Toxic Release Inventory (TRI) Reporting


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The Commonwealth of Pennsylvania follows the U.S. Environmental Protection Agency (EPA) Toxic Release Inventory (TRI) Program reporting guidelines exactly and has no additional TRI requirements except for the reporting fees charged to TRI facilities (see ‘Fee Requirements’ below).
 
In 1984 a deadly cloud of methyl isocyanate killed thousands of people in Bhopal, India. Shortly thereafter there was a serious chemical release at a sister plant in West Virginia. These incidents underscored demands by industrial workers and communities in several states for information on hazardous materials. Public interest and environmental organizations around the country accelerated demands for information on toxic chemicals being released "beyond the fence line" outside of the facility. Against this background, the federal Emergency Planning and Community Right-to-Know Act (EPCRA), also known as SARA Title III, was enacted.
 
Section 313 of EPCRA specifically requires facilities to report releases of over 600 designated toxic chemicals to the environment. TRI facilities are required to report on releases of toxic chemicals into the air, water, and land. In addition, they need to report off-site transfers -- a transfer of wastes for chemical recycling, treatment, or disposal at a separate facility. Facilities may also report pollution prevention activities. The reports are submitted to the U.S. Environmental Protection Agency (EPA) and, in Pennsylvania, to the Department of Labor & Industry, Bureau of PENNSAFE. EPA compiles this data in an on-line, publicly accessible national computerized Toxics Release Inventory (TRI) on the Internet at www.epa.gov/triexplorer/.
 
Reports covering the prior calendar year must be submitted annually on or before July 1. If filing hard copy reports, a separate copy must be sent to both EPA and the Commonwealth of Pennsylvania.
 
For the TRI reports covering January 1 through December 31, 2008 that are due July 1, 2009, Pennsylvania is participating in the TRI State Data Exchange. TRI data for Pennsylvania facilities reported via the Internet to the EPA Central Data Exchange (CDX) using the EPA TRI-MEweb (TRI-ME) software will also satisfy TRI reporting requirements for Pennsylvania. This is the recommended reporting method for Pennsylvania TRI reporting facilities.
 
This data exchange allows EPA's CDX to automatically forward copies of electronic TRI submissions from Pennsylvania facilities to the Colorado Department of Labor & Industry, allowing Pennsylvania to receive raw, electronic TRI data in real time. The reporting facility will receive instant receipt confirmation of its submission from the CDX. Please note this one-stop reporting via CDX is available for all Pennsylvania facilities. This method of reporting reduces the burden of dual reporting for Pennsylvania facilities and will eliminate their paper and diskette TRI submissions. This also allows both EPA and Pennsylvania to process TRI reports more efficiently, and with less data entry errors.
 
If you have any questions about the CDX submission process, e-mail epa.cdx@csc.com or call toll free: 1-888-890-1995 between the hours of 8:00 a.m. - 6:00 p.m. Eastern Time. For additional information about CDX, please go to http://www.epa.gov/cdx/.

Who Must Report to TRI?

Facilities identified in the table below that have the equivalent of 10 or more full-time employees and meet the established thresholds for manufacture, processing, or "otherwise use" of listed chemicals (i.e., manufactures or processes over 25,000 pounds of the approximately 600 designated chemicals or 28 chemical categories specified in the regulations, or uses more than 10,000 pounds of any designated chemical or category) must report their releases and other waste management quantities (including quantities transferred off-site for further waste management).
 
