Q&A: Is TRI reporting required for stored chemicals?

If a facility has a chemical in storage during the reporting year, is the owner/operator subject to Toxics Release Inventory (TRI) reporting of the chemical?

Per 40 CFR 372.30(a), “for each toxic chemical known by the owner or operator to be manufactured (including imported), processed, or otherwise used in excess of an applicable threshold quantity in 40 CFR 372.25, 40 CFR 372.27, 40 CFR 372.28, or 40 CFR 372.29 at its covered facility described in 40 CFR 372.22 for a calendar year, the owner or operator must submit to EPA and to the State in which the facility is located a completed EPA Form R…”

Therefore, you must determine whether the chemical in question meets the definition of any of the following under 40 CFR 372.3 in order to determine if it must be included in the TRI report.

Manufacture

Manufacture means to produce, prepare, import, or compound a toxic chemical. Manufacture also applies to a toxic chemical that is produced coincidentally during the manufacture, processing, use, or disposal of another chemical or mixture of chemicals, including a toxic chemical that is separated from that other chemical or mixture of chemicals as a byproduct, and a toxic chemical that remains in that other chemical or mixture of chemicals as an impurity.

Process

Process means the preparation of a toxic chemical, after its manufacture, for distribution in commerce:

• In the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such substance, or
• As part of an article containing the toxic chemical. Process also applies to the processing of a toxic chemical contained in a mixture or trade name product.

Otherwise use

Otherwise use means any use of a toxic chemical, including a toxic chemical contained in a mixture or other trade name product or waste, that is not covered by the terms “manufacture” or “process.” Otherwise use of a toxic chemical does not include disposal, stabilization (without subsequent distribution in commerce), or treatment for destruction unless:

• The toxic chemical that was disposed, stabilized, or treated for destruction was received from off-site for the purposes of further waste management; or
• The toxic chemical that was disposed, stabilized, or treated for destruction was manufactured as a result of waste management activities on materials received from off-site for the purposes of further waste management activities. Relabeling or redistributing of the toxic chemical where no repackaging of the toxic chemical occurs does not constitute otherwise use or processing of the toxic chemical.

Bottom line

Storage by itself would not satisfy any of the aforementioned activities and, therefore, would not need to be included in a TRI report. However, if the facility exceeds the manufacturing, processing, or otherwise use threshold for the same chemical elsewhere at the facility, the facility must consider releases from the storage of the toxic chemical. The facility must also consider the amount of the chemical in storage when calculating the maximum amount on-site during the year.

The facility may also have other EPCRA reporting requirements, including SDS reporting under EPCRA section 311 and hazardous chemical inventory reporting (a.k.a, Tier II reporting) under EPCRA section 312.

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