The Toxics Release Inventory (TRI) is a database that currently contains detailed information on 595 individually listed chemicals and 33 chemical categories that over 23,000 industrial and other facilities manage through disposal or other releases, recycling, energy recovery, or treatment. The data are collected from industries including manufacturing, metal and coal mining, electric utilities, commercial hazardous waste treatment, and other industrial sectors. Information on the North American Industry Classification System (NAICS) can be found at: https://www.epa.gov/toxics-release-inventory-tri-program/tri-covered-industry-sectors. Section 313 of the Emergency Planning and Community Right to Know Act (EPCRA) of 1986 was enacted to facilitate emergency planning, to minimize the effects of potential toxic chemical accidents, and to provide the public with information on releases of toxic chemicals in their communities. The Pollution Prevention Act (PPA) of 1990 mandates collection of data on toxic chemicals that are treated, recycled, and combusted for energy recovery. Together, these laws require facilities in certain industries, which manufacture, process, or use toxic chemicals above specified amounts, to report annually on disposal or other releases and other waste management activities related to these chemicals. The U.S. Environmental Protection Agency (EPA) maintains this information in a national database called the Toxics Release Inventory, which is available to the public via the Internet at: https://www.epa.gov/toxics-release-inventory-tri-program.

A facility must report release and other waste management information pursuant to EPCRA section 313 if it: (1) has 10 or more full-time employees or the equivalent; (2) is in a covered NAICS code; and (3) exceeds any one threshold for manufacturing (including importing), processing, or otherwise using a toxic chemical listed in 40 CFR Section 372.65.

Yes, even if it releases no toxic chemicals into the environment and does not conduct any other waste management activities involving the listed toxic chemical, the facility must submit a TRI reporting form. If the facility meets the employee and chemical activity thresholds and is in a covered NAICS code, but its annual reportable amount of a non-PBT chemical does not exceed 500 pounds and the facility has not manufactured, processed, or otherwise used more than one million pounds of the toxic chemical, the facility may submit the Form A (Alternate Threshold Certification Statement). If the facility exceeds either the 500- or one million-pound limits, it must report on the Form R (40 CFR Section 372.85 and 372.95).

EPA issued a final rule to amend 40 CFR Section 372 and require reporting facilities to include NAICS codes (71 FR 32464; June 6, 2006).

EPCRA section 313 defined the list of toxic chemicals. The initial list (with certain technical modifications and revisions) appears in the regulations (40 CFR Section 372.65) and in the instruction booklet for completing Form R. EPA, from time to time, has revised the list. The most recent instruction booklet for completing the Form R contains the updated chemical list. To obtain information on the latest additions or deletions from the list of toxic chemicals contact the Emergency Planning and Community Right-to-Know Information Hotline.

There are overlaps, which exist between lists of chemicals covered by different Sections of EPCRA. Section 313 focuses on toxic chemicals that may cause chronic health and environmental effects, although the list does contain chemicals that cause acute health effects. When EPCRA was written, the Section 313 list was developed from lists of regulated toxic chemicals in New Jersey and Maryland. The other EPCRA lists cover chemicals of concern for emergency planning purposes. The List of Lists: Consolidated List of Chemicals document (EPA 550-B-15-001, March 2015) identifies toxic chemicals that are specifically listed and must be reported under various sections of EPCRA.

All toxic chemicals in the category that are manufactured, processed, or otherwise used at a covered facility must be totaled and compared to the appropriate thresholds (40 CFR Section 372.25(d)). A threshold determination for toxic chemical categories is based on the total weight of the compound. Except for metal compound categories and nitrate compounds, the total weight of the compound released or otherwise managed as waste must be reported. Releases and other waste management quantities of metal compounds are reported as the parent metal portion of the compounds (40 CFR Section 372.25(h)). If the metal and corresponding metal compounds exceed thresholds, a joint report for metal compounds, including the parent metal, can cover both reporting requirements. Similarly, releases and other waste management quantities of nitrate compounds are reported as the nitrate portion of the compound.

