The Requirements and How to Comply

Filing a Toxics Release Inventory (TRI) report can be a daunting process—but it’s one that is federally required and crucial for public health and safety. Year after year, the TRI reporting due date of July 1 looms. Easy to miss and just as likely to underestimate, a successful TRI report requires an efficient process from start to finish. Fortunately, with proper planning and foresight, meeting TRI reporting guidelines can be relatively simple and straightforward. Here, we will explore the various TRI reporting requirements and offer some TRI reporting guidance. 

What is TRI Reporting?

TRI reporting is an annual task that is due on July 1 of each year, outlining the release of toxic chemicals and pollution prevention activities for certain facilities. TRI reporting guidelines and requirements are managed under the Environmental Protection Agency’s (EPA’s) Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313. TRI reporting is a key aspect of EHS compliance. 

Basics of TRI Reporting: Fast Facts

• Annual EPCRA TRI reporting is mandatory for all facilities that have manufactured, processed, or otherwise used TRI-listed chemicals above reporting thresholds within the past year
• Within a TRI report, facility managers must indicate what chemicals of concern have had a measurable release to the surrounding community in the previous year, as well as any relevant pollution prevention activities
• EPCRA TRI reporting applies to a wide array of industries, such as those in chemical manufacturing, metal mining, and hazardous waste treatment
• TRI reporting requirements are meant to promote transparency regarding the types and quantities of chemicals released into the community every year, to aid with successful emergency planning, EHS compliance, and mitigation to communities and facilities
• A TRI report is also sometimes called a “Form R” report
• TRI reports are publicly accessible, meaning anyone can view, analyze, and use the information contained within them
• Failure to submit required TRI reports constitutes a violation of federal law and may result in civil penalties and enforcement actions by the EPA.
• The absence of accurate and timely TRI data may also hinder the effectiveness of emergency response efforts in the event of an incident.
• TRI reports are due on July 1 of each year, reporting on the previous year’s activities
  

Why TRI Reporting Matters

The overall EPCRA and TRI programs exist in order to help ensure transparency and emergency response. TRI data and toxic chemical release inventory forms help promote and share public knowledge about which toxic chemicals exist within the community, which can then be used to better support public health and environmental protection initiatives. On top of this, TRI data can be used by emergency response teams for a timely and efficient response to chemical events.

The public, facility managers, and government officials alike all use TRI data to reduce pollution within their communities, during both routine operations and emergency events. In doing so, these community members promote a safe, clean, and healthy public and natural environment. The EPA even provides a guide for using TRI data, with steps that include finding TRI data, identifying concerns and solutions, and taking action. Certain use cases include:

• Assessing chemical waste management trends
• Supplementing data in other national inventories
• Evaluating pollution prevention

TRI data is used not only by the EPA, but by other governmental agencies as well. These include the US Department of Health and Human Services and other more localized governmental bodies. These organizations use TRI data to track pollution across regions and ensure holistic planning, response, and pollution prevention. 

What are the penalties for non-compliance?

Noncompliance with TRI reporting doesn’t just mean that communities and environments will be a little less safe. It can also mean:

• Civil penalties, including monetary fines
• Workflow and operations disruption as a violation is corrected
• Bad public image
• Unhappy and ill employees

The EPA retains inspectors and lawyers in all 10 regional offices and at its headquarters who are strict and thorough when investigating incidents of noncompliance. 

TRI Reporting Requirements: Who Needs to Report, Reporting Thresholds, and Chemicals

There are certain instances in which a facility will need to file a TRI report, and TRI reporting criteria that identify these specific facilities. Let’s look at this criterion:

Covered Industry Sectors for TRI Reporting

TRI reporting requirements only apply to certain covered industry sectors, identified via the North American Industry Classification System (NAICS) code. The NAICS groups facilities into categories based on industry and production processes. This six-digit code allows for quick, general reference of the operations for each facility. To determine if a report is required for a facility, the organization should first determine its code, then cross-reference it with the EPA’s list of covered NAICS codes. Take note of any exceptions or limitations outlined within the EPA’s list. Federal facilities, for example, are covered by TRI reporting requirements regardless of their NAICS code.

