toxics releasedThe Toxics Release Inventory (TRI) Requirement

EPA requires reporting of toxic chemical releases under EPCRA, and facilities that manufacture, process, or use toxic chemicals over certain quantities must file annual reports estimating the amounts released to the environment, treated or recycled on-site, or transferred off-site for waste management. These reports are submitted to EPA and the state or tribe with jurisdiction over the facility. EPA compiles this information into a national TRI database and makes it available to the public.

Example of What Happens When You Don’t Comply

A  Nevada-based gold mine company recently settled with the EPA for their failures to correctly report toxic chemical releases and waste management activities for 4 straight years. The company paid fines of $278,000 and then spent an additional $340,000 to conduct an environmentally beneficial project.

Criteria For Who Must Report a Toxics Release Inventory (TRI)

TRI reports must be filed by facility owners or operators but both will be held responsible if a report is not filed. Facilities must file TRI reports with the EPA before July 1 each year if they meet all of the following criteria:

  • Have 10 or more full-time employee equivalents (i.e., 20,000 hours). One full-time employee means 2,000 hours per year of full-time equivalent employment. A facility would calculate the 10-employee threshold by totaling the hours worked during the calendar year by all full- and part-time employees, including contract employees, and dividing that total by 2,000 hours (does not include contract drivers or janitorial contractors).
  • The facility is in an NAICS industry code listed in 40 CFR 372.22 and 40 CFR 372.23.
  • Federal facilities covered by Executive Order 12856, Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements, must comply with TRI requirements. Federal facilities covered by this order include those…
    • Owned or operated by Executive Branch agencies regardless of Standard Industrial Classification (SIC) code (includes federal prisons, national parks, and federal hospitals)
    • With 10 or more full-time employees (equivalent of 20,000 hours per year), and
    • That exceed “manufacture,” “process,” and/or “otherwise use” thresholds of a listed chemical
  • Suppliers of toxic chemicals must also fulfill notification requirements. Owners and operators must notify their customers that the product or mixture is an EPCRA chemical if their facilities…
    • Are in any of the SIC Codes 20 through 39 or a NAICS code that corresponds to SIC Codes 20 through 39 contained in 40 CFR 372.23(b),
    • Manufacture, import, or process a toxic chemical, or
    • Sell or distribute a product or mixture to a facility subject to TRI reporting or to a facility that, in turn, will sell or distribute the product to a facility subject to TRI reporting.

Environmental Risk Management can examine your facility and operations to help you prevent TRI reporting violations.


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Since 1989, Environmental Risk Management has been providing responsive, client focused 1-source turnkey solutions for a wide variety of environmental safety challenges. With our experience and extensive network of diverse internal and external resources, our clients trust us to provide quality Environmental & Safety Services for their businesses. Our environmental compliance specialists recognize the need to consult with private industry and the business community and our goal is to ensurer our client’s are complying with complex environmental regulations and minimizing their environmental liabilities.
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