If a facility is not sure what its NAICS code is, it should consult the Census Bureau’s webpages on NAICS codes for assistance. To determine which industries are covered under Section 313, visit TRIs website: https://www.epa.gov/toxics-release-inventory-tri-program/tri-covered-industry-sectors.

A primary SIC code generally represents those goods produced or services performed by an establishment that have the highest value added. Form R and the Alternate Certification Statement (Form A) provide space for more than one SIC code because a facility may be made up of several establishments each of which may have a different primary SIC code.Note that the North American Industry Classification System (NAICS) is the economic classification system that replaced the 1987 SIC code system. A Federal Register notice was published on June 6, 2006 (71 FR 32464) adopting NAICS codes for TRI reporting.

A primary NAICS code generally represents those goods produced or services performed by an establishment that have the highest value added. Form R and the Alternate Certification Statement (Form A) provide space for more than one NAICS code because a facility may be made up of several establishments each of which may have a different primary NAICS code. Additional information on NAICS codes can be found on the NAICS TRI website.

Pursuant to EPCRA section 313(b)(2), EPA has the option to apply TRI reporting requirements to the owners and operators of facilities that manufacture, process, or otherwise use a toxic chemical listed in EPCRA section 313(c), yet do not meet the full criteria to trigger reporting. EPCRA section 313(b)(2) also provides an opportunity for governors of states to request that EPA apply TRI requirements to the owners and operators of such facilities. When determining whether to require facilities that do not meet the full criteria to report, EPA considers the toxicity of the chemical, the proximity to other facilities that release the toxic chemical or to population centers, the history of releases of such chemical at a facility, and other factors that EPA deems appropriate when determining whether such action is warranted.

EPCRA section 313 submissions are due on July 1st of the year following each reporting (calendar) year (40 CFR Section 372.30(d)). Facilities must submit reports by midnight, July 1st, for each facility’s respective time zone. For example, a submission from a facility on the West Coast at 11:59 P.M. (PST) on the reporting deadline is considered to be on time. Reports are stamped with the time and date as the Central Data Exchange (CDX) receives them.

The TRI Program collects data on a number of different types of disposal or other releases, as well as on certain waste management and recycling practices. For more information on the differences between these data elements, please refer to the Toxics Release Inventory (TRI) and “Factors to Consider When Using TRI Data” on the TRI Web site. Disposal or other releases of chemicals into the environment occur through a range of practices that may ultimately affect the potential for human exposure to the toxic chemicals. Most disposal or other release practices are subject to a variety of regulatory requirements designed to limit environmental harm. Facility releases may include discharges to air, water, and land. Facilities limit contamination and human exposure by disposing of or otherwise releasing waste in certain ways. For example: - they may dispose of harmful materials in Class I underground injection wells located in isolated formations beneath the lowermost underground source of drinking water, thereby limiting the potential for contamination of drinking water; and - they may dispose of wastes in landfills that have liners, covers, leak-detection systems, and groundwater monitoring systems, thereby limiting the potential for human exposure to the contents of the landfill.

Although CAS numbers are useful, a covered facility should also use the toxic chemical name to determine if a toxic chemical is listed on the EPCRA section 313 list. Be aware, however, that mixtures are often assigned CAS numbers. These mixtures may contain individually listed toxic chemicals. The facility should use all available information, including the toxic chemical name as well as process and chemical knowledge, to determine if a component of the mixture is a listed toxic chemical under Section 313. CAS numbers may be of limited use in this case. Also, certain specific compounds (e.g., copper chloride) are not listed individually on the EPCRA section 313 list with a specific CAS number, but are reportable under a compound category.

Do not enter a CAS number in such cases. Instead, enter the appropriate category code (provided in the instructions to the Form R) in the space for the CAS number in Part II, Section 1.1 of the Form R. The individual chemical members of a listed category are not required to be, and should not be, identified in the report.