Furthermore, only facilities with ten or more full-time equivalent employees must submit a TRI report, regardless of their covered industry status.

How often are NAICS codes updated?

NAICS codes are updated every 5 years. You need to use the most recent NAICS code on your TRI reports, so make sure to confirm this code regularly.

What companies must submit a TRI report?

Companies with relevant NAICS codes must submit a TRI report if they meet the relevant chemical types and quantities. This may include:

• Metal miners
• Electric power generators
• Chemical manufacturers
• Hazardous waste treatment facilities
• And more

Covered Chemicals for TRI Reporting

TRI reporting is required if a covered industry organization manufactures (including through import), processes, or otherwise uses a covered chemical at its facility. These covered chemicals, sometimes called “TRI-listed chemicals,” are typically those that cause:

• Cancer or other chronic human health effects
• Significant adverse acute human health effects
• Significant adverse environmental effects

The EPA maintains a TRI toxic chemicals list, the EPCRA Section 313 Chemical List, which includes 33 chemical categories and 799 individual chemicals. The list also includes carcinogens as identified by the Occupational Safety and Health Administration (OSHA), chemicals of special concern, and other chemicals. You can download the current list of TRI-listed chemicals from the EPA website. If you are a covered industry sector by NAICS code, compare your internal chemical list to the EPA’s covered chemical list. If there is an overlap, you likely need to report.

What does “manufacture” mean in the context of TRI reports?

Within the context of TRI reporting, manufacture means to produce, prepare, compound, or import an EPCRA Section 313 chemical.

What does “process” mean in the context of TRI reports?

Within the context of TRI reporting, process means preparation of a TRI-listed chemical (after manufacture) for distribution in commerce.

Do I only need to report on chemicals that have spilled or been released into the environment?

If you manufacture, process, or otherwise use a TRI-covered chemical within a covered industry and above the TRI chemical reporting thresholds, you need to submit a TRI report. This report is not only for noticeable or obvious chemical spills or release into the environment.

What is the TRI “otherwise use” definition?

Simply put, the TRI otherwise use definition covers any chemical contained in a mixture, product, or waste that is not covered by the terms “manufacture,” “process,” or storage.

This includes on-site treatment for destruction, disposal, and stabilization when the covered facility engaged in these activities received materials containing any chemical (not just a TRI-listed chemical) from off-site for the purposes of waste management, even if the generator and receiving facilities have common ownership but does not include disposal, stabilization, or treatment for destruction except under specific circumstances.

Are PFAS considered a TRI-listed chemical?

Certain per- and polyfluoroalkyl substances (PFAS) are covered under the EPCRA Section 313 chemical list and must be included on a TRI report. This was first enacted during the National Defense Authorization Act of 2020.

What are the TRI reporting requirements for PFAS?

For Reporting Year (RY) 2024 (reports due July 1, 2025), 196 PFAS are reportable. PFAS are designated as “chemicals of special concern,” so the de minimis exception does not apply.

Are PBTs considered a TRI-listed chemical?

Persistent Bioaccumulative Toxic (PBT) chemicals are covered by TRI reporting but have separate reporting thresholds based on the chemical’s potential to persist and bioaccumulate in the environment.

Are there any exceptions to the EPA coverage determinations?

Yes. Federal facilities must always submit TRI reports, regardless of industry NAICS code, unless they do not exceed the facility size and reporting threshold for covered chemicals. Certain other high-risk facilities may always be required to report as well. Any EPA administrator may extend TRI reporting requirements to any facility based on a used chemical’s toxicity, proximity to other similar facilities or population centers, history of releases, or any other factor.

What is an EtO facility?

An EtO facility is an ethylene oxide facility. These facilities must always submit TRI reports regardless of facility NAICS code or size unless they do not exceed the reporting threshold for covered chemicals.

