-chemicals
• The quantity of TRI-chemicals used
• The quantity of TRI-chemicals that were released to the air and/or managed as waste or recycled materials

See also:

• OSHA TRIR Calculator

• DART Rate Calculator