If the toxic chemical for which you are reporting is not a trade secret, you may leave the boxes in Section 2.2 blank. The CAS number, however, must be filled in along with the toxic chemical name (Part II, Section 1.1 and 1.2). If you are reporting for a toxic chemical category, no CAS number applies. If you are claiming that the toxic chemical is a trade secret you must enter the generic name in Part II, Section 1.3.

The EPCRA section 313 list established by Congressional legislation included categories. EPA interprets these listings to mean all compounds of nickel, for example, regardless of whether specific toxicological problems have been identified for a specific compound in the category. However, EPA may grant, and has granted, petitions to delete specific compounds from a category if the Agency determines that the compound does not meet the listing criteria.

EPA has published final rules in the Federal Register updating the list of NAICS codes subject to reporting under TRI to reflect the OMB revisions. As a result of these rulemakings, facilities must use the applicable NAICS code list beginning with TRI reporting forms that are due on July 1 covering releases and other waste management quantities for the prior calendar (reporting) year. This update will not change the universe of facilities that are currently required to submit TRI reports. All facilities currently required to report to TRI will still be required to report. However, some facilities will need to modify the NAICS code that they report on their TRI forms. TRI-MEweb has a list of the applicable NAICS codes automatically populated. No other reporting requirements will change as a result of this rulemaking. Additional information regarding the final rules, including the Federal Register notices, is available at the following URL: https://www.epa.gov/toxics-release-inventory-tri-program/tri-laws-and-regulatory-activities.

A facility that changes its primary NAICS code during the reporting year must determine applicability based on the NAICS code that represented a majority of the facility’s activity value. The activity value is the sum of the value of services provided and the products shipped or produced by the facility. If the facility’s activity value while it was in a covered NAICS code is greater than 50 percent of the total value of all services or products provided for the entire year, then the facility would be covered under TRI with respect to the NAICS code applicability criterion. If the facility’s activity value for any one NAICS code used during the year does not exceed 50 percent of the total value of all services or products provided for the entire year, then the facility’s NAICS code with the highest activity value would be the primary NAICS code for the year. If the facility determines that its primary NAICS code was a covered NAICS code, and it met the other applicability requirements in §372.22, then the facility must comply with the TRI reporting requirements.

No. The parent company in a joint venture is the joint venture. The electricity generating facility is owned by Company B and is a separate facility from the adjacent coal mine.

Yes. A facility that operated during any part of a reporting year must report if it meets the NAICS code, employee, and chemical activity thresholds for that reporting year.

No. Because Company A owns the majority share in the joint venture, Company A owns EGU 2 and therefore owns EGUs 1 and 2. Because EGU 1 and 2 are adjacent to one another and have the same owner, they constitute one facility. As one facility, the owner or operator should consider the toxic chemicals and operations at both establishments for threshold determinations and release and other waste management calculations.

Yes. Under EPCRA section 313 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 (40 CFR Section 372.3). Because these two operations are located on adjacent properties and are owned by the same person they are considered one facility for EPCRA section 313 reporting purposes.

A facility is defined as all buildings, equipment, structures, and other stationary items which are located on a single site or adjacent or contiguous sites owned or operated by the same person (40 CFR Section 372.3). A ship is not a facility as defined under the Section 313 regulations. It is not stationary and it is not located on a single site (if it moves to other locations). Therefore, the ships should not report even if they are in a covered NAICS code.

Yes, assuming the facility also meets the employee threshold of at least ten full-time employees or the equivalent. Once a covered facility has been constructed, any toxic chemicals used to prepare production equipment for manufacturing activities must be included towards the threshold determinations that reporting year. This includes start-up activities.

The toxic chemicals need not be considered towards any activity threshold. Prior to initial facility construction and before an NAICS code can be assigned, the EPCRA section 313 reporting criteria in Section 372.22, including the activity threshold criterion, do not have to be considered. However, if chemical activity thresholds for any toxic chemicals used in the construction and installation of process equipment are exceeded elsewhere at the facility during the reporting year, all non-exempt releases and other waste management activities of those toxic chemicals occurring during the reporting year must be reported, including those non-exempt release and other waste management quantities associated with the construction and installation of process equipment.