TRI Chemical Reporting Thresholds

Once you have determined that your facility does manufacture, process, or otherwise use a TRI covered chemical, you need to check the quantities with which you will be required to report. Generally, annual TRI reporting thresholds are 25,000 pounds each for manufacturing and processing and 10,000 pounds for otherwise use. Thresholds are not combined across use categories; they apply individually to each type of activity. A facility becomes subject to TRY reporting for a chemical only when one specific use category meets or exceeds its applicable threshold.

Many people get confused with TRI reporting and believe that you only need to report on releases. Not so. You need to submit a Form R or Form A TRI report for all TRI-listed chemicals that are manufactured, processed, or otherwise used on your site and estimate any releases, even if you had not had any actual releases.

What is the TRI chemical reporting threshold for PFAS?

PFAS have a lower reporting threshold than other chemicals, at only 100 pounds.

What is the TRI chemical reporting threshold for PBTs?

The TRI chemical reporting threshold for PBTs is 100 pounds for most; if the chemical is particularly persistent, toxic, and bioaccumulative, it is 10 pounds. One exception to this general rule is in the dioxin and dioxin-like compounds chemical category, in which the threshold is only 0.1 grams.

The graphic below outlines the steps one must take to evaluate reporting requirements for every individual chemical or chemical category to evaluate the need for TRI reporting.

Understanding Form R and Other Reporting Forms

Organizations that meet all the TRI reporting criteria outlined above need to submit a TRI form R for each relevant TRI-listed chemical. This exhaustive form covers quantity, location, and more over the course of 5 pages of forms, per chemical. Certain facilities may be eligible to submit a shorter Form A report if they meet certain criteria:

• The toxic chemical is not a PBT chemical
• The toxic chemical was not manufactured, processed, or used in excess of 1,000,000 pounds
• The total annual reportable amount of a listed toxic chemical did not exceed 500 pounds

What is the difference between the TRI Form R and the TRI Form A?

TRI Form R is a longer, more in-depth form that goes through more details. TRI Form A is a simplified version of this. TRI Form R must always be used unless the facility meets certain criteria for toxicity level and chemical thresholds, in which Form A may be used.

Where do I file my TRI reports?

TRI reports, whether TRI Form R or TRI Form A, on the EPA’s TRI-MEweb platform. This is the central point of TRI data storage and TRI reporting. You must make an account to prepare and submit forms through TRI-MEweb. Reports will be sent to and accessible via the Central Data Exchange (CDX).

Does it cost money to submit a TRI report?

While the EPA does not charge a fee for TRI reporting, some states may enforce TRI reporting fees.

So, should I use Form A or Form R for TRI?

It depends on the specific chemicals and thresholds of those chemicals you are using.

Is TRI reporting the same as Form R reporting?

Form R is used to report within TRI reporting regulations. The terms are often used interchangeably.

TRI Reporting Deadlines

So, when are TRI reports due? The TRI reporting due date is July 1 of every year. On July 1, you need to submit reports that cover the previous year’s inventory and releases. It is important to submit on time not only to maintain up-to-date TRI data, but also to avoid late penalties.

Step-by-Step TRI Reporting Instructions

Looking for some TRI reporting instructions? The EPA provides a guide of materials and resources to help you succeed; TRI reporting steps include:

1. Determine if your facility meets TRI reporting requirements, including for industry NAICS code and facility size as well as chemical coverage and threshold quantities.
2. Collect TRI data throughout the year, including quantity, use case, location, potential methods and paths of release, and more. It may help to implement a chemical inventory management program to automatically and seamlessly track chemical quantities throughout the year.
3. Register or log into your organization’s TRI-MEweb account.
4. Use TRI-MEweb to prepare TRI reporting forms.
5. Certify that your forms are correct.
6. Submit forms via TRI-MEweb.
7. Review your facility data, as well as data from other facilities, online with the EPA’s TRI Toolbox tool or on the CDX.

