2004 Q&A Addendum, Question # 1

1. Is a facility which meets the employee and toxic chemical activity thresholds and is in a covered SIC code required to report if it had no releases of the toxic chemical during the reporting year?
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 either the Form R or Form A (Alternate Threshold Certification Statement). If the facility meets the employee and chemical activity thresholds and is in a covered SIC 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 (a two-page certification statement) instead of the Form R. However, if the facility exceeds either the 500 or one million pound limits, it must report on the Form R. (See Section 5A of this document on Alternate Threshold Reporting.)

Additional Details

Question # 1 Source EPCRA Section 313 Questions and Answers Addendum to the Revised 1998 Version as of December 2004 (PDF)(63 pp, 600 KB, November 2004)
ID 04-001 Status Archived
Category 1. Determining Whether or Not to Report: Facility Subcategory 1.A. Types of Facilities That Must Report
Keyword(s) Alternate Threshold (Form A), Form A, Form R, Reporting Criteria
Updated Q&A Question Number 3
Prior Q&A [Archived] Question Number 2, 1998 EPCRA 313 Q&A
Prior Source: [Archived] Question Number 2, 1998 EPCRA 313 Q&A: Alternate Threshold; Form A; Form R; Reporting Criteria.65. Pursuant to 40 CFR section 372.27, the Form A Certification Statement may not be considered for the PBT chemicals listed at 40 CFR section 372.28. (See Persistent Bioaccumulative Toxic (PBT) Chemicals final rule (64 FR 58666, October 29, 1999) and Lead and Lead Compounds final rule (66 FR 4500, January 17, 2001)). Revision Explanation: NA