Since the land treatment unit is not adjacent nor contiguous to the petroleum company and they are connected only by a pipeline, the two are considered two separate facilities with the same owner/operator, even though the petroleum facility controls ‘right of way’ of the pipeline. However, releases and other waste management activities associated with loading or unloading activities or leaks from a pipeline within either facility would be covered.

TRI-MEweb is EPA’s only tool for industry to submit EPCRA Section 313 reports. You will need to create a CDX user account to get started with your TRI reporting. You may use the two guides below to 1) get step-by-step instructions on how to create your new user account in CDX, 2) learn how to add TRI-MEweb to your MyCDX account, and 3) learn how to use your access key to load your facility data into TRI-MEweb to start preparing your TRI forms. The second guide provides instructions for newly-designated certifying officials on how to get their Electronic Signature Agreement (ESA) approved and the TRIFID Signature Agreement electronically signed in TRI-MEweb, so that a new certifying official can certify pending forms transmitted by the preparer. To meet your TRI reporting requirement, all forms must be certified before July 1. Preparer -- Person who prepares, but is not authorized to certify, TRI forms for submission. Certifying Official -- Person with management responsibility for the person(s) preparing TRI forms, or the manager of environmental programs for the facility or corporation that is responsible for certifying prepared forms in TRI-MEweb. The certifying official may also prepare TRI forms.On-line tutorials are available and are designed to demonstrate how different tasks are performed within the TRI-MEweb application reporting tool. To watch a tutorial, visit the TRI-MEweb tutorial web page: https://www.epa.gov/system/files/documents/2022-08/TRI-MEweb%20Mini-Tutorial%20List.pdf.

Yes. Since the two bulk petroleum stations are not contiguous or adjacent properties and are connected only by a pipeline, the two stations are considered two separate facilities with the same owner. The parent company has an easement on which the pipeline is located, but does not control, operate, or own the land on which the pipeline rests to an appropriate degree.

Based on the facts provided in the question, these facilities were properly classified in SIC code 5171 (bulk petroleum stations and terminals), which are included in the list of facilities covered under EPCRA section 313 as listed in 40 CFR 372.23(a). According to the SIC code manual (1987 edition) ‘...establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, construction contractors, or professional business users; or other wholesalers; or acting as agents or brokers in buying or selling merchandise to such persons or companies’ are properly classified in Division F, Wholesale Trade, and are therefore covered under EPCRA section 313, beginning with the reporting year 1998. EPA believes that the facilities described in the above question are appropriately classified in the Wholesale Division as defined in the SIC code manual.Note that the North American Industry Classification System (NAICS) is the economic classification system that replaced the 1987 SIC code system. A Federal Register notice was published on June 6, 2006 (71 FR 32464) adopting NAICS codes for TRI reporting.

No. While the retail gas station sells only products supplied by the covered bulk petroleum station it is not an auxiliary facility because it does not support the operation of the bulk petroleum station (i.e., the retail sale of gasoline and other petroleum products is a distinctly separate activity that benefits the gas station as opposed to benefitting the bulk petroleum station). The SIC system assigned SIC codes to auxiliary facilities according to the primary activity of the establishment that they served. An auxiliary facility was one that supported another facility’s activities. An auxiliary facility could assume the SIC code of another covered facility if its primary function is to serve that other covered facility’s operations. However, the NAICS system does not recognize the concept of auxiliary facilities and assigns NAICS codes to all establishments based on their own activities. For the purpose of establishing consistency with the NAICS classification methodology, EPA changed its interpretation of the applicability of TRI reporting requirements to auxiliary facilities. As a result, some establishments previously considered to be auxiliary will no longer be subject to TRI reporting.

Under EPCRA section 313 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’ (40 CFR Section 372.3). Because the operations were carried out at two distinctly separate, physical sites, the company operated two separate facilities over the reporting year. The owner/operator of the company, therefore, must make threshold determinations and release and other waste management calculations individually for each facility. The company need only file Form Rs for the facility(ies) that exceeded the reporting thresholds during the reporting year. If independently both facilities meet the reporting criteria, the company must submit the appropriate forms for each facility.

No. Because the two divisions are owned by the same person and are physically contiguous/adjacent to one another, except for a public right-of-way, they are considered one facility for Section 313 reporting purposes. A facility may consist of more than one establishment. The entrances to each establishment within a multi-establishment facility do not have to be located at a crossroads in order to meet the definition of facility. EPCRA section 313 defines a facility 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’ (40 CFR Section 372.3).

Such scrap metal processing facilities are not currently covered by Section 313 reporting requirements if their primary NAICS codes are 423930.

The off-site location may itself be classified as a chemical distribution facility and be covered in terms of its NAICS code designation. The off-site bulk storage facility may also assume the NAICS code of the covered chemical distributor that it supports and also be considered covered. In terms of determining if the off-site facility meets the employee threshold, potentially requiring it to report, the facility should consider all of the hours spent servicing the units such as product delivery, tank clean-out, and construction in making that determination. If these hours add up to 20,000 hours over the course of the reporting year, the facility would meet the employee threshold and would be required to consider its chemical activities. It is possible that the type of employee hours associated with the off-site bulk storage facility would potentially exceed thresholds in one year and not in another.

Yes. If the owner or operator of a mobile solvent recovery unit conducts solvent recovery services on a contract or fee basis, it is in NAICS Code 562112 (Hazardous Waste Collection). For more information on NAICS Codes and to determine which industries are covered under Section 313, visit TRI’s website: https://www.epa.gov/toxics-release-inventory-tri-program/my-facilitys-six-digit-naics-code-tri-covered-industry.

A facility that conducts several uniquely different activities that are within NAICS 562 and is regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq., should identify the value added of the goods or services that each activity contributes. A facility is considered to be “primarily engaged” in solvent recovery if the goods or services produced by the solvent recovery activity have a value added of more than 50 percent of the total value added of all goods and services produced at the facility, or if the value added of the goods and services produced by the solvent recovery activity of the facility are greater than the value added of the goods and services produced by any other activity at the facility.

The NAICS code for ‘automobile proving and testing grounds’ is 541380. It, therefore, is not within a covered NAICS code and would not need to report under EPCRA section 313.

No. EPCRA section 313 applies to any facility that meets all the applicable criteria (40 CFR Section 372.22). There is no specific exemption for facilities or toxic chemicals regulated by the FDA.

The SIC system assigned SIC codes to auxiliary facilities according to the primary activity of the establishment that they serve. NAICS does not recognize the concept of auxiliary facilities and assigns NAICS codes to all establishments based on their own activities. For the purpose of establishing consistency with the NAICS classification methodology, EPA changed its interpretation of the applicability of TRI reporting requirements to auxiliary facilities. As a result, some auxiliary establishments will no longer be subject to TRI reporting. For the years in which SIC codes and auxiliary facilities were relevant (Reporting Years 1991-2005), TRI-MEweb will automatically guide users to select a SIC code in lieu of a NAICS code.TRI-MEweb contains a list of NAICS codes for users to search and select. For example, Company X owns and operates a rice milling facility with NAICS code 311212. Company X also owns a warehouse where the finished product from the rice milling facility is stored before it is distributed to customers. Under the SIC system, the warehouse would have adopted the same SIC code as the rice milling facility (2044) and would be subject to TRI reporting if it met the other applicability criteria. However, under the NAICS system, the warehouse would not adopt the code of the rice milling facility and would be assigned a NAICS code based on its own economic activity. As a result, the warehouse might not be subject to the TRI reporting requirements.

No. The SIC system assigned SIC codes to auxiliary facilities according to the primary activity of the establishment that they served. An auxiliary facility was one that supported another facility’s activities. An auxiliary facility could assume the SIC code of another covered facility if its primary function is to serve that other covered facility’s operations. However, the NAICS system does not recognize the concept of auxiliary facilities and assigns NAICS codes to all establishments based on their own activities. For the purpose of establishing consistency with the NAICS classification methodology, EPA changed its interpretation of the applicability of TRI reporting requirements to auxiliary facilities. As a result, some auxiliary establishments will no longer be subject to TRI reporting.

This facility would be considered a separate operating establishment conducting a manufacturing activity. It would, therefore, need to make the employee and activity threshold determinations and report, if appropriate, because it falls within a covered NAICS code.

No. For the purposes of EPCRA section 313, auxiliary facilities are primarily engaged in performing support services for another facility, or establishment of a primary company. In general, the company performs the auxiliary facility’s basic administrative services (e.g. filing paperwork, performing payroll activities, or employing the auxiliary facility’s administrative staff). In addition, auxiliary facilities perform an integral role in the primary company’s activities. Both of these factors must be present to establish an auxiliary facility. Because reclamation is not integral to the primary company’s activities, the reclamation center does not play an integral role in the primary company’s operations and it would not be considered an auxiliary facility.Note that the NAICS system does not recognize the concept of auxiliary facilities and assigns NAICS codes to all establishments based on their own activities. For the purpose of establishing consistency with the NAICS classification methodology, EPA changed its interpretation of the applicability of TRI reporting requirements to auxiliary facilities. As a result, some auxiliary establishments will no longer be subject to TRI reporting.

A facility must report only if it meets the employee, NAICS code and activity criteria. Because the NAICS code criterion is not met, the facility as a whole need not report.

If the research laboratory is a separate establishment from the other activities at the facility and its NAICS code is not in a covered NAICS code, then the 50 percent test is used to determine if the whole facility is in the covered NAICS codes (40 CFR Section 372.22). In this case, the facility would not be subject to reporting because the primary NAICS code is not within the covered NAICS codes.

Waste treatment facilities are classified in NAICS Codes beginning with 562, which includes such activities as hazardous waste collection, treatment and disposal, and remediation. Hazardous waste treatment facilities that are regulated under the Resource Conservation and Recovery Act, Subtitle C, 42 U.S.C. Section 6921 et seq. were added in the final rule published on May 1, 1997 (62 FR 23834). Provided that the facility is classified within a covered NAICS code and meets the employee threshold, the facility would be required to consider its chemical management practices for purposes of EPCRA section 313 reporting. A facility’s NAICS code classification is not necessarily affected because it limits activities to facilities within the same company. For more information on NAICS codes and to determine which industries are covered under Section 313, visit TRI’s website: https://www.epa.gov/toxics-release-inventory-tri-program/my-facilitys-six-digit-naics-code-tri-covered-industry.

Trucking companies are generally not in a covered NAICS code. If you are not in a covered NAICS code, then you are not required to report under Section 313.

No. Use of oil or coal for purposes of testing, (e.g., testing safety equipment at nuclear facilities) would not constitute a use of oil or coal for purposes of generating power for distribution in commerce. However, if a facility intentionally generates excess power during the testing operations for the purpose of distributing it in commerce, the facility would be ‘covered.’ In fact, if the facility is intentionally generating electricity for distribution in commerce, provided that the facility meets the chemical activity and employee thresholds, the facility would be considered ‘covered’ even if only a small amount of fuel oil used.

Yes. Under the rule that expanded the industry sectors (May 1, 1997; 62 FR 23834) that must report under EPCRA section 313, electricity generating facilities (EGFs) in SIC codes 4911, 4931, and 4939 (now under NAICS codes beginning with 2211) that combust coal and/or oil for the purpose of generating power for distribution in commerce are subject to EPCRA section 313 reporting requirements, provided that the other threshold criteria are met. Pursuant to this expansion, kerosene (as well as petroleum coke) is an oil.

No. Facilities in NAICS codes beginning with 2211 are only covered by EPCRA section 313 if they combust coal and/or oil for the purpose of generating power for distribution in commerce. ‘Coal and/or oil’ does not include non-hazardous oil-contaminated debris. Since the facility is in a NAICS code beginning with 2211, but does not combust coal or oil, it is not covered by EPCRA section 313.