Common TRI Reporting Errors to Avoid

It’s crucial that TRI reports are accurate and timely. Not only to keep communities safe, but to ensure efficient emergency response. Common TRI reporting errors include:

1. Misidentifying chemicals. If you do not have an effective and thorough chemical inventory database or if your employees do not have proper EHS training, chemicals may be reported that don’t actually have to be—or vice versa, dangerous chemicals could go unreported.
2. Incorrect thresholds. Using outdated thresholds may cause you not to report releases of toxic chemicals, endangering the community. Or, you may use an older threshold and waste time—and potentially money—reporting on chemicals that you are not required to report on.
3. Failing to update process changes. If you have a process change at your facility, make sure to document it. If you don’t do so, you could still think you use processes that would require TRI reporting—even though reporting on them would be in error. Alternatively, you may not realize that your new processes warrant reporting of toxic chemicals.
4. Missed deadlines. Missing the reporting deadline not only means a financial penalty, but also prevents the community from accessing important health and safety data.
5. Confusing reports. Tier II reporting is another aspect of EPCRA chemical reporting that is due March 1 of each year. While the Tier II report focuses on chemical storage, the TRI report focuses more on chemical use and emissions. Don’t confuse these two separate reports and believe you have covered all your reporting compliance bases when you submit your Tier II report in March.
6. Not considering manufacture and processing, just releases. A “release” means any spilling, leaking, pumping, pouring, emitting, discharging, leaching, or disposing into the environment of a toxic chemical. If you incorrectly believe that TRI reports only deal with chemical releases, you may miss many chemicals that are manufactured, processed, or otherwise used on site but fall under the reporting umbrella. Within your report, you do need to estimate potential release for all chemicals, even if you have no actual releases!
7. Focusing on materials, not chemicals. If you have a material, you need to consider all the chemicals that were used to produce it and report on that.
8. Confusing your role in “manufacturing” TRI-listed chemicals. Confirm that you are indeed manufacturing chemicals (as it relates to the official EPA definition). Consider the pre- and post- chemicals during your processes.

Finally, any TRI report submitter should familiarize themself with the TRI-MEweb software. This software is the only location for submitting TRI reports for compliance. TRI-MEweb is the online application that is used to submit TRI reports to the EPA and to other tribes and regulatory bodies, as appropriate. This tool has on-page guidance, error checking, and input functionality that makes it simple and efficient to submit TRI reports. The EPA offers TRI-MEweb guidance with GuideME.

TRI Reporting Guidance

Here are some quick tips to make your TRI reporting process efficient and straightforward:

1. Leverage your chemical inventory system to track material use. Accurate material use information will ensure all relevant information is in one readily accessible and condensed location.
2. Fully audit your processes and the ways in which releases may be generated, especially those that may be unseen. Full understanding of the sources of chemical pollution within the workplace will ensure you accurately and compliantly report, based on your operations.
3. Estimate how much material in your chemical inventory might have escaped. Based on your processes and chemical inventories, determine how much material may have escaped between the time of material acquisition and final production. This process, sometimes called a mass balance, will help provide information for your TRI report.
4. Start early. It can be a daunting task to accurately track chemical inventories, gather required information, and report on time. As such, it is crucial to begin filling out the TRI report as early as possible, year after year.  

How Triumvirate Environmental Helps with TRI Reporting

Triumvirate Environmental is a holistic EHS services provider with a reputation for helping organizations meet their safety and EHS compliance needs. We offer support with:

• Evaluation of operations to determine if you need to report
• Data management through our chemical inventory management software
• Report review and final submission
• Operations auditing to ensure process updates are accounted for

We also regularly review the guidance around TRI-covered chemicals (including PFAS) to ensure that, in working with us, you always have the very best and most up-to-date information. Our custom compliance strategies, even for complex facilities, help reduce regulatory risk with expert support. For TRI reporting assistance or general TRI help, contact us.

Stay Compliant with Confidence

TRI reporting is a crucial EHS compliance and overall safety requirement. The EPA strictly monitors and enforces reporting, which can often be complex and troublesome. The July 1 TRI reporting due date is always looming—but proactive year-round awareness and data tools can help you succeed (all while avoiding noncompliance risks and fines).

Ready to get started with report preparation or review? Contact Triumvirate Environmental for full-service TRI reporting assistance.

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