Sector Standard Industrial Classification (SIC) Code
Manufacturing: 20-39
Metal Mining: 10 (except 1011, 1081, and 1094)
Coal Mining: 12 (except 1241)
Electrical Utilities: 4911, 4931, and 4939, limited to facilities that combust coal and/or oil for the purpose of generating electricity for distribution in commerce
Treatment, Storage, and Disposal Facilities: 4953, limited to RCRA Subtitle C permitted or interim status facilities
Solvent Recovery Services: 7389, limited to facilities primarily engaged in solvent recovery services on a contract or fee basis
Chemical Distributors: 5169
Petroleum Bulk Terminals: 5171
All Federal Facilities Owned or Operated by Executive Branch Agencies: No restrictions based on SIC Codes
TRI Program promulgates the Toxics Release Inventory Form A Eligibility Revisions Implementing the 2009 Omnibus Appropriations Act Rule
In response to a Congressional mandate in the Omnibus Appropriations Act of 2009, the TRI program has promulgated The Toxics Release Inventory Form A Eligibility Revisions Implementing the 2009 Omnibus Appropriations Act Rule. This rule modifies Form A eligibility provided for at 40 C.F.R. section 372.27 (Alternate thresholds and certifications). For PBT chemicals, this final rule eliminates Form A eligibility for those chemicals listed at 40 C.F.R. section 372.28. For non-PBT chemicals, today’s final rule reinstates the 500-pound annual reporting amount (the total of releases and other waste management) and 1,000,000 pounds manufactured, processed or otherwise used Form A eligibility threshold in effect prior to December 22, 2006. This includes releases and waste management activities (Section 8.1 through and including Section 8.7) which are counted against the 500 pound threshold criterion.

How to Obtain TRI Reporting Software and Guidance on Reporting Requirements:

TRI – Made Easy (TRI-ME) Software:
 
There are two TRI-ME applications: TRI-MEweb and TRI-MEdesktop.
 
TRI-Made Easy Web (TRI-MEweb) is a web-based application that you can access anywhere you have a connection to the internet. TRI-MEweb requires no downloads or software installs. This is now the preferred method to do TRI reports and EPA considers TRI-MEweb to be the TRI reporting software of the future.
 
Important: Please note that in order to use TRI-MEweb, certifying officials must register for the application in CDX. This registration requires the printing, completion, and mailing of an electronic signature agreement. Please allow adequate time for the mailing and processing of this form, which is estimated to take a minimum of 5 business days.
 
Certifiers may register for TRI-MEweb in two ways:
  1. A preparer for a facility may nominate a certifier. The certifier will then receive an email with instructions from CDX on what to do to register.
     
  2. A certifier may register at the CDX directly at http://cdx.epa.gov/epa_home.asp
TRI-MEdesktop is a predecessor of TRI-MEweb that requires the download of an application to a computer. The desktop version of the TRI-ME software is an interactive, intelligent, user friendly software tool that guides facilities through the TRI reporting experience. Currently, EPA plans to offer TRI-MEdesktop software through the report year 2008 reporting period (due July 1, 2009) and then discontinue the application.
 
For more information and Tutorials on TRI-ME Reporting Software, click on the following link: http://www.epa.gov/tri/report/software/index.htm#national

Pennsylvania Fee Requirements:

For each chemical reported on the Toxic Chemical Release Inventory or alternate Threshold Certification Form, a fee of $250 is to be paid to the "Pennsylvania Hazardous Material Response Fund." Fees are due with the reports by July 1 of each year. If you submitted your TRI report via the CDX, you must still mail your payment to Pennsylvania.
  • The maximum fee for any facility is $5,000, regardless of how many chemicals are reported.
  • Under Act 165, there are no county fees associated with this form.
Fees submitted should only be for these requirements. No other fees (state, county or local) can be processed. Invoices and hard copy reports for those not filing via the CDX are to be sent to the following addresses:
 
FOR CERTIFIED MAIL – Department of Labor & Industry, Bureau of PENNSAFE, 155E Labor & Industry Building, 651 Boas Street, Harrisburg, PA 17121.
 
FOR REGULAR MAIL – Department of Labor & Industry, Bureau of PENNSAFE, 155E Labor & Industry Building, P.O. Box 68571, Harrisburg, PA 17106-8571.
 
For general information you can contact the national EPCRA Hotline toll-free at 1-800-424-9346.
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