Chemical Thresholds and Reporting for TRI Compliance

Timing and activity type are critical when determining thresholds under EPCRA Section 313. Facilities must carefully evaluate when a chemical counts toward manufacturing, processing, or otherwise use to avoid underreporting or double-counting. Missteps often occur in areas such as distribution, mixtures, recycling, warehouse operations, and barge-related activities.

Timing and Processing in Distribution

TRI chemicals prepared for distribution in commerce are considered processed in the year they are prepared, even if shipment occurs in a later year. For example, if pipes are manufactured and stored this year but shipped next year, the processing counts in the current year’s threshold determination. This ensures thresholds reflect when the activity actually occurred, not when products leave the facility.

Mixtures and Otherwise Use

Mixtures such as metal cleaning baths can shift the otherwise use threshold. The entire quantity applied in the first year is counted for that reporting year. In subsequent years, only the amounts added are included. Similarly, chemicals used in remediation activities or for deicing must be included in otherwise use thresholds for the year that they were applied—regardless of whether they were purchased new or recovered from contaminated soil or groundwater.

Recycling and Waste Management

When solvents containing TRI chemicals are reclaimed and reused, they count once toward the otherwise use threshold. However, for release and waste management reporting, the recycled quantity must be included each time it is recycled and aggregated on Form R. This reflects the multiple waste management activities associated with the chemical as it cycles through the facility.

Warehouse Operations

Warehouse activities can also impact thresholds. Repackaging, such as pouring from a large drum into smaller containers for distribution, is considered processing. By contrast, receiving, storing, relabeling, or reshipping sealed prepackaged chemicals does not count as manufacturing, processing, or otherwise use. Facilities should review their warehouse operations carefully to distinguish reportable processing from exempt activities.

Barge-Related Releases

Barges introduce special considerations. Releases from a barge in dry dock located on facility grounds are reportable if thresholds are exceeded. However, releases that occur from the barge itself, such as air displacement of volatiles while afloat, are not reportable since a barge is not defined as a facility. Knowing this distinction ensures releases are attributed appropriately.

How TRI Toolkit Can Help

The TRI Toolkit makes it easier to capture timing and activity distinctions by:

• Defining activity levels for manufacturing, processing, and otherwise use.

• Reviewing thresholds in real time with built-in exemption logic.

• Running completeness and consistency checks before submission.

• Generating EPA-ready Form R XML files for TRI-MEweb submission.

  
  

With these features, facilities can keep reporting aligned with EPA requirements while reducing errors and rework.

References

1. 2024 QA Consolidation #133 — A facility processes pipes, stores them for the remainder of the reporting year, and then ships them off-site the following year to be distributed in commerce. Are TRI chemicals in the pipes that were prepared but not actually distributed during the reporting year considered to be processed for threshold determination purposes?

2. 2024 QA Consolidation #138 — In a single year, a federal facility buys 10,000 pounds of a listed chemical and uses this amount to create a mixture (for example a metal cleaning bath). The mixture is used both during that year and the following year. How does the facility make threshold determinations for each year?

3. 2024 QA Consolidation #144 — A covered TRI facility otherwise uses a solvent containing trichloroethylene (TCE), a listed toxic chemical, in its production process. Once the solvent has been used, the facility reclaims it on-site and then reuses it. This on-site recycling process occurs several times until the solvent can no longer be used. How should the facility consider the TCE in the solvent for purposes of EPCRA section 313 threshold determination and release and waste management calculations?

4. 2024 QA Consolidation #148 — A federal facility conducts remediation activities on soils contaminated in prior years. The facility is using an EPCRA section 313 chemical as part of the remediation action. Is the facility required to count the amount of EPCRA section 313 chemical used for remediation activities when making threshold determinations?

5. 2024 QA Consolidation #151 — A facility uses an EPCRA section 313 chemical for deicing runways. Some of this chemical is obtained through the remediation of soil and groundwater contaminated in previous years. When making its threshold determinations for this chemical, should the facility account for the amount of the recovered chemical that is used for deicing?

6. 2024 QA Consolidation #170 — Are on-site warehouses subject to the threshold determinations of section 313?

7. 2024 QA Consolidation #379 — A non-motorized barge is brought into dry dock for maintenance at a federal facility. While in dry dock, there are releases of a toxic chemical from the barge. Would the releases of this toxic chemical be reportable?

8. 2024 QA Consolidation #660 — A covered facility has a barge terminal where listed toxic chemicals may be loaded to a barge. If an activity threshold is met for one of these chemicals, are releases from the barge reportable?