Revised TRI Form A Reporting Requirements After 2009

jmaiden
Sep 3
2 min read

The 2009 Omnibus Appropriations Act reinstated the TRI Form A rules that were in place before December 22, 2006. Effective for reports due beginning July 1, 2009, this change brought back stricter requirements for certain chemicals. Most notably, persistent, bioaccumulative, and toxic (PBT) chemicals once again require the comprehensive Form R.

When Form A Can Be Used

Form A remains an option for facilities, but only under narrow conditions. It is reserved for non-PBT chemicals and is available only when both of the following limits are met:

Annual reporting amount (production-related releases and other waste management activities): must not exceed 500 pounds.
Total activity (combined manufacture, process, or otherwise use): must not exceed 1 million pounds in the reporting year.

If either threshold is exceeded, Form A cannot be used, and facilities must file Form R.

PBT vs. Non-PBT Chemicals

Facilities handling PBT chemicals must file Form R in every case. This requires detailed reporting on releases and waste management practices. For non-PBT chemicals, facilities must carefully evaluate both usage and waste management practices to confirm whether Form A eligibility applies.

Why Careful Tracking Matters

These reinstated limits make accurate recordkeeping more important than ever. Facilities must:

Track manufacturing, processing, and otherwise use quantities throughout the year.
Calculate the annual reporting amount with precision.
Maintain clear documentation to demonstrate why Form A was chosen—or why Form R was required.

Accurate records not only ensure the correct form is filed but also reduce compliance risks if reporting decisions are ever reviewed by EPA.

How TRI Toolkit Can Help

The TRI Toolkit makes these distinctions clear by:

Identifying PBT chemicals and flagging when Form R is required.
Tracking manufacturing, processing, and otherwise use quantities in real time.
Calculating the annual reporting amount so you can confirm threshold criteria.
Generating EPA-ready Form R XML files when Form A cannot be used.

By aligning reporting practices with these stricter requirements, facilities can reduce errors, streamline submissions, and stay compliant.

References

2024 QA Consolidation #738 — How did the 2009 Omnibus Appropriations Act change the TRI Form A reporting requirements?