Section 313, commonly referred to as the Toxic Chemical Release Inventory or TRI, requires certain facilities to complete a Form R report annually for specified chemicals. The report form must be submitted to both EPA and the SERC by July 1, and covers releases and other waste management of toxic chemicals during the preceding calendar year. Facilities also must report information on source reduction, recycling, and treatment under the Pollution Prevention Act of 1990. One purpose of this reporting is to inform the public and communities surrounding covered facilities about toxic chemicals at individual facilities, their uses, and releases into the environment. The EPA maintains the information in a national TRI database that is available to the public. The State of Michigan also makes the information available to the public. TRI data is available on the Internet and in published reports.

Who must report?

The TRI reporting requirement applies to facilities that have 10 or more full-time employees (or the equivalent of 20,000 hours per year), that manufacture (including import), process, or otherwise use a listed toxic chemical above threshold quantities, and that are in one of the following sectors:

·         Manufacturing (Standard Industrial Classification (SIC) codes 20 through 39)

·         Metal mining (SIC code 10, except for SIC codes 1011, 1081, and 1094)

·         Coal mining (SIC code 12, except for 1241 and extraction activities)

·         Electrical utilities that combust coal and/or oil for the purpose of generating electricity for distribution into commerce (SIC codes 4911, 4931, and 4939)

·         Resource Conservation and Recovery Act (RCRA) Subtitle C hazardous waste treatment and disposal facilities (SIC code 4953)

·         Chemicals and allied products wholesale distributors (SIC code 5169)

·         Petroleum bulk plants and terminals (SIC code 5171)

·         Solvent recovery services (SIC code 7389 limited to facilities primarily engaged in solvent recovery services on a contract basis)

v      Federal facilities that meet the thresholds also must report by Executive Order.

Toxic Chemicals and Reporting Thresholds

There are about 650 toxic chemicals and chemical categories covered by section 313. These chemicals are listed in 40 CFR 372.65. Special chemicals of concern that have lower thresholds are listed in 40 CFR 372.28. The Consolidated List of Lists also identifies the section 313 chemicals; this list includes chemicals that are subject to other EPCRA requirements and to the Clean Air Act, Section 112(r).

A facility must report if it manufactures (including imports) or processes 25,000 pounds or more or otherwise uses 10,000 pounds or more of a listed toxic chemical during the calendar year. Lower thresholds were established beginning in 2000 for special chemicals of concern. These chemicals are persistent, bioaccumulative and toxic (PBT); the thresholds are specified in 40 CFR 372.28.

The EPA can add, remove, or modify the list of toxic chemicals that must be reported. Facilities should check each year for any changes to the section 313 chemicals and chemical categories.

Toxic Chemical Release Inventory Report

If you meet the above criteria, you need to submit the "Form R - Toxic Chemical Release Inventory Reporting Form" by July 1 to EPA and the SERC. The DEQ SARA Title III Program receives these reports on behalf of the SERC. Each year, the EPA mails the reporting packet (form, instructions and software) to companies that submitted reports the previous year. Facilities must use the most current report form. Facilities that have not previously reported should contact the SARA Title III Program for reporting information.

The reports can be submitted through the Internet using the TRI-ME reporting software, on magnetic media (diskette) format, or paper copy. The DEQ SARA Title III Program recommends that you send your submission electronically through Internet.  Michigan is a partner in the TRI State Data Exchange, and Internet submissions will be forwarded to the State and will fulfill your dual reporting obligation. You will not have to mail anything to the state.   (Note: first-time filers cannot use this option.)  Diskette submittals must include a signed certification letter; paper copies must be individually signed and dated.

Where To Go For Help

SARA Title III Program

Phone:  (517) 373-8481

Web page: www.michigan.gov/deqsara (then SARA Title III – Toxic Chemical Release Inventory)

E-mail: deq-ead-tri@michigan.gov

U.S. EPA Toxics Release Program

Web page: http://www.epa.gov/tri

EPCRA Call Center

Phone:  (800) 424-9346

Web page: www.epa.gov/